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cmd092121EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES September 21, 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 Laura Johnson, Councilmember CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Rob English, City Engineer Zack Richardson, Stormwater Engineer Ryan Hague, Capital Project Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Paine 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, participating remotely. 4. PRESENTATION 1. SNOHOMISH HEALTH DISTRICT UPDATE Katie Curtis, Director of Prevention Services Division, Snohomish Health District, reviewed: Community Data and Trends o Strategic Goal: Reduce the rate of communicable diseases and other notifiable conditions ■ Countywide trends for 2021 vs 2020 - Chlamydia - Gonorrhea Edmonds City Council Approved Minutes September 21, 2021 Page 1 New septic applications 999 805 400 As-builts/final inspections 516 o Strategic Goal: Improve material, child and family health outcomes ■ Outreach & Education - 2021 YTD - 612 Child Care Consultations - 1,341 STARS Courses Completed (*thru June 30, 2021) • Catch-up on childhood vaccines • ACES/Resilience webinars • ABCs of Safe Sleep o Strategic Goal: Provide legally required vital records ■ Countywide Trends for 2021 s. 2020 - 2020 2021 YTD* Birth Certificates 14,170 7,138 Deaths Certificates 28,477 1 14,590 *thru June 30, 2021 ✓ Move to VitalChek ✓ New kiosks coming soon ✓ Washington became closed record state as of Jan 1, 2021 o Strategic Goal: Address ongoing, critical public health issues ■ Current Trends Snohomish County COVID-19 Case Rates per 100,000 for 2-week Rolling Periods 500 450 4fi2 Z3 431 Q6 400 J107 b! 380 0 350 0 300 u 250 233 700 190 - < _ 193 V]50 ..7 :•:• 152 153 100 y. 105.�-- 3p �111 114 50 eg 0 R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R RR R R 9 9 nr K 9 r K r R n g A n A^n r 999 R R 9 r 9 Anti 99 R 9r^. a;k �@@R�R�aR�m@a��am@�o�a�a��ara�rara� o era�ee^��e�R�ec eec��e- ^ac�^e3>S� S S SS oecee �eac�e��c;e�c�ec 'fSlS2SiS7574i4gg S o��Eg€3ffi&&��5 ,� oo86 Sk `oG�riffi5ggg�o ^ffi��Effiffi o 0000000�oo "e�'�e0000`�;�mm�me 5 F4Fa >0000000Z0'P,Z 000�000000wm�mm� �000006 S00000aa�s� o000000000S ■ Cases and Vaccines by Zip Code - Map of Snohomish County COVID-19 Case rates by zip code July 18-31, 2021 - Map of Snohomish County Vaccinations as of July 25, 2021 o COVID-19 Looking Ahead ■ Focused on preserving hospital capacity K Preparing for possibility of booster doses ■ Concerned about cases as temperatures drop and people move indoors o Strategic Goal: Build a more sustainable organization ■ Current Budaet Outlook 2021 Adopted Budget 2021 Amended Bud et Change Revenue $15,982,3 87 $32,867,186 16,884,799 Expenditures $15,982,387 $25,080,315 $7,786,871 $0 $7,786,871 $7,786,781* *It is expected that this surplus will be reserved for COVID-19 activities extending into 2022 and 2023 ■ Still in flux - COVID funding - FPHS funding Edmonds City Council Approved Minutes September 21, 2021 Page 3 the foundation is a non-profit and hopefully will become a 501(c)(3), it will be able to apply for grants that the District is not eligible for as a governmental organization, grants that will help some of the projects the District and community would like to work on. Council President Paine wished the District good luck, and asked that they keep the City posted as the District is a huge part of community. She thanked Ms. Curtis for all the District's work. Councilmember Buckshnis expressed interest in the Sound Foundation for Public Health, and asked if it was only for Snohomish County or would it be similar to Puget Sound Partnership that involved other groups. Ms. Curtis answered it was only for Snohomish County. Councilmember Buckshnis asked if the foundation would be seeking philanthropic dollars for programs. Ms. Curtis answered yes. Councilmember Buckshnis asked if the intent was to approach large donors or had a mission statement not been developed yet. Ms. Curtis expected that the foundation would look at all avenues of funding that may be available. Councilmember Buckshnis looked forward to their business plan and mission statement, noting Puget Sound Partnership is also looking into forming a foundation to obtain philanthropic dollars from the private sector. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. He reminded there is a public hearing on the Stormwater Management Plan on the agenda; this agenda item is for comments not related to the public hearing. Linda Ferkingstad, Edmonds, commented in 10 days Governor Inslee is imposing a ban on plastic bags, straws, and coffee stirrers in Washington State. This will require cutting more trees for paper bags, and straws and wood stirrers among other things. Ironically this Council has voted in a tree ordinance to save trees in Washington State, a state that is the second largest timber exporter in the United States. Everyone who lives or works in Edmonds had reaped the benefits of property division, tree removal and building without facing a 100% tree tax. The tree