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cmd090721EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES September 7, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember ELECTED OFFICIALS ABSENT Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Tom Brubaker, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:01 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Distelhorst read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, with the exception of Councilmember L. Johnson, participating remotely. Council President Paine advised Councilmember L. Johnson was celebrating her 25t' wedding anniversary and asked to be excused from tonight's meeting. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXCUSE COUNCILMEMBER L. JOHNSON. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. PROCLAMATION ON SUICIDE PREVENTION MONTH Edmonds City Council Approved Minutes September 7, 2021 Page 1 Mayor Nelson read a proclamation proclaiming the month of September 2021, as Suicide Prevention Month in the City of Edmonds. 2. SNOHOMISH HEALTH DISTRICT 2021 SUICIDE PREVENTION REPORT Wendy Burchill, Healthy Communities Specialist & Child Death Review Coordinator, Snohomish Health District, explained through her work with CDR, they make recommendations for prevention of future deaths by focusing on modifiable risk factors and population -level trends. Modifiable risk factors are those that can be changed, unlike genetic or fixed environmental conditions. Recommendations are targeted to specific systems (e.g., healthcare, public health, school districts, law enforcement, etc.) or policy bodies, including both those participating in CDR and other entities that can reduce risk factors to protect children. Ms. Burchill explained CDR allows her to collect more current data on child preventable deaths including suicide. Suicide is preventable and yet is the loth leading cause of death in the United States and 2nd leading cause of death for youth in Washington State. In Snohomish County, suicide is the #1 cause of death for youth ages 10-17, and the #2 cause of death for ages 15-24 year olds. The focus on youth suicide prevention is important because if mental health and/or childhood trauma are addressed early, it may give young adults the tools needed to prevent adult suicide. Ms. Burchill reviewed: • Suicide Trend by Age Group, Snohomish County, 2014-2019 Rate Per 100,000 by Age Range Year 1-14 15-24 25-44 45-64 65+ 2014 1.5 21.6 15.6 28.0 15.6 2015 2.95 23.9 11.9 20.0 21.9 2016 0 18.5 18.5 16.9 18.7 2017 0.71 21.9 18.4 21.1 20.3 2018 1.4 27.4 15.7 20.6 18.3 2019 0 21.9 1 10.1 20.5 16.5 Source: Washington State Department of Health Center for Health Statistics, Death Certificate Data 2014-2019. Community Health Assessment Tool (CHAT) Youth Suicide in our Community o Youth Suicides (0-18), Snohomish County, 2014-2020, (ending June 2020) School Years ■ Male - 26 • Female - 14 Source: Washington State Department of Health Center for Health Statistics, Death Certificate Data 2014-2019. Community Health Assessment Tool (CHAT) o Over a ten-year period (2006-2016) ■ 8th graders who planned how they would attempt suicide has increased by nearly 50% (8.8% to 13.7%) ■ loth graders who planned how they would attempt suicide has also increased nearly 50% (12.2% to 17.5%) a 12th graders who planned how they would attempt suicide has also nearly doubled (9.1 % to 17.5%) ■ 12th graders who have seriously considered attempting suicide has nearly doubled (11.7% to 22.7%) Source: 2006-2016 Health Youth Survey Data, Snohomish County Suicide 6th Graders 8th Graders loth Graders 12th Graders 2018 Seriously considered attempting suicide 20.8% 1.0% 22.5% 26.0% Planned how you would attempt suicide -- 14.1% 16.3% 19.5% Attempted suicide 1 6.7% 1 8.9% 1 9.1 % 1 9.8% Edmonds City Council Approved Minutes September 7, 2021 Page 2 2016 Seriously considered attempting suicide 15.8% 16.3% 21.8% 22.7% Planned how you would attempt suicide -- 13.7% 17.9% 17.5% Attempted suicide 4.8% 8.7% 10.9% 9.7% 2016 & 2018 Health youth Survey Data, Snohomish County Depression 6th Graders 8th Graders loth Graders 12th Graders 2018 Have been severely depressed -- 30.9% 38.2% 44.0% Feel they are doing "just as well as other kids their -- 59.8% 51.8% 43.7% a e" most or all of the time not asked in 2016 Look forward to the future, ratings of 8-10 -- 56.3% 56.2% 56.2% "completely true" 2016 Have been severely depressed -- 26.8% 36.3% 38.8% Look forward to the future, ratings of 8-10 -- 70.8% 64.6% 64.9% "completely true" 2016 & 2018 Health youth Survey Data, Snohomish County Zero Suicide Discussion, November 2020 o From August 2019 to August 2020 there were no youth (age 0-17) suicides in Snohomish County. This was the first time in nearly 20 years where there were zero youth suicides in a 12- month period. o EMS Dispatch for Suicidal, Suicidal Ideation, OD related to an attempt, and/or intentional Self - Harm for ages 10-17 in Snohomish County from 2017 through October 15, 2020 ■ 2017 — 301 ■ 2018 — 362 ■ 2019 — 319 ■ 2020 — 197 (ending 10/15/20) o Potential Protective Factors ■ Sleep ■ More family time/interaction (and pets!) ■ Less juggling of commitments, not overextended ■ Less bullying ■ More flexibility in terms of schedule and an opportunity to take ownership of when and where schoolwork is completed ■ Less academic pressure —testing, deadlines ■ Less distraction and chatter (esp for ADD/HD, anxiety students) ■ Supervision ➢ It was also noted that DCYFS intakes regarding suicide attempts were down during this time as well. o Potential Risk Factors (in addition to the traditional suicide risk factors) ■ Unpredictability of the future —days, weeks, months, years —increases anxiety * Lack of coping strategies ■ Youth who have become disengaged from school ■ When home is not a safe space —creating trauma that may lead to mental health crisis or suicide attempt(s). ■ Increased access to firearms o Recommendations from the Zero Suicide Discussion ■ Resources to schools after a suicide. Include survivor and bereavement resources ■ Suicide risk assessment screening for all DCYFS/CPS cases ■ Adapt school crisis plans to virtual learning Edmonds City Council Approved Minutes September 7, 2021 Page 3 ■ Monitor ER data for mental health crisis • Recommendations from the August 2021 Youth Suicide Reviews o Require a consistent, appropriate memorial policy for schools. Use AFSP's "After a Suicide: A Toolkit for Schools" https:Hafsp.org/after-a-suicide-a-toolkit-for-schools o Continue to offer public education about the recommendations on reporting on suicide and how we talk about suicide can have a negative or positive affect on suicide prevention. o Ensure that follow-up care and/or bereavement is offered to siblings and close circles (scouts, sports teams, etc.) of person who died by suicide. What We Know o Suicide is complex. There are almost always multiple causes, including mental illnesses and childhood trauma, that may not have been recognized or treated. Death by suicide is rarely caused by a single event, such as a recent job loss, divorce, bullying, or bad grades. o Mental disorders and/or substance abuse have been found in 90 percent of people who have died by suicide. o Suicide is a response to intense, emotional pain that results in feelings of hopelessness and of burdensomeness. o Depression, anxiety, and suicidal crises are livable and survived by most who get help. o The majority of people who survive suicide attempts report that they did not want to die, instead they did not believe there was any other way to end their pain. o Safe firearm storage saves lives. An adolescent's risk of suicide increases nearly fourfold if they live in homes with a firearm compared to those living in homes with no firearm • Why Talk About Suicide o Discussing suicide (in person or in the media) carefully and appropriately, can • Change public misperceptions ■ Correct myths ■ Reduce stigma • Encourage those who are vulnerable or at risk .to seek help. 4PREVENT future suicides • How to Help o Take and/or offer trainings like Mental Health First Aid, QPR or Talk Saves Lives o Partner with area mental health providers and crisis resources to keep the conversation about suicide in the forefront o Utilize social media platforms to accurately relay hopeful survivor stories and resources o Be the source for timely and accurate data about suicide in your community o Provide crisis line information and mental health resources to clients, community members and/or students via flyers, posters, cards, and on student IDs • Crisis Resources in Snohomish County 0 24/7 consultation with professional staff o Urgent appointments ■ 800-584-3578 R 425-258-4357 Suicide Resources o American Foundation for Suicide Prevention www.afsp.org o National Association of School Psychologists www.nasponline.org o Suicide Prevention Resource Center www.sprc.org o The Trevor Project www.thetrevorproject.org o Mental Health First Aid Edmonds City Council Approved Minutes September 7, 2021 Page 4 www.mentalhealthfirstaid.org Council President Paine said she was happy to seek the focus on students and youth, commenting they are our hope. She asked if there were ways to intervene through natural pathways through schools and other ways and whether those programs were well supported. She also asked if they were seeing any results in better resiliency via the alleviation of bullying and providing young people skills they can access later in life. Ms. Burchill answered the Children's Wellness Coalition has been a tool in making that happen, focusing on childhood trauma awareness in schools. There is also Signs of Suicide (SOS) curriculum happening in schools; about five years ago the availability of that curriculum was hit or miss and now all districts in Snohomish County have adopted it at some level. There has been positive feedback from a question on the Healthy Youth Survey about whether students have taken the class and/or used the information. With regard to younger ages, now even grade school faculty and staff are asking what to do so there is a focus on early learning intervention, coping skills, etc. Council