ordinance requires Edmonds land owners and soon homeowners to pay for an arborist assessment and pay a fee equal to the worth of their trees from $3,300 to $12,000 for each tree prior to removal. There is no equity or equality in the Edmonds tree code. Trees belong to the owners of the property they are growing on, not the City. This ordinance allows the City to possess all Edmonds trees of 24" DBH and property owners are required to buy them back from the City, purchasing them twice before they're allowed to trim or remove their trees. This is an obvious unconstitutional taking of private property which was advised against by the Washington State Attorney General in #5 on today's agenda packet page 213 regarding the Capital Facilities Plan. Ms. Ferkingstad continued, the Council is breaking the law to accomplish an agenda they feel is more important than constitutional rights. It punishes those working to fulfill the single family housing needs of the community and greatly raises the cost of building new homes in Edmonds. Councilmembers swore to uphold the constitution when installed into office. Their move to punish property and homeowners who need to remove a tree, especially while adhering to the strict guidelines of Edmonds as noted in the 183 pages of the stormwater rules, defies the sworn oath, and violates the U.S. Constitution, the Washington Growth Management Act, and Edmonds own Comprehensive Plan. The Council voted to place undue hardship on Edmonds land and homeowners. The City has delayed her family's building plans by years and increased their building costs by more than $100,000, violating the GMA. Mayor Nelson and each Councilmember live in homes for which trees were removed for the homes to be built and provide views Edmonds City Council Approved Minutes September 21, 2021 Page 5 Ms. Hughes questioned who in City government was allowed to drink on the job, remarking that evidentially Mayor Nelson felt everyone was. She questioned why the Council was not upholding the Code of Conduct which states, personal, insulting or intimidating language, body language and actions are not allowed and no signs of prejudice or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. City Council adopted a Code of Conduct they don't follow. She only recently began paying attention to City government after living in Edmonds for 40 years and was appalled. She found it frightening that the Mayor and a Councilmember are attacking concerned citizens, an attitude of they can do no wrong and are above reproach which does not serve the citizens they have taken an oath to represent. It is time to raise the level of professionalism in City government. It is an honor to be elected to the City Council and on November 2, the voters need to elect people that respect that position. Natalie Seitz, Edmonds, commented on trees and equity as these subjects touch several of tonight's agenda items. Tonight the City is conducting a hearing on the stormwater code. Given the process by which draft code amendments are reviewed by Ecology, it is too late to make major adjustments at this point. This is one code where the City can make real progress that favors retention and planting of trees. Trees are already recognized as low impact development best management practice 5.16 in the Western Washington Stormwater Manual. This City could take further steps to prioritize the use of this BMP in its code and seek to require drainage easements for trees as a stormwater BMP. Drainage easements can provide a long term durable space for trees in the urban environment and come with a built in enforcement mechanism through the Clean Water Act. It would be significantly easier to enforce than a tree maintenance regulation. She referenced the City of Philadelphia as an example of trees used as drainage infrastructure and she hoped the City would include the necessary preliminary planning work to have it be a component of the City's code when the next municipal permit update and corresponding code revision happen in five years. Ms. Seitz referred to equity, $1.6 million for park construction and another $4.4 million for facilities maintenance, likely including renovation of Frances Anderson Center for the benefit of downtown. She will continue to be critical of the selection and planning process that went into Civic Center; the 2016 PROS Plan that both identified that the downtown was well resourced in comparison to the rest of the City, and deciding that this $15 million investment in Civic Center was the right action. A neighborhood park with no parking for the greater Edmonds community and the 2016 PROS Plan process where the vast majority of public events were held downtown, similar to the master plan for Civic Center. These were selective rather than robust planning processes; is it any wonder that this was the outcome? While the Taste and hanging flower baskets boost downtown businesses, where is the investment in the International District and SR-99 commercial corridor that drive commercial sales taxes for the City? Why hasn't the City helped create spaces near the International District so events can be held there? Why isn't the Interurban Trail, a recognized recreational bicycle resource with no dedicated lane from the intersection of SR-104, identified in the Citywide Bicycle Improvement project? How many of the grants from the Edmonds Rescue Plan went to businesses and non-profit organizations outside the Bowl — not many and not enough. The City has spoken of Civic Center as a generational, legacy investment. While many of the above funding decisions were not initiated by this Council and she understood it was hard to change course, the current Council is responsible for the decisions it makes today in the biased planning processes and inequitable investments. Civic Center will be remembered as a generational legacy, perhaps not the one intended. She thanked the Council for their consideration and for their service. Carolyn Strong, Edmonds, speaking from outside City Hall along with other constituents, requested the Council return to in -person meetings on September 28 h. Citizens have the right to partake in meetings and being shut out from speaking with elected officials is unacceptable. As adults, they can choose to be present or take part on Zoom; their health choices are their own choice. The fact that Councilmember Distelhorst ridiculed adults who may or may not have been vaccinated was out of line and not pertinent to Edmonds City Council Approved Minutes September 21, 2021 Page 7 hostile and result in bad outcomes. He has had friends hit in the intersection. He urged the City to install bike lanes that are nice and clear and will ultimately make it safer which he, as a motorist and a cyclist, would appreciate. Michelle Dotsch, Edmonds, referred to the bicycle lane configuration and pedestrian safety discussion later on the agenda, explaining she has driven this route to work for over 20 years and is extremely concerned about Westgate and a potential loss of the dual through vehicle lanes in each direction that allow vehicles to easily get through the area to reach a further destination as well as accommodate vehicles turning in/out of businesses in this tight commercial access for cars. It must be one of the most heavily traveled intersections with tight business corridors outside of Highway 99 and even crosses a state highway. The packet includes yet another attempt to remove a vehicle travel lane from each direction on 1001 through the Westgate corridor. In listening to the public at previous meetings, hundreds of emails from residents who live nearby and travel these routes, there was no clamor by almost anyone to remove drive lanes at Westgate in exchange for dedicated bike lanes. If anything, the overwhelming majority expressed the same concern of losing vehicle lanes at Westgate. Vehicle trips are now closer to pre- COVID numbers with schools back in person. The few bicyclist who travel through the intersection could be directed toward the middle of the intersection with cars turning every which way, making it unsafe for everyone especially a bicyclist competing for even tighter lane spaces with cars. Having bicyclists take a single minute to dismount and walk their bicycles across a very well -marked crosswalk along with pedestrians would be the best and safest option. Dr. Dotsch She recommended keeping the original plan of bicycles using the sidewalk and crosswalk and not removing two of the four vehicle lanes north and south through Westgate. Even Mr. Williams agreed this was the best option at the last presentation and she questioned why it was being revisited this again. With regard to the proposed bulb -outs, she recommended use of flashing beacons and crosswalks as the bulb -outs, as people on Dayton discovered, are the reason the ridiculous ghost island had to be installed at 8' and Dayton. The consequence of a 2t/2 time sized corner side walk pushes buses, trucks, cars and even bicycles into the center of the road, making the old wide turning radius with a more effective small roundabout in the intersection no longer possible. Driving on 84th from 220th to Five Corners illustrates more problems from bulb -outs. There have been orange cones for two years on the 84th Avenue bulb -out because it is literally in the road, no one can see it or expects to see it there. It is redundant and creates other unintended consequences. She urged the City to take out the proposed 2'/z time sized sidewalks and put the extra cement to better use for normal sidewalks in Edmonds that citizens want for safety or use the extra money for the intersection that previous commenter spoke about. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT PAINE, MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 7, 2021 2. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 7, 2021 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ROBERT HOLT 5. JULY 2021 MONTHLY FINANCIAL REPORT Edmonds City Council Approved Minutes September 21, 2021 Page 9 ■ Direction from Ecology (Orange) = Ecology prescribed/required ■ Direction from Staff (White) = City -proposed clarification, reorganization, or update without substantial change/impact ■ Direction from Staff (Green) = Staff -proposed change with potential impacts o Department of Commerce and SEPA approval required prior to formal Council adoption. • Change # 1: New connections of existing hard surfaces o Old: Current code allows for connection of existing hard surfaces on case -by -case basis with a focus on maintaining City pipe capacity. o New: Staff propose revisions to require new connections of existing hard surfaces to be treated like new hard surfaces requiring full drainage mitigation. ■ This is specific to new connections; where residents have an existing connection, they are permitted to replace the connection in -kind without any mitigation requirements. o Rationale: These new connections of existing surfaces are still new or altered impacts to the City system and any surfaces water they drain to; they should be mitigated for as new impacts. o Potential Impacts: Affects a very small number of applicants. For the handful that would be impacted, this could potentially be the most -costly change proposed this year. Full drainage design and BMP implementation for these size projects can cost between $6,000 to $20,000. However, the impacts of allowing every pre -drainage code residence or business to connect to our system could result in a continuation of the negative impacts from historic unmitigated development and detrimental to our ability to manage the capacity of our systems. • Change #2: Removing Edmonds Way as a direct discharge basin o Old: Current code recognizes the Edmonds Way drainage basin as a partial direct discharge basin with reduced requirements for LID (MR #5) and flow control (MR 47) o New: Staff proposes revisions to remove all exemptions for the Edmonds Way basin, resulting in equal application of all drainage code requirements to the Edmonds Way basin. o Rationale: The Edmonds Way drainage pipe (WSDOT) is known to overflow to the Edmonds Marsh under certain conditions; since this demonstrates a capacity issue and now discharges to a non -manmade water body, the direct discharge exemption should no longer apply. o Potential Impacts: This change removes a discount which previously existed in one specific basin within Edmonds and brings projects within Edmonds Way to be equal in cost to other projects through in the City. The additional cost is generally limited to increases in volume for already proposed BMPs, as compared to the full cost of drainage design and BMP implementation. Larger projects which trigger full flow control (MR 47) will have the most significant cost increases. Small SFR projects can expect between $500 and $2000 cost increase, but larger (15,000 SF) commercial/multifamily projects could see increases of $20,000 to $50,000. • Change #3: Increasing protection of Perrinville Creek o Old: Current code applies the drainage code uniformly to all areas of City, including the Perrinville Creek Basin. o New: Staff propose revisions to increase the retrofit requirement for LID and increase the flow control standard within the Perrinville Creek basin (only). ■ Retrofit (applies to existing unmitigated surfaces to remain): 25% => 50% ■ Flow control: Match 50-year peak => Match 100-year peak (ie. King County Level 3 Standard) o Rationale: The Perrinville has been greatly affected by past development and needs enhanced protections. The change in flow control standard is typical for impacted water ways and the retrofit requirement attempts to rectify some of the past abuses on the creek.. o Potential Impacts: Both changes result in additional cost that is generally limited to increases in volume for already proposed BMPs, as compared to the full cost of drainage design and BMP implementation. The flow control component will only impact larger projects with Edmonds City Council Approved Minutes September 21, 2021 Page 11 require them to implement changes in their code. For Edmonds, there are two changes, it will take a slightly bigger chunk of the existing impervious surface, that is the idea behind the retrofit change, it will mitigate for conditions that are already impacting the creek. The second changes relates primarily redevelopment and new development, and requires matching the 100 year peak so in theory there is no flow change to the creek from those projects. Typical flow control tops out at the 50 year peak so in theory under the current code, there could be a storm where the 100 year peak is exceeded at the end of the development requirement which will hopefully get the upper the high flows under control. Councilmember K. Johnson relayed her understanding that 100 year peaks occur more frequently than in the past. She asked if a stricter requirement would be preferred. Mr. Richardson was uncertain how the City could go above a 100 year storm because the state modeling tops out at a 100 year storm so a hydrology update from state would be required. He anticipated that would eventually that catch up, but it was not there yet. Councilmember L. Johnson said she shared the concerns