President Paine thanked Ms. Burchill for the information and all the work she does for families and the community. Councilmember Fraley-Monillas thanked Ms. Burchill for all her work. She recognized the importance of the Healthy Youth Surveys that address everything from suicide to drug addition to domestic violence. Councilmember Distelhorst thanked Ms. Burchill for the presentation and for agreeing to support this work again this year. He recognized Councilmember L. Johnson and former Student Rep Brook Roberts for leading this work this year with the support of Mayor Nelson and City Staff. There will be a community panel on September 23" at 7 p.m. and Ms. Burchill will provide the Question, Persuade, Refer (QPR) training on September 30t' at 7 p.m. He recalled that training was eye opening last year and thanked Ms. Burchill for agreeing to it again this year. The City is using the same website, WeCare.EdmondsWa.gov, which contains information and registration links. He thanked her for agreeing to continuing this work in Edmonds as well as throughout Snohomish County. Ms. Burchill thanked Edmonds for being a leader in this area. Councilmember Buckshnis thanked Ms. Burchill, and pointed out suicides do not just happen in children. Since COVID, she has been affected by four families who have had three middle-aged men and one woman commit suicide. Suicide is an epidemic within the pandemic. She acknowledged we need to worry about suicide in our youth but also older people who think they can drink or take drugs, but they need help. She hoped the September 23rd panel will address suicide in all ages. She concluded suicide ideation is a very serious mental health issue and she was glad Edmonds was moving into the forefront of this issue. Councilmember Olson commented one of the most alarming statistics in Ms. Burchill's presentation was that only 56% of 8' graders and high school students are looking forward to the future. That's a big heads up for the entire community and for parents. She recommended assessing why that is true and working on it as a macro issue. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADD AN OLD BUSINESS AGENDA ITEM 8.1, DISCUSSION OF CITY COUNCIL MEETING FORMAT. Councilmember K. Johnson advised if approved, the remaining agenda items would need to be renumbered. Edmonds City Council Approved Minutes September 7, 2021 Page 5 Councilmember Fraley-Monillas referred to an email on My Edmonds News that was also sent to Councilmembers regarding changing a vote. Councilmember K. Johnson raised a point of order, advising this should be discussion regarding adding the item to the agenda, not the merits of it. Mayor Nelson agreed. Council President Paine requested more detail on the subject matter, commenting "Council format" was not a precise description. Councilmember Distelhorst said he had a similar question regarding whether the substance of this proposed agenda item was related to the content of email provided to Council. Councilmember Fraley-Monillas said she could not vote for something without a thorough explanation. Councilmember K. Johnson said without getting in to details, she wanted the Council to discuss the merits of Zoom versus the in-person/hybrid model. It warrants discussion at this time as circumstances are changing almost daily. Councilmember Fraley-Monillas recalled the Council discussed whether or not to meet in Zoom two weeks ago. Without a further explanation, she would not support the motion. Councilmember Distelhorst recalled the Council discussed this at the last meeting and vote to schedule it on the September 28' agenda. The data from the last time the Council discussed it has only gotten worse, not better. Councilmember K. Johnson raised a point of order, commenting it was not appropriate to discuss the merits of the proposal. Councilmember Distelhorst said he would not support the motion due to the Council's previous vote to discuss it on September 28'. Councilmember K. Johnson said according to City Attorney Tom Brubaker, the Council can discuss whatever it wants, whenever it wants. The fact that the Council made a decision two weeks ago to go to Zoom and to discuss it in three weeks 3 weeks ago, does not... Councilmember Fraley-Monillas interrupted with a point of order, commenting Councilmember K. Johnson was describing the reason for her motion, which she has called out two Councilmembers for doing. Mayor Nelson said he would allow Councilmember K. Johnson to continue explain why she wanted to add this to the agenda. Councilmember K. Johnson said the Council should have robust discussions on pertinent and hot topics. What the Council did two weeks ago or what they plan to do in three weeks does not limit the ability to discuss it tonight. She added that she had requested to add this to the agenda through the proper channels and was told to add it from the dais tonight. Council President Paine said she would not support the motion because the Council just discussed it at the last meeting. With regard to Councilmember K. Johnson's last comment, she did not say the agenda item would be added from the dais, rather than she could make a motion from the dais. Councilmember Buckshnis said she would support the motion as Councilmembers should be allowed to add agenda items from the dais if they were unable to get it on the agenda through the normal Council Edmonds City Council Approved Minutes September 7, 2021 Page 6 President means. She would like to discuss this and saw no reason not to add it to the agenda. She recalled having similar discussions every time Councilmembers try to add something to the agenda. Councilmember Fraley-Monillas said after hearing the reasoning from Councilmembers K. Johnson and Buckshnis, she will not support the motion because she did not understand what she would be voting on to allow more discussion. The Council made a decision two week ago and she stands behind that Council decision even though she was on the losing side of that vote. The Council is "dipping into some serious waters when we continue to circumvent the process by attempting to change what's done." The Council had five days to determine what was done and study it. She found this reminiscent of a letter to Ecology signed by three Councilmembers when they did not like the way the Council voted. She did not support the motion based on past and current history. Councilmember Olson said the reason this is different is because Councilmember K. Johnson was on the losing side of the vote so would have reason to think there would be a change in the outcome. Councilmember Fraley-Monillas raised a point of order, stating Councilmember K. Johnson was on the winning side of the vote. UPON ROLL CALL, AMENDMENT TIED (3-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST AND FRALEY-MONILLAS AND COUNCIL PRESIDENT PAINE VOTING NO. Councilmember K. Johnson raised a point of order, asking whether the Mayor could break the tie. Mayor Nelson advised he was allowed to break the tie, but declined to vote on whether to add an item to the Council agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY K. JOHNSON, TO PULL ITEM 8.1, FINANCIAL PRESENTATION - EDMONDS WATERFRONT CENTER, AND POSTPONE IT INDEFINITELY. Councilmember Buckshnis commented the Council President injected herself into a request for financial information from the nonprofit Senior Center. The Senior Center, dba the Waterfront Center, took out a loan with the City guaranteeing it via a CD. Council President Paine raised a point of order, asking whether this was argument. She stated everyone needed to be treated with respect and the comments crossed that barrier. She requested Councilmember Buckshnis start her comments over. Councilmember Buckshnis explained the agenda item requires the Edmonds Senior Center provide their financial statements. The City entered into an agreement with the Waterfront Center last year and spent a long time discussing the lease agreement which allows for a City representative on the board, but does not require financial disclosure. The City's finance director is on board. It is inappropriate for the City Council to review these documents until such time it is remanded back to the Finance Committee or the lease is opened to require financial presentations from the Waterfront Center or the nonprofit. She was concerned because next year a Councilmember could ask Verdant or the Food Bank to provide their financials. While the Senior Center does not object to providing the information, she did not think the Council should require sensitive information be provided. For those reasons, she proposed the agenda item be postponed indefinitely. Council President Paine explained this was put on the agenda because the City has provided collateral in the amount of $2 million and has a business relationship with the Senior Center/Waterfront Center. The Edmonds City Council Approved Minutes September 7, 2021 Page 7 Council has oversight responsibility as the collateral underwriter as well as a fiduciary responsibility doing financial oversight as the City Council for a major organization with whom the City has a business relationship. There is no difference with them providing financials tonight and the financials they provided 1'/2 years ago; this is intended as an update. The City has provided a platform for the Edmonds Senior Center/Waterfront Center to be successful and this an opportunity for them to display that. The City has a business relationship with the Edmonds Senior Center and as a party to the three -party contract, it is not unfair or "poking our nose where it doesn't belong." Councilmember Fraley-Monillas compared this to the Edmonds Center to the Arts with whom the City also has a loan. She did not necessarily want to know all the ins and outs of the Senior Center's budget but she wanted to know about their ability to move forward. She requested Councilmember Buckshnis recuse herself as a member of the Senior Center finance committee and board, finding she was too close to the issue to perhaps see the City's fiduciary responsibility in understanding what is occurring at the Senior Center. She did not want the center to provide highly confidential information but a general report to understand what is occurring with the $2 million collateral the City provided. If the Senior Center does not pay on the $2 million loan that they City provided collateral for, the City is responsible. She reiterated her request that Councilmember Buckshnis recuse herself from this conversation. Councilmember Buckshnis said there was no reason to recuse herself, this was a presentation, not a vote. The difference between the PFD and the Senior Center is the PFD documents require a quarterly presentation to the Finance Committee. Since the Council spent a lot of time on the lease agreement and the City Attorney told the Council it could include whatever it wanted, a requirement for financials should have been included then rather than requesting it from the Senior Center now. Requesting the financials and putting the presentation on the agenda before the American Rescue Plan presentation looks politically incentivized rather than having a presentation to the Finance Committee and to Council via the normal channels. Councilmember Olson said two different Councilmembers commented on things that are on her radar. The three -party contract with the Senior Center does not include a requirement for them to present their financials. The vote regarding the Senior Center making a presentation is a moot point because the materials are in the Council packet. She suggested the City Attorney weigh in on the precedent or appropriateness of asking for a presentation regarding finances when it was not a requirement in the contract, commenting she did not think it was appropriate. Although it may be reasonable to want information because the Council underwrote the loan, it was not included as a requirement in the contract. Councilmember Fraley-Monillas said the pushback made her more concerned about what was occurring. In reviewing the packet, it is a great report and should not be something Councilmembers try to prevent. Anyone with $2 million loan with the City deserves to be asked how things are going. She realized it was not in the contract but the Senior Center was obviously willing to talk about it and so she would like to see the presentation. Councilmember K. Johnson asked Mr. Brubaker to comment on whether it was appropriate for the Council to review the Senior Center/Waterfront Center's financials if it was not required by contract. Mr. Brubaker said it was entirely appropriate, it was just a check in, a report. The Council is not limited to only what is included in the contract and can always request information. Depending on the quality of the information, the Council may/may not want to inquire further. The Council can request information particularly given the $2 million loan and the ground lease. Councilmember Olson asked whether it would be the Senior Center's prerogative not to share the financials with the Council. Mr. Brubaker said he would need to look at the contract, but assumed they would have Edmonds City Council Approved Minutes September 7, 2021 Page 8 some leeway with regard to what they presented. If the Council was not satisfied with what was provided, the Council could to look into what leverage they specifically have under contract. UPON ROLL CALL, AMENDMENT FAILED (1-5) COUNCILMEMBER BUCKSHNIS VOTING YES; AND COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, AND OLSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADD AGENDA ITEM 8.3 TO DISCUSS GIVING THE PLANNING BOARD ADDITIONAL DIRECTION REGARDING THE TASKING THAT THEY ALREADY HAVE FROM COUNCIL ABOUT MULTIFAMILY DESIGN STANDARDS WITH THE INTENTION OF ADDING GREEN SPACE TO THEIR TASK. Councilmember Olson commented the Council discussed this at a previous meeting but did not give formal direction to the Planning Board. Therefore a discussion and ultimately a vote is needed to direct the Planning Board regarding how they should proceed. She anticipated the discussion and vote would not take very long. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. In accordance with RCW 42.17A.555, public comments shall not include statements which promote or oppose candidates for public office or ballot measures, except in the course of a public hearing specifically scheduled for such purposes. Linda Ferkingstad, Edmonds, said in the second largest timber export state of Washington, Edmonds City Council has illegally possessed private property owners' trees, forcing them to purchase them again from the City before being allowed to use their property for what it is zoned for, building single family homes on single family zoned property. She has begged at nearly every meeting for the City Council to rescind the illegal ordinance that authorizes the City to steal their property rights, forces them to buy the trees back to use their property for what it is zoned for. This Council is breaking the laws of the constitution to accomplish their own agenda. In February 2017, her 81-year old parents, her husband and she purchased a challenging, sloped 1.2 acre property with trees and views of Puget Sound and the mountains. Before purchasing, her husband asked Edmonds Planning Department if the property could be divided into four lots to build their homes and was told it was no problem. After the purchase, the Planning Department told them it would be difficult to subdivide because it was in a critical area. After working with surveyors, engineers, lawyers and architects for two years, they could divide the property into three lots once the small corner containing the critical area was given to a neighbor. Ms. Ferkingstad continued, with construction demands slowing engineering, COVID and complications with her mother's multiple myeloma, the engineers were to submit their application in November 2020 but found a moratorium had been placed on subdivision applications. It was placed to halt subdivisions so the City could draft a tree ordinance making it impossible for them to build without repurchasing their trees from the City before they and their roots can be removed and the homes built, a $250,000 unconstitutional governmental taking. Since then they have paid architects, engineers, and arborists to re -inventory each tree and reposition the three homes that they have not yet been allowed to build. The new 50% retention to escape the takings of their trees means their views are gone and large trees will be 10 feet from their homes. Eighty percent of the property will have to remain as open space instead of the 30% required for Edmonds properties or 5% in commercial developments. If they go below the 50% tree retention, they will be forced Edmonds City Council Approved Minutes September 7, 2021 Page 9 to pay a governmental taking of over $100,000 to the City for the worth of their trees. The Council has turned their dream to downsize and be neighbors of her parents into an expensive nightmare. Her parents are now 86 years old, not getting stronger and the Council is breaking their hearts. The Council has lowered the value of property with trees and taken property rights from future homeowners that the Council has benefitted from, all living in homes in Edmonds for which trees have been removed for them to be built. She said shame on the Council. Cindy Sjoblom, Edmonds, gave a shout out to the people outside the Council Chambers who were anxious to return to in -person Council meetings and asked that the Council reconsider the decisions to allow them to come back before the end of September. She recalled two weeks ago several Councilmembers voted to move forward with disallowing developers to ramrod through plans for 14 townhouses in the BD zone. The implications of maintaining the integrity and only allowing what was originally planned, mixed use with condominiums, is extremely important to constituents. She thanked Councilmember Buckshnis in particularly for standing up strong with the people of Edmonds, the kind of representation that citizens want and need. Some constituents reached out to her with questions and she responded by knowing what the right decision was. She expressed appreciation to Councilmember K. Johnson who listened to citizens asking for at least hybrid Council meetings and her attempt to return meetings to Chambers. Ms. Sjoblom requested the Council retain single family zoning, recognizing that the 3,300 units already allotted on Highway 99 will result in another 8,200+ people in the community, streets, and schools. The effects of that decision must be recognized before trying to push more density into neighborhoods; doing otherwise would be reckless. She referred to a comment on My Edmonds News regarding homeless and addiction by M. Hutchinson regarding his own homelessness and drug use. It is important for the City to make conditions and stipulations for people receiving services, otherwise nothing is provided to the constituents. There must be conditions for these people to get better because when someone gets something for nothing, nothing happens. Natalie Seitz, Edmonds, commented on the City's intent to regulate the maintenance of trees on private property. Beth Chatto coined the term, right plant, right place in the 1980s; this was a revolutionary concept at the time that gardeners should match the plant to the conditions they found and not the reverse. The City of Edmonds adopted a version of this concept with right tree, right place in the 2019 Urban Forest Management Plan. This concept is a foundational guiding principle of the plan and is identified as its own goal and section. The plan recognizes that right tree, right place is a shared value among residents. Tree planting requires careful consideration of views, space, climate, soil, infrastructure, and property. Native trees may not be appropriate for the urban environment and a tree once planted may no longer be the right place over time. All these values go away with the unsupported adoption of a maintenance regulation and retention requirement. Regulations forcing some property owners to find space for any tree, any place and bear the ongoing cost whenever a tree is no longer the right place for the use and enjoyment of property. Maintenance regulations also have a deleterious effect on the abatement of hazardous trees because the City arborist, whose core function is to maintain canopy cover, often obscures the rights of property owners to remove a hazard tree in order to trigger retention requirements that are common under maintenance standards. Ms. Seitz continued, maintenance regulations do not work because they disincentivize trees by subjecting property owners to oversight fees and permits for undertaking a non-commercial activity that benefits the community, create a negative relationship between property owners and the City and trees that will serve to warn people off from planting trees, especial large tree species. Maintenance regulations do not recognize the reasons property owners choose tree removal as the right action. Trees planted in haste are not maintained and therefore do not persist in the urban environment. She requested the City seek partnerships with treed property owners; it is only via a partnership, not penalties, that the private urban forest will thrive. Do not throw away the right tree, right place guiding principle of the UFMP. Use a normal planning process Edmonds City Council Approved Minutes September 7, 2021 Page 10 such as the Planning Board to undertake public engagement necessary to determine if a change in course is supported. The City should at a minimum strive to do no harm so it should not be done in secret. The City can absolutely harm the existing and regeneration of the private urban forest by undertaking further emergency actions much more so than doing nothing. Carolyn Strom, Edmonds, said she was commenting from outside City Hall where several were gathered in person to participate in local City government. She found it disturbing that the Council was not present with them as they were elected to be. She appreciated Councilmember K. Johnson's retraction of her vote to go to Zoom -only meetings and her request for a new vote to return to hybrid meetings. She was also disturbed by the closure of City Hall and the Frances Anderson Center. The Mayor stated it was for the public's safety, but no metrics were given for any of these shutdowns nor returning to hybrid meetings or reopening City Hall. She questioned what the decisions were based on as citizens have a right to know. She said we are adults who do not need their hands held on their personal decisions and have been making personal decisions for their health for decades without elected officials and do not need them to take over now. COVID will likely always be with us in some shape or form as is the flu; we cannot continue to shutdown society, but must learn to deal with it using common sense safeguards. Ms. Strom continued, tonight the Council is focusing on mental health and suicide. Shutdowns from COVID have skyrocketed depression, addiction and suicide in much of the population, not to mention the devastating effects it has had on many businesses. Returning to a shutdown mentality will continue to do more of the same. The general public and workers can take precautions on their own by making choices they feel are right for them, whether those are masks, vaccines, plexiglass, staying home or other. The role of government is not to protect health, it is to protect rights. She urged the Council to treat adults as adults and with respect. When Council goes into hiding as it has for the last 1% years, citizens do not have the chance to speak directly to them in person and Council does not have the opportunity to face their constituents. Two weeks ago everyone saw the horrid behavior of a Councilmember drinking while making decisions for the City. Unacceptable and outrageous behavior that was enabled by the Council's decision to hide away from the public. Citizens want to know how many decisions have been made under the influence; they have a right to know. In any other job, the person would have either been fired or referred to treatment; only a privileged person would be treated differently. Apologies and stories were given to the Mayor, Council and press but no apology were made to the people. She questions why that was, whether the people were at the top of the City's organizational chart or were the Mayor and Council. The Mayor and Council may think it is them but it is not, it is the citizens and we the people demand the resignation of this Councilmember. Susan Hughes, Edmonds, referred to the hate portal and the statements Mayor Nelson made at the August 3' meeting. She was shocked by his completely false statements; he went on a rampage saying citizens banded together to call Councilmembers names and a candidate running for City Council put this together. She was at that meeting; the Mayor was gaslighting, making false narratives to try and slander a Council candidate. She had never been to a Council meeting before; her research found there were a couple groups at the July 27t' meeting, Concerned Citizens of Edmonds, Alliance of Citizens of Edmonds, and the Dayton Street homeowners as well as individual citizens and a candidate running for City Council who spoke as a concerned citizens and the candidate's campaign manager who read comments from a citizens unable to stay for the meeting as it started so late. This is a far cry from what Mayor Nelson described in his false statements and he should be ashamed of himself. Ms. Hughes continued, then the Mayor accused people of drinking before the meeting; she asked if this was another false statement or were the citizens of Edmonds in restaurants prior to the meeting. She viewed this as hypocrisy, noting the Mayor allows Councilmembers to drink during Council meetings as was seen on the video of the meeting two weeks ago. She wondered how many Edmonds citizens watching this meeting were allowed to drink on the job and guessed none as they would be fired. With drinking on the Edmonds City Council Approved Minutes September 7, 2021 Page I I job, Councilmember Fraley-Monillas has called into question every 4-3 vote from the City Council during Zoom -only meetings. There is no excuse for drinking on the job. Edmonds business owners should be asked if they allow their employees to drink on the job. Is it okay for Edmonds police, attorney's, judges, to drink on the job? She questioned who in Edmonds City government was allowed to drink on the job. Citizens are watching to see how the Mayor will handle employees drinking on the job. From his previous actions, she was not hopeful he would do anything other than sweep it under the rug. Citizens need to hold their elected officials accountable for their actions. There have been numerous instances of mismanagement, virtual signaling, false statements, bullying, shaming and now drinking on the job. It is time for Edmonds citizens to unite and stop this tyranny. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) APPROVAL OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA. Council President Paine pointed out Agenda Item 7.4, Settlement of a Counterclaim, was added earlier today. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 24, 2021 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM MICHELE VANDERFORD 4. SETTLEMENT OF COUNTERCLAIM 8. NEW BUSINESS FINANCIAL PRESENTATION - EDMONDS WATERFRONT CENTER Council President Paine thanked Mr. Johnson for attending the Council meeting and for his willingness to share with the Council. Daniel Johnson, CEO, Edmonds Senior Center, said he was asked to provide an update on the financials. To put that into context, he will describe what has been happening over past 18 months. He introduced Chris Wolfe, Accounting Manager, Edmonds Senior Center, who was present to answer questions. Mr. Johnson reviewed: • Responding to Community Needs -Seniors o Social isolation -40% live alone; 17% not comfortable using technology, 25% feel lonely o Depression —among adults suffering from depression, 42% are seniors (65 or older) o Food insecurity -13% have difficulty obtaining heathy food o Declining health or disability o Lack of access to health services o Report feeling lack of purpose • History o 52 years in a building designed for boat storage Edmonds City Council Approved Minutes September 7, 2021 Page 12 o History of innovation —Featured at White House conference on aging o Replacing the building —inflection point • Photographs 1967-2019 • Rose Cantwell set it in motion • Vision o A place for people of all ages —a new model o Expand health & wellness offerings o Intergenerational programs o Flexible space to allow response to emerging needs o A new sustainable business model • Challenging Society's Stereotypes o About aging o Seeking help o Non -profits o Community response to community needs • Responding to the Pandemic o Pivoted from in person programs to (9,000) home delivered meals & online programs o Added Statewide Health Insurance Benefits Advisors (SHIBA) program o Provided regular check -in calls o Initiated Senior Tech Connect o Hosted five Vaccine Pop -ups • Edmonds Waterfront Center 2021 o Construction completed — Certificate of Occupancy January 2021 o Current program offerings o Phasing in programs • Health & Wellness Current o Enhance Wellness, PEARLs, Nutrition, footcare -Verdant o Statewide Health Insurance Benefits Advisors (SHIBA) o Memory loss support group o Walking Club o Soft Exercise ■ Health & Wellness Expanded o Monthly nutrition education classes -Verdant, Sound Dieticians, Seattle Pacific University Dietetic Interns o Footcare-Verdant o Acupuncture and massage —Bastyr Clinic o Free legal services —Snohomish County Legal Services o Food insecurity —expand Senior Lunch Program and USDA voucher program —Food Bank, o Housing advocacy —SCLS —Housing Justice Project o Mammograms —Seattle Cancer Care Alliance o Hearing Impairment —seeking partner o Dental Services —Medical Teams International o Statewide Health Insurance Benefits Advisors (SHIBA) — expand o Behavioral Health Counseling for Veterans — afterhours • Challenges & Opportunities o Testing Community Cafe model for Senior Lunch Program o Finishing Capital Campaign o Leveraging Capacity in EWC Health & Wellness Center • EWC Capital Campaign o Campaign Goal: $16,750,000 o Raised to date: $15,250,000 Edmonds City Council Approved Minutes September 7, 2021 Page 13 ■ $650K raised for green initiative ■ $250K 2021 State appropriation ■ $314K raised in the last 60 days o Loan$2M ■ Interest only $4K / month —10/21 • Principal & Interest $30,000 / month o Strategy 0 12 months of payments in the bank 00 Continue campaign until last $ is raised * EWC Financials 0 2020 • Ended year with $79K deficit ■ Completed construction of EWC ■ Delivered 9,000 senior meals & online classes (free) ■ Minimal program income, no rental revenue, limited fundraising 0 2021 * 6/30/21-$14K surplus thanks to PPP Loan, Thrift Store revenue and fundraising ■ 6-figure deficit projected for lunch program ■ Pandemic has negatively impacted rental revenue o Strategy ■ Fundraising —virtual gala, grants, year-end appeal Councilmember Buckshnis said she recently turned 65 and for those close to that age, SHIBA is a good resource. She inquired about the deficit projected for the lunch program and asked whether funds were available via grants. Mr. Johnson answered they were in the process of preparing grant requests to a couple foundations who would be likely candidates to support that program. He asked if her question was related to COVID relief funding. Councilmember Buckshnis answered yes. Mr. Johnson said that is what they were asking for support within the recent request to the City for the ARPA funding. Councilmember Buckshnis was aware they were requesting ARPA funding and asked if there were other grant sources for the lunch program. Mr. Johnson assured they will seek every opportunity. With regard to working out some of the hiccups with the senior food program, Council President Paine asked if he was referencing to the negative $103,000 in food services income. Mr. Johnson answered yes. Council President Paine said she recalled a similar situation when she was on the School Board when everyone was given free lunch and there was a $200,000 deficit. She assured it was workable to get out of. Council President Paine asked about fundraising sources and projections. Mr. Johnson said a lot of funding is coming from individuals. In the last few months the center received a $100,000 gift from a couple who have been supportive of the project from the beginning but never made a gift. They had lunch at the bistro and told him they never believed the center would pull it off. After a tour of the facility, they made a $100,000 commitment. He highlighted two other gifts, in addition to a lot of small gifts, $35,000 and a nice letter from a couple in their 80s who have been long time members who said it meant so much to them that the center would call and invite them to the center for a vaccine. They mentioned the date they received their vaccine and included a check for $35,000 and applauded the center for work. Mr. Johnson continued, the center also received a pledge in the mail for $32,000. When he called to thank the donor, she said she's lived in the area her whole life, has been a member for a long time, her husband passed a few years ago and she felt very blessed. She said she had never stood on another Puget Sound beach that felt more sacred or spiritually than the senior center site and building and she plans to continue making annual gifts as long as she lives. He summarized those were three examples of where the money is coming from. There are also a lot of people who have paid off their pledges and after touring the facility Edmonds City Council Approved Minutes September 7, 2021 Page 14 and realizing the center delivered on their promise, often contribute more. He was not at all concerned about completing the fundraising, assuring they have many lines in the fire including several grant requests. Council President Paine wanted to ensure all the operating costs were covered as well and congratulated the center for pulling a rabbit out of a hat. Although COVID has been horrible for the community, she was not surprised that the citizens of Edmonds have stepped up and followed through with their commitments. Mr. Johnson said another sign that the community embraces this effort is in January 2021 there were 1,100 members; today there are 3,000 members. Not all the members are seniors, there are also family memberships. That is one of the best harbingers for a successful future for the organization because the community has embraced it, feels ownership and will continue to support it. Councilmember Distelhorst referred to the health and wellness expanded section and housing advocacy. He asked what challenges the populations the center works with are facing and how that advocacy work is manifesting in what they are doing in the community. Mr. Johnson answered that was through their new partnership with Snohomish County Legal Services. The focus was having a discussion and workshop for those who would suffer from lifting the rent moratorium. Even in this community that has a reputation of being affluent, there are many who are not or who live alone in a home that they have lived in for many years but do not have, the nutrition they need but they have a view. He concluded a lot of people are suffering. Councilmember Fraley-Monillas said she missed being part of the senior center. She congratulated Mr. Johnson for having a plan to pay off the remaining debt. She was at the center for lunch last week and wondered if the center was receiving federal funds for the lunch program. Mr. Johnson answered they are not. In the old building they contracted with Homage and received federal subsidy for those meals. There were discussions with Homage about a similar agreement in the new building with Schubert and his team preparing the meals, but the sticking point in the end was that donated funds the center received would go back to Homage. The center felt they would be better off taking the donations for that program and putting them back into the program as well as have more control over the food offerings. It is part of what is being tested and they are learning every day. Schubert Ho and his team are great partners, very entrepreneurial and willing to shift gears and figure out how to make it work. Councilmember Fraley-Monillas asked if the center could reapply for federal funds for lunch in the future if necessary. Mr. Johnson answered yes. Councilmember Fraley-Monillas commented it is not quite seamless with regard to who is received free/reduced and who is not because everyone has tickets making it easy to see who was paying full price and who was not. She saw approximately 15 people receiving the reduced lunch which she said was nice to see. Mr. Johnson explained everyone who participates in the senior lunch program must be at least 60 years old and complete a form that asks for income information, residency, etc. but that was not a requirement. The program is intended to address food insecurity among seniors but proof of income is not required. If someone sees themselves as food insecure, that is not questioned. He can report on how many people are at or under the poverty level; there are 1,100 people registered for the senior lunch program. Councilmember Fraley-Monillas congratulated him on having a work plan to cover the loan. Councilmember Olson recalled the Council was talking earlier about youth having something to look forward to; the Waterfront Center, the mission, building and approach have been the light at the end of the tunnel that everyone was looking forward to, especially seniors. She expressed her appreciation for everyone's efforts, acknowledging Mr. Johnson's efforts have been monumental. She anticipated it was only a matter of time before all community members have a heart, soul touching moment at the community center. For her it was the canoe journey that was hosted there. She hoped people connected those special moments with the center and would consider making a charitable contribution. Edmonds City Council Approved Minutes September 7, 2021 Page 15 Recognizing that membership is relatively affordable, Councilmember Olson asked whether it would be helpful if everyone in Edmonds became a Waterfront Center member and whether that would impact the annual budget. Mr. Johnson answered the cost for a membership is $25/year for an individual, $45 for a couple, and $60 for a family. The membership is more than the revenue, it is about people feeling like they own the center and it is theirs. Everyone appreciates the things they invest in and have skin in the game. He has run other membership organizations like Boys & Girls Clubs and the idea of belonging is critical and a big part of making social connections. Absolutely they would like everyone join the Waterfront Center because the outgrowth would be support and donations. That is the reason he is so intrigued by the community caf6 model, it brings everyone together. Councilmember K. Johnson expressed her appreciation for the presentation and everyone Mr. Johnson has done. She recalled a presentation by former Executive Director Farrell Fleming in 2014 or 2016 regarding the concept for a new senior center when it was just an idea. She thanked Mr. Johnson and everyone who has made the beautiful center a reality. Mr. Johnson recognized the courageous board and very dedicated staff. Council President Paine asked if the Waterfront Center would be available as a cooling center and/or cold weather shelter. Mr. Johnson answered it has been cooling center during the two heat waves. The board has concerned serving as a cold weather shelter. It was thought they would not operate as a cold weather shelter at least during the immediate period due to working out kinks with the building and the availability of other, better suited resources, but the board is leaving that option open. 2. EDMONDS RESCUE PLAN FUND NONPROFIT ORGANIZATION GRANT AWARDS Economic Development/Community Services Director Patrick Doherty reviewed: • Edmonds Rescue Plan Fund (ERPF) o The ERPF was approved by City Council on 7/20/21 as Ordinance 4229. o There are six accounts in the ERPF, including Account D — "Edmonds Rescue Plan Fund o Nonprofit Organization Support," with an allocation of $500,000. o Small grants up to $20,000 are approvable by the Mayor, for a cumulative total of $100,000. o Larger grants of any amount over $20,000 are approvable by City Council, for a cumulative total of $400,000. • Non-profit Organization Grants o On July 30, 2021 notice of grant availability went out via press release, City's website, Facebook and direct email to network of organizations o Deadline for applications 8/20/21 o Applications required: ■ Proof of nonprofit status ■ Amount requested ■ Proposed use of requested funds. ■ Statement of need — especially describing financial hardship created by COVID, etc. ■ Other sources of funds available ■ Statement of how organization enhances economic, cultural and/or quality of life aspects in Edmonds o Sixteen applications were received: ■ One application was ineligible since the organization is not currently located in Edmonds. ■ Seven applications were for amounts of $20,000 or less which the Mayor reviewed and awarded the following grants: Organization Award/Request Cascade Symphony $19,000 / $20,000 DeMiero Jazz Festival $18,000 / $20,000 Edmonds City Council Approved Minutes September 7, 2021 Page 16 Edmonds Boys & Girls Club $18,000 / $20,000 Sculptors Workshop $8,000 / $10,000 Sno-King Youth Club $15,000 / $17,500 Steel Magic Northwest $14,000 / $15,000 West Edmonds Cooperative Preschool $8,000 / $10,000 TOTAL $100,000 o Remaining eight applications are available for City Council review and consideration, and are summarized as follows: Organization Request Art Start Northwest $50,000 Cascadia Art Museum $50,000 Edmonds Center for the Arts $50,000 Edmonds Driftwood Players $50,000 Edmonds Waterfront Center $50,000 Olympic Ballet Theatre $45,000 Phoenix Theater $27,500 Rotary Club of Edmonds $30,000 TOTAL $352,500 • Council Grant Awards o All eight applications meet eligibility criteria. o One application, Art Start NW, appears to include up to $32,000 in capital -related items associated more directly with the completion of the Graphite arts complex than with its own stated nonprofit mission. o Council has direct authority to grant up to the amounts requested by the organizations. o Any amounts left over would roll over to allow for a future call for requests (likely in January 2022) • Recommendation o Council discussion this evening o Requests for follow-up information if needed o Placement on 9/21/21 Consent or Unfinished Business Agenda for approval of grant awards Mr. Doherty explained he was not offering a recommendation for the Council grants. Because the grants were divided into an pool for the Administration to review and approve and a legislative/Council pool, he felt it was important to leave the grant amount in the Council's purview. Council President Paine referred to the staff recommendation on packet page 159, noting she did not object to the recommendation. She inquired about the process for screening applicants and what qualities resulted in an organization being declined. She was surprised and saddened that the Edmonds Food Bank was not included, acknowledging that that may be because they did not apply. Mr. Doherty said the recommendation in the packet was that the Council could approve up to the amount requested, except for Art Starts NW whose request included expenditures for capital construction rather than the non-profit mission. His recommendation regarding Art Starts NW was to remove the first two items in their request that total $32,000, leaving $18,000. Mr. Doherty explained the process for screening applicants included verifying that the organization was a nonprofit, that they were located in Edmonds, and inquiring with Arts & Culture Manager Frances Chapin regarding arts and culture related organizations about her knowledge of and experience with the organizations and how they help the community. She had great things to say about pretty much every application. Some applications may not have been composed as completely or convincingly as others but still described how they were helping the community through art and culture, helping youth through sports or arts, the preschool, and the Rotary who helps many individuals and organizations. From his perspective, Edmonds City Council Approved Minutes September 7, 2021 Page 17 they all meet the criteria and are deserving of some level of the amount requested. Whatever the Council leaves on the table could be used for another round of grants, perhaps in January 2022 which would provide an opportunity for the Food Bank or others to request funding. Councilmember Fraley-Monillas commented the Edmonds Center for the Arts (ECA) has encountered a lot of issues during the pandemic due to their shutdown and partially laying off most of their staff. Most of their staff have now returned and they are having some performances but not to the previous level. The ECA brings in millions to Edmonds from visitors who purchase food, hotel stays, etc. and she was not sure $50,000 was enough to get them even slightly up to par and cover at least some of their expenses. She asked why the amount for the ECA was $50,000. Mr. Doherty said that was the amount they requested. He was not offering a recommendation, other than possibly with regard to Art Starts, and the Council has the ability to authorize up to the full amount requested. He noted it may be problematic to go over the amount requested because other organizations may question why they did not receive more. Councilmember Fraley-Monillas said she thought the ECA had requested more. She summarized all the amounts in the list were the amounts requested. Mr. Doherty said Arts Start requested $50,000, but $32,000 appears capital related so he suggested $18,000. Councilmember Buckshnis thanked Mr. Doherty for answering her questions today. She was shocked at the low amounts and has heard on the street that people did not want to ask for more. She did not think the period of time to request a grant was long enough and she was aware that the Art Foundation, Art Festival and Food Bank did not get their applications in. She agreed with having another round of grants, but suggested allowing two months to apply. She hoped to expand funding next year and get more justification for the 42% for green infrastructure that the Council passed. She was interested in expanding funding for the A, B, C, D and E categories, particularly funds for education. Councilmember Buckshnis agreed with Councilmember Fraley-Monillas that some of the requests were too low, noting the ECA lost $2.2 million and she was willing to give them a lot more. She believed organizations' asks were very conservative. In the list that the Mayor authorized, she asked why $19,000 was approved when an organization requested $20,000 and did not understand why requests were reduced by $1,000-2,000, assuming it was to stay within the $100,000 limit. Mr. Doherty answered there were 7 eligible organizations in the Mayor's pool of grants for $20,000 or less, there was some overage even after the ineligible organization was removed. Mayor Nelson was interested in providing grants to all the organizations in that pool. Some made slightly stronger cases in their applications and shaving $1,000- 2,000 from $20,000 requests was a minor reduction. All the awardees were contacted and were thrilled to receive funds. Having been a grantor and a grantee during his career, he is aware that organizations do not expect 100% of what they request so receiving 90% was pretty good. Councilmember Buckshnis observed the organizations can reapply during a second round. Mr. Doherty agreed anyone could reapply unless the Council decides to make them ineligible. There would also be an opportunity for organizations who did not apply previously and possibly those would receive a higher priority than repeat applicants. Councilmember Buckshnis commented these are ARPA funds which are intended to assist the community with recovering from the recession caused by the pandemic. She expressed her support for the amounts as requested. Councilmember Olson wanted to ensure there were funds left for some of the obvious organizations who did not submit applications during this opportunity for whatever reason, the most obvious to her being the Chamber of Commerce. The Chamber has had continual COVID-related impacts and she wanted to ensure the City was looking after them because they look after the community in so many ways. Therefore, she did not want to grant the full $400,000 unless more money was apportioned from other funds. If grants for the full $400,000 were approved, there would not be an opportunity for those other organizations to apply Edmonds City Council Approved Minutes September 7, 2021 Page 18 during a future round. She referred to the guidance the Council gave regarding grants up to the Mayor's contracting authority for a total $100,000 with grants up to $20,000, explaining she never anticipated there would be an effort to stay within that contracting authority by reducing grant amounts. She wanted to ensure that same thing did not happen in a future round; she preferred the requests had been forwarded to Council so the right amounts could have been awarded. Councilmember Distelhorst thanked Mr. Doherty for his work and problem solving to ensure requests from eligible organizations were filled. Councilmember Fraley-Monillas said she was okay with what Mr. Doherty and Mayor Nelson did with the seven smaller nonprofits. If the expectation had been for the Council to divvy up the money, she did not anticipate that would have been very successful. With regard to the Chamber, she serves on the board and they are doing okay after the Taste and the car show. They did not submit a request and she did not plan to recommend waiving their rent because there seems to be some momentum. She assured if Chamber Executive Director Greg Urban needed the funds, he would have applied. She noted the Chamber is also eligible for a PPP loan. Councilmember K. Johnson asked if the $500,000 was just for 2021. Mr. Doherty explained the ordinance the Council passed in July apportioned $500,000 to this purpose for the life of the ordinance; it does not say what year. Some of the other allocations had certain per year amounts, but this just had total of $500,000. That was why he suggested considering another round using whatever funds were left over, approximately $50,000-$100,000 in January 2022. Councilmember K. Johnson estimated the leftover amount at $79,500. As some have said that not all the eligible organizations applied, she suggested not awarding the entire $400,000 in 2021 and instead give each applicant $30,000, a total of $240,000, leaving at least $112,000 plus the $79,000, a total of about $200,000 for 2022. She realized there was not enough money to meet everyone's needs, but was hesitant to spend it all this year when there is so much need and instead preferred to parcel it out over two years. Mr. Doherty commented it was not typical that organizations receive the fully amount requested. Councilmember K. Johnson did not support having this on the Consent Agenda as it needed further discussion. Council President Paine said she did not have any objection to how the funds were divvied up. In her view, it made more sense to push the money to the nonprofits this year because they may have other opportunities next year via other funding sources and providing the funds now will really help a lot of nonprofits in the area. All of these are performing arts except for two and the Rotary does a lot of public work. The grants will help rebuild the seed stock for the Edmonds greater community because everyone likes to come to Edmonds for the arts and other things. She supported the requests as presented and having approval on the Consent Agenda to ensure the funds were distributed quickly. With regard to the Chamber, Councilmember Olson said when she did not see them on the list, she reached out and learned they understood they were ineligible. With regard to the Food Bank, she said nonprofits were given guidance in the media release and during Council discussions that it was based on a nonprofit's need to continue operations and stay on their feet. The community has supported the Food Bank well and because of that great support, they may not have the need. With regard to Art Starts NW, Councilmember Olson observed they were asking for typical operational expansion as they expand from donations to schools to their planned future with more facets. She wanted to ensure the proposed award was within the guidelines of the funding source. She had hoped to get more information from that organization, having solicited more information through staff, but had not heard anything. She suggested waiting to approve the amounts until that information was available. Mr. Doherty Edmonds City Council Approved Minutes September 7, 2021 Page 19 said he had received responses from Cascadia Art Museum and Arts Start; he offered to provide it now or send it to Councilmembers. Councilmember Olson suggested he email it to Councilmembers. Councilmember Olson preferred to have this as an Unfinished Business item instead of on the Consent Agenda so Councilmembers would have an opportunity to amend a grant request without removing the item from Consent. Councilmember Buckshnis agreed with Council President Paine about getting funds out the door quickly. She suggested the Council analyze all the categories next year, commenting it was obvious this was an underfunded category. She agreed with Mr. Doherty that the use of some of the fund requested by Art Starts were construction related. She referred to Mr. Doherty's indication that a request of $18,000 was more appropriate, explaining she calculated $30,000. Mr. Doherty explained their request includes 5 areas, the first is $20,000 related to finishing construction and the second is $12,000 for tools related to the workplace, finishings and furnishings for the building. If those 2 were view as less comporting with the guidelines and the $32,000 was deleted, it left $18,000 of their $50,000 request. The remaining items are for educational enhancement, administration expenses and community outreach. Councilmember Buckshnis concurred with Mr. Doherty regarding Arts Start. Councilmember Fraley-Monillas agreed with Councilmember Buckshnis and Council President Paine about getting the funds out the door now, and taking whatever is left over and looking at places like the Food Bank and others that did not apply. Most of the organizations are in the arts which is what brings people and tax dollars to Edmonds. She felt it would be a gigantic mistake to micromanaging by reducing requests by $1,000. She would agree with having it on the agenda under Unfinished Business if she could be assured it would be moved forward at that meeting and not put on a future Consent Agenda. She concluded many of these organizations seriously need the money. Councilmember Olson agreed with getting the money out quickly, but there said there is still some information coming in. As it often takes more time to remove something from the Consent Agenda, she preferred to have it on the agenda under Unfinished Business. She understood the urgency and will not ask it be placed on a future Consent Agenda. It was the consensus of Council to schedule this as Unfinished Business on the September 215Y agenda. Mr. Doherty will send Council the additional information he received. 3. DISCUSS GIVING PLANNING BOARD ADDITIONAL DIRECTION REGARDING TASKING ALREADY HAVE FROM CITY COUNCIL ABOUT MULTIFAMILY DESIGN STANDARDS WITH THE INTENTION OF ADDING GREEN SPACE TO THEIR TASK Councilmember Olson said she wanted to ask the Planning Board to include consideration of green space along with the multifamily design standards that the Council has already tasked them with as one of the Housing Commission recommendations. It came up during the conversation regarding Unit Lot Subdivision and a lot of Councilmembers were interested in exploring whether more green space could be required in multifamily complexes in the future. Council President Paine said she had an opportunity to talk with Acting Development Services Director Chave earlier today but he was not available at tonight's meeting. The intent would be to have both the Planning Board and the Architectural Design Board (ADB) consider green space requirements; there are already landscape requirements for multifamily design. She summarized the majority of Council was interested in having the Planning Board and ADB consider this. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO INCLUDE GREEN SPACE IN THE COUNCIL RECOMMENDATION FOR THE PLANNING Edmonds City Council Approved Minutes September 7, 2021 Page 20 BOARD AND THE ARCHITECTURAL DESIGN BOARD WHEN THIS BODY OF WORK COMES TO THOSE BOARDS. Councilmember Distelhorst asked if the intent was to have both the Planning Board and ADB study the inclusion of green space. He pointed out green space drives up construction costs and drives down the number of units, things the City needs to be sensitive to when considering this as increased regulations that prevent construction of housing only further exacerbate the problem. He was in favor of studying it but not mandating a requirement before the boards had an opportunity to consider what would and would not work. Councilmember Olson anticipated that was what their discussions and ultimate recommendations would be based on, a balancing act between the environment and housing costs. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL COMMENTS Council President Paine reminded there is an opening for a Council student representative and she encouraged students to apply. She expressed a huge thank you to City staff across the board. COVID has been a burden for all and she recognized during tonight's discussion about suicide prevention for youth and people of all ages that people are affected in different ways. She thanked staff for keeping the work coming through whether in office, at home or outside. She recognized Park and Public Works staffs do not have the option to work from home or in a protected environment. This is a long haul and she appreciated them all. She was reminded by a staff member that the 1918 pandemic lasted three years. Perhaps not the best news, but this is a squirrelly virus that keeps changing. She recognized that patience is a strength and she wanted staff to hang in there and continue doing the best they can. Councilmember Buckshnis commented suicide is real and it impacts a lot of people. She encouraged anyone who felt depressed to seek help, talk to a friend, etc. Depression is a chemical imbalance and if a person reaches a certain point, they can snap. Councilmember Olson commented tonight had been a productive meeting. She encouraged the public to volunteer for the last marsh restoration work party of the year on September 11' from 10 a.m. to 12 p.m.; it is dirty, hard work and waders are encouraged. She advised town halls will be announced soon to gather citizen input on the budget and spending priorities so the Council and the Administration is aware of the priorities before the 2022 budget is finalized. She encouraged residents to attend the town hall that is most convenient for them. Councilmember K. Johnson observed Council committee meetings will be held next week and respectfully requested that the municipal court reorganization be remanded back to the Public Safety, Planning and Parks Committee for continued discussion as requested in July. Councilmember Distelhorst echoed Council President Paine's comments about City staff. Ensuring City staff are safe and healthy and not sick and quarantining ensures they are available to deliver essential services to residents. If staff are not well, residents will not be well because they will not receive the services they need. Tomorrow is the first day of school for the Edmonds School District. As a parent with a child in the Edmonds School District who lost 18 months of school, he was very excited to have kids back in school and his child was looking forward to being back in school, but it is a matter of public health and safety and ensuring areas of potential spread are reduced. He was thankful to educators, administration, coaches, and support staff for working to keep themselves and children healthy and safe and learning in the best possible environment. He wished everyone a good year moving forward. Edmonds City Council Approved Minutes September 7, 2021 Page 21 Councilmember Distelhorst referred to today's message from the Health District, Snohomish County is now at the highest rate of infection in the entire pandemic. He appreciated public comment about adults being able to make choices for themselves, but many people in the community are not making good choices for themselves and are still unvaccinated. People need to get vaccinated, wear masks and reduce their risk factors as much as possible to ensure schools, businesses and essential functions can continue to operate. He hoped people would make smart and responsible decisions that will start driving the rate down. He thanked Mayor Nelson and Councilmembers for supporting suicide prevention efforts as it impacts residents of all ages in the community. To Carolyn Strom and Susan Hughes, Councilmember Fraley-Monillas said she was not drunk two weeks ago. She mistakenly grabbed a glass of wine from dinner and drank some of it. Unfortunately she seems to think she is irreplaceable on the Council. She rarely takes vacations or goes any place. For example, she had lung cancer in her first year on the Council and had most of her right lung removed followed by five months of chemotherapy during which she missed three meetings. She would have chemotherapy on Wednesdays so it did not interfere with Council meetings. She acknowledged she probably should not have done that and probably should have taken time off. A lot of people respond to illness in different ways; she was in extreme pain as she was ten years ago when she had lung cancer, but she chose to serve the citizens of Edmonds. She suggested anyone who wanted to criticize her and her illnesses to call her, she was more than happy to explain. Not much keeps her down when it comes to serving on the Council, anything from cancer to a face infection that infected her sinus and her eye. The hate speech from Ms. Hughes and Ms. Strom was inappropriate and not relevant to her and her service to the City. 110. MAYOR'S COMMENTS Mayor Nelson relayed he would have liked to have keep City buildings open to the public, however, case counts continue to climb, 464/100,000, which is the highest yet. Due to people's personal choices, 95% of ICU beds are full with COVID patients and only 56% of Snohomish County residents are fully vaccinated which is not enough to defeat a pandemic. Over 200,000 in Snohomish County are eligible but choose for whatever reason not to get vaccinated. Because hospitals are filling up, emergency help, surgery and beds are not available because of COVID patients, the majority of whom are unvaccinated. To keep everyone as safe as possible, steps such as closing City Hall to the public are necessary. When numbers decline and people are healthier, safer and more are vaccinated, he will happily reverse all the closures. He does not like Zoom any more than anyone else and is anxious to get back in person. The virus keeps mutating because it continues to find unvaccinated hosts. As soon as everyone is vaccinated, there will be no more mutations and no more virus. He urged everyone to please get vaccinated so we can go back to our regular, normal lives. There are 125,000 people in Snohomish County, children under age 12, who are not eligible to be vaccinated but have the potential to be exposed to COVID. He urged anyone who was eligible to get vaccinated. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:51 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes September 7, 2021 Page 22 Councilmember Distelhorst referred to today's message from the Health District, Snohomish County is now at the highest rate of infection in the entire pandemic. He appreciated public comment about adults being able to make choices for themselves, but many people in the community are not making good choices for themselves and are still unvaccinated. People need to get vaccinated, wear masks and reduce their risk factors as much as possible to ensure schools, businesses and essential functions can continue to operate. He hoped people would make smart and responsible decisions that will start driving the rate down. He thanked Mayor Nelson and Councilmembers for supporting suicide prevention efforts as it impacts residents of all ages in the community. To Carolyn Strom and Susan Hughes, Councilmember Fraley-Monillas said she was not drunk two weeks ago. She mistakenly grabbed a glass of wine from dinner and drank some of it. Unfortunately she seems to think she is irreplaceable on the Council. She rarely takes vacations or goes any place. For example, she had lung cancer in her first year on the Council and had most of her right lung removed followed by five months of chemotherapy during which she missed three meetings. She would have chemotherapy on Wednesdays so it did not interfere with Council meetings. She acknowledged she probably should not have done that and probably should have taken time off. A lot of people respond to illness in different ways; she was in extreme pain as she was ten years ago when she had lung cancer, but she chose to serve the citizens of Edmonds. She suggested anyone who wanted to criticize her and her illnesses to call her, she was more than happy to explain. Not much keeps her down when it comes to serving on the Council, anything from cancer to a face infection that infected her sinus and her eye. The hate speech from Ms. Hughes and Ms. Strom was inappropriate and not relevant to her and her service to the City. 110. MAYOR'S COMMENTS Mayor Nelson relayed he would have liked to have keep City buildings open to the public, however, case counts continue to climb, 464/100,000, which is the highest yet. Due to people's personal choices, 95% of ICU beds are full with COVID patients and only 56% of Snohomish County residents are fully vaccinated which is not enough to defeat a pandemic. Over 200,000 in Snohomish County are eligible but choose for whatever reason not to get vaccinated. Because hospitals are filling up, emergency help, surgery and beds are not available because of COVID patients, the majority of whom are unvaccinated. To keep everyone as safe as possible, steps such as closing City Hall to the public are necessary. When numbers decline and people are healthier, safer and more are vaccinated, he will happily reverse all the closures. He does not like Zoom any more than anyone else and is anxious to get back in person. The virus keeps mutating because it continues to find unvaccinated hosts. As soon as everyone is vaccinated, there will be no more mutations and no more virus. He urged everyone to please get vaccinated so we can go back to our regular, normal lives. There are 125,000 people in Snohomish County, children under age 12, who are not eligible to be vaccinated but have the potential to be exposed to COVID. He urged anyone who was eligible to get vaccinated. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:51 p.m. MIC L NELSON, MAYOR PASSEY, CITY CLERK Edmonds City Council Approved Minutes September 7, 2021 Page 22 Public Comment for 9/7/21 Council Meeting: From: Ken Reidy Sent: Tuesday, September 7, 2021 6:56 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; sharonrice@hearing-examiner.com Subject: Public Comments for the September 7, 2021 City Council Meeting Please ask yourself the following question as it relates to any easement area the City of Edmonds has never used and has no plans to ever use: Why would the owner of 100% of the underlying feetitle to that property EVER be denied an application for an Encroachment Permit? On page 14 of 16 of former Hearing Examiner Sharon Rice's Findings, Conclusions, and Order signed on February 19, 2010 (even though she declared the Order was mailed on February 18, 2010!), Ms. Rice stated the following: Had the Applicant applied for an encroachment permit, it would have been denied. Why did Ms. Rice say such a thing? Why did she speculate that an application for an Encroachment Permit would have been denied? Why did she incorporate her speculation into her Findings, Conclusions, and Order? Please look again at the attached document: November 17, 2009 Ann and Jeanie Meeting At the bottom of the notes, it clearly says: (3) Building permit for alteration of shed and to permit lean-to. *encroachment to be issued in conjunction with bldg permit. >clearly state encroachment permit VOID once easement is VOID Up above on the right-hand side of the notes, one can clearly see: >Reidy to submit (#3) at same time Please appreciate: Ann and Jeanie clearly knew that the Reidys could be issued an Encroachment Permit! Edmonds City Council Approved Minutes September 7, 2021 Page 23 So again - Why slid an Edmonds Hearing Examiner speculate that an application for an Encroachment Permit would have been denied? Reidy was the owner of 100% of the underlying fee title to the property! Why did she incorporate her speculation into her Findings, Conclusions, and Order? This is yet another reason the Hearing Examiner System does not work in Edmonds. A system that allows for Hearing Examiner speculation while staff who know better sit by quietly - must be terminated. Please do so before other citizens are harmed! Please end use of the Hearing Examiner System in Edmonds at once. Another reason the Hearing Examiner System does not work for citizens of Edmonds is because history shows City Staff do not bring all Relevant Code Sections to the attention of the Hearing Examiner. Please look again at the attached document: November 17, 2009 Ann and Jeanie Meeting The notes clearly state: "Setbacks will be grandfathered by Planning if, at minimum, a letter from neighbor states it was there prior to 1981." Hearinx Examiner Sharon Rice was provided evidence during my hearing that my buildin had been seen as far back as 1968. What more should any citizen have to do? I followed the procedure — paid the appeal fee provided the law and the evidence. Again, please end use of the Hearing Examiner System. 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