about Perrinville Creek. She will concentrate on three items that caught her attention and concerned her. First, with regard to the term hard surfaces versus permeable surfaces. The terms were used interchangeably during the presentation and she was concerned with widespread confusion, misunderstanding or possible misuse of the terms. Hard surfaces conjures up certain ideas versus pervious surfaces which many understand. She suggested doing a better job defining that term to ensure it was not misused. Second, with regard to the 52 recently reviewed SFR applications and a handful that slipped through with a direct discharge exemption and if the location is close to the Sound, we don't really care about slowing the water, but just getting it to the Sound. She asked if that meant that roads and houses close to the Sound were allowed to pollute. She also questioned the comment about roofs not usually being considered pollution generating, pointing out people often put moss killer and chemicals on their roofs and if they are not considered pollution generating, that could be a problem. With regard to hard surfaces and impervious surfaces, Mr. Richardson said he was not a stickler when speaking about those but during review there was much more technical separation. Those terms were not defined by the City, they were handed down from Ecology in the last update. The industry has been using those for at least the five years so most people are aware of them. The single biggest thing is there are a lot things in between like pervious pavement or turf field, so Ecology created a catch all so there is no debate over impervious/pervious. There are definition at the beginning of the section. He welcomed more direction if the Council thought more was needed. With regard to the direct discharge exemption to Puget Sound, Mr. Richardson said there is more to that, it has to be in an all pipe system and cannot go to a creek. They also have to check the capacity on the pipe system before they qualify to ensure the pipe system can handle flows to the Sound. That is a flow control requirement; water quality/treatment is completely independent of that. If someone has direct discharge and is over 5,000 square feet of pollution generating, they would have to do the water quality treatment, just not the flow control. With regard to roofs, Mr. Richardson said Councilmember L. Johnson's example was a good one; the answer to that is educating people what to use/not use and what is an illicit discharge. He agreed more research could be done on that issue. That topic has been addressed in yard care but not for roofs. That issue arises more often with commercial and multifamily projects that have mechanical equipment on the roof which requires ensuring the metals are treated properly so they do not leach when it rains. Rooftop mechanical equipment also has to be self-contained with spill control so in the event a hydraulic line came off it would not spill onto the roof. He summarized there are usually some qualifiers. Council President Paine expressed appreciation for the presentation and all the work put into the stormwater update and getting it to the Council sooner rather than later. With regard to the suggestion she Edmonds City Council Approved Minutes September 21, 2021 Page 13 required to get credit for trees. He believed one of the reasons it was not used frequently was the credits are not very strong because people are hesitant to have trees as infrastructure because they are seen as potentially temporary. For example if a tree provided stormwater mitigation, would there be a storm drain problem if that tree fell or died in the future. There is a hesitance to use that as a sole BMP, but it is currently an option for some projects. There is also a BMP credit for reduced clearing footprint. As a follow-up on Councilmember L. Johnson's comments on turf fields, Councilmember Distelhorst asked if turf fields would be included on packet page 310 regarding hard surfaces. Mr. Richardson answered it is actually its own special exception, it depends on the drainage. Mayor Nelson opened the public participation portion of the public hearing. There was no one present who wished to provide testimony and Mayor Nelson closed the public participation portion of the public hearing. Councilmember Olson asked whether the Council wanted to continue the public hearing. She recalled there was one citizen who expressly asked to continue the public hearing and she was surprised there were no public comments when there were quite a few emailed comments today. She questioned whether the emailed comments counted as comments for the public hearing so the people would have standing. City Clerk Scott Passey answered they would be part of the public record and are entered into the minutes. Councilmember Olson reiterated her surprise that there were no public comments during the public hearing since there was great deal of interest via email. Due to possible technology issues, she suggested continuing the public hearing to next week. Mr. Passey said that would be a Council decision. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE THE PUBLIC HEARING TO NEXT WEEK IN CASE THERE WERE OTHER COMMENTERS. Council President Paine said she did not object to continuing the public hearing but requested the introduction be abbreviated as the September 28' meeting is already busy. She noted the public could also submit emails in addition to making comment at the public hearing. She favored wrapping up the public hearing to provide certainty to staff s efforts. She was lukewarm about continuing the public hearing but would not oppose it. Councilmember Buckshnis said only the comment from Lora Petso referenced the stormwater public hearing, the other emails only referenced stormwater. She asked if the emails sent to Council related to stormwater would be included in the public hearing record. Mr. Passey said the public hearing notice also provides an email address to submit public comments; comments received at that address are counted as public hearing comments. Councilmember Buckshnis said some of the comments were sent to Councilmembers and not to the public comment address. She suggested that would be a reason to continue the public hearing. Councilmember Distelhorst relayed his understanding from Mr. Williams and Mr. Richardson that this will come back in the future so whether it is an official public hearing with a notice period or just collecting comments and feedback as usual, there will be time for further comments during the Ecology and SEPA review. He was unsure the public hearing needed to be continued because there were still options for reviewing and commenting during the period of time prior to adoption. Councilmember Fraley-Monillas said the only comments she received were from Lora Petso, Joe Scordino, and Marjie Fields. Councilmember Olson said Councilmember Distelhorst made good point, but public hearings give people certain standings so there is a difference. She offered to send the emails she received today to the Edmonds City Council Approved Minutes September 21, 2021 Page 15 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 Discuss and make grant award decisions this evening o Applicants will be notified immediately Councilmember L. Johnson referred to the application that was denied, Washington Kids in Transition (WKT), because they were not based in Edmonds. She referred to the criteria regarding how the organization and its programs, projects or activities enhance economic, cultural and/or quality of life aspects within the Edmonds community, commenting they definitely do that but understood they were not based in Edmonds. She asked if WKT would qualify somewhere else or should the Council consider granting them funds with the caveat that the funds would be used to benefit specifically Edmonds residents. Mr. Doherty said the ordinance contains a great deal of specificity and would require amendment to provide funds to a non-profit organizations outside Edmonds but serving Edmonds residents. There will be some funds remaining after these awards are made and another round of awards could be considered early next year. Council President Paine reiterated her surprise that the Edmonds Food Bank did not apply. She asked if the accounting associated with determining the services provided to Edmonds residents was a barrier to the Edmonds Food Bank or other non -profits that serve more than just Edmonds residents. She noted the list of awards included organizations that serve the broader community so Edmonds benefits overall. Mr. Doherty said Edmonds Food Bank did not contact the City during the application period although he would be surprised if they did not know about it. The information was distributed via the regular channels and to be fair he did not prompt entities to apply. The City provided a substantial amount in CARES funding to the Edmonds Food Bank last year to meet food needs. Council President Paine said she agreed they had been served but wondered if tracking was a barrier. Mr. Doherty said he did not believe it was because it was discussed with them related to the CARES funds that they serve people who are not Edmonds residents. At that time the judgment was made that the majority are Edmonds residents although proof of residency is not requested, the food bank is an enhancement to the community and the intent is to be welcoming, accepting and generous which is an overall enhancement to quality of life by helping people even if they live beyond Edmonds' boundaries. At that time it was portrayed to them that the intent was not to create barriers so he assumed they would not perceive it as a barrier for applying for these funds. Councilmember Fraley-Monillas said she liked the list, commenting it looked fair to each organization. She suggested in round two looking at agencies that had not been supported in the past such as Washington Kids in Transition, the Edmonds Food Bank or other organizations. The funding will help a number of organizations including the Edmonds Waterfront Center's lunch program. She was uncertain how sustainable the cost of $15/meal was, but it will serve a number of seniors on a long term basis. She observed lunch at the Senior Center a couple weeks ago where there were approximately 11 people; she Edmonds City Council Approved Minutes September 21, 2021 Page 17 - One-on-one meetings with residents as requested - Online surveys - Project email address and website o Public input combined with data to drive design decisions o Project design recommendations were presented to Council May 4, 2021 ■ Questions were raised about the Westgate intersection ■ Additional public meeting was requested - Public meeting held June 2, 2021 ■ Westgate Intersection o Existing Conditions: SR-104 & 100"' Ave W o Alternative 1 ■ Adds 1 bike lane in each direction ■ Eliminates 1 through -lane in each direction ■ Adds northbound and southbound right turn lanes o Alternative 2 (staffs recommended alternative) ■ Adds 1 northbound bike lane ■ Adds shared lane markings (sharrows) to southbound through -lane ■ Provides ramps so that southbound cyclists can exit onto the sidewalk, walk through the intersection and re-enter the roadway south of the intersection ■ Maintains current number of through -lanes ■ Travel lanes get slightly narrower • Side -by -side Comparison o Impacts to motorists Alternative 1 Alternative 2 Vehicle lanes maintain current width Vehicle lanes yet sljyhtly narrower Intersection LOS drops from C to D Intersection LOS stays at C 238'h Elm travel time during PM Peak 238t` Elm travel time during PM Peak No build - 207.2s No build - 207.2s Alternative 1 - 235.3s Alternative 2 - 209.6s Delay - 28.1 s Delay - 2.4s o Queue lengths at Westgate * Graphic identifying 50% and 95% queue length northbound and southbound during peak hour Alternative 1 Alternative 2 Extends queues substantially impacting business driveways in both directions Substantially shorter queues, does not impact businesses any more than current o Imoacts to Bicyclists Alternative 1 Alternative 2 Completes the bicycle lane network with a Southbound cyclists are required to either direct connection for all cyclists through share a lane with vehicles or exit onto the Westaate sidewalk Increases usability of corridor by cyclists Cyclists will not consider this corridor to be as safe or efficient as Alt 1 o Intangibles Alternative 1 Alternative 2 Longer queues and greater delays could Increase future grant opportunities; cause motorists to seek alternative routes. granting agencies may be more likely to This could result in adjacent fund a future bike lane expansion than neighborhoods seeing increases in traffic future lanes for motorized vehicles volumes andspeeds Additional Improvements Edmonds City Council Approved Minutes September 21, 2021 Page 19 is basically worse case. Adding the blue bar to the red takes it to the 95' percentile, only 3 minutes out of 1 hour that the queue would exceed the combined blue and red queue which is 15 minutes a week; 99.85% of the time those queues would not happen. He explained this is a worst case scenario for that short albeit important period of time. Councilmember L. Johnson relayed her understanding that this project would add bike lanes to encourage people of all ages to use them. Adding bike lanes approaching the Westgate intersection is to encourage bike riders to go through the Westgate intersection. The presentation stated Alternative 1 creates a complete network and Alternative 2 does not and cyclists will not consider this corridor to be as safe or as efficient as Alternative 1. Under intangibles it addresses using alternate routes. She recalled a comment during Audience Comments about drivers using alternate routes. She understood the east -west alternate routes such as 220' and 224' to avoid Edmonds Way, but these bike routes are north and south. She asked about reasonable north and south alternate routes that the intangibles address. Mr. Williams acknowledged there are not a lot of good north -south routes in Edmonds. This is an important corridor but the recommendation is not a complete blockage either. It would be more convenient and faster for a bicyclist to cycle through the intersection in a dedicated space; however, there is not adequate real estate without eliminating two travel lanes so there has to be a balance. The entire cycle time is 130 seconds, so it takes 2 minutes 10 second for the green ball to return so the model suggests delays in the PM peak hour could range from that much to zero. Average - queues are what drivers are more likely to experience, maybe less, maybe more. He acknowledged there would be some interference with driveway access, but that intersection already experiences delays today. The longest queue is northbound. It has not been finetuned yet, but there has been some attempt to balance the delay for all phases of the intersection. Councilmember L. Johnson said she was struggling with the City was working toward providing Complete Streets and to increase safety, and this would create a 28 second during the PM peak, but 98.5% of the time that would not occur. For those reasons she questioned why Alternative 1 was not the preferred alternative. Mr. Williams answered if there was additional space, it would be an obvious choice. Bicycle counts at that intersection are extremely low but probably because people do not even want to try riding there. With regard to "if you build it, will they come," he said that has been the experience with bike lane projects, a dramatic growth in bicycle activity after bike lanes are installed and he expected that to occur. Staff provided a recommendation they feel is reasonable for right now. A follow-on project for a separated bike lane could be added to the CIP with planning about what that would look like and effort to acquire funding. Staff s recommendation is Alternative 2 and try to acquire enough space for a second bike lane. Councilmember L. Johnson commented when someone is riding their bike somewhere, they are also return so she was concerned with providing only half of it and questioned whether there would be full usage by only providing half resulting in a cyclist being safe in one direction but not so much in other. Mr. Williams answered a bicyclist could be safe in both directions, but there would be some additional delay by using the ramp up to the sidewalk and walking through the intersection. He did not see that as the end of the world but recognized it was seen as a negative for bicyclists and likely would impact the stimulus that this project would provide at some level. If only one bike lane can be installed, the northbound lane is the right one for the PM peak hour. Councilmember Distelhorst commented he does not speak often or for very long; tonight will be different. He asked about the delay to cyclists to use crosswalk, anticipating it would be a minimum of 130 seconds. Mr. Williams answered when a cyclist arrived at the intersection would dictate how long it takes, it could be almost no delay up to a 60 second delay. Councilmember Distelhorst explained for transit headways the projected delay is divided by half, if so if it is 130 seconds, the average is slightly over a minute Edmonds City Council Approved Minutes September 21, 2021 Page 21 this intersection. The Council need to do its best to provide a safe environment for people who are not in vehicles. Basic mobility is a human right and designing only around vehicles is not sustainable for the climate, for safety, or for the future. Councilmember K. Johnson said she disagreed with most of Councilmember Distelhorst's comments. She recalled the presentation indicated Alternative I will drop the intersection from LOS C to D and asked in which year. Pablo Para, PH Consulting, answered the forecast is based on 2030' which includes traffic growth and some development projects. Councilmember K. Johnson said those numbers did not add up for her. She referred to the Transportation Element of the Comprehensive Plan, commenting 9' Avenue/100`i' is a minor arterial and the posted speed is 30 mph, SR-104 is a highway of statewide significance. That is a very important intersection and had the second highest collision rate in the City for data collected 2009-2014. She felt Alternative 1 would be a mistake and intrinsically unsafe because it pits a 2,000 pound vehicle against a person on a bike. She is a bicyclist and she would not like to ride in those protect lanes, but would rather dismount and cross at the intersection. Councilmember K. Johnson explained there are two kinds of bicyclists, recreational bicyclists such as children and families, and serious bicyclists who they can be in any lane they choose if they are skillful enough. It is a false premise that protected lanes will protect bicyclists because turning movements and through movements create too much potential for conflict. This is a road, it is not about making it the most efficient for bicyclists, but for all road users. She put more value on the experience of the vehicle driver than the bicyclist. She acknowledged the interest in a multimodal system; the City received a $1.85M grant from Sound Transit. She recommended going back to the drawing board and developing Alternative 3 as Alternative 1 does not do the job and Alternative 2 is only half a program. She will add more when the Council discusses the pedestrian improvements. Councilmember Olson thanked the team, commenting that having followed this project through the process she saw the public's input taken into consideration and implemented in design changes. However, Alternative I does not do that, having followed the process, in the beginning parking was a priority on 9' Avenue as well as this intersection and the anticipated delays were protested when the Council was considering acceptance of the grant. After hearing all the input, seeing Alternative 1 proposed made her angry. She found downgrading the LOS from C, which is not great, to D completely unacceptable. There may be infrastructure funds in the future that could be used to expand that intersection. In the big picture the extraordinary delays in Alternative I do not make sense. It is not just cars versus bicyclist; there are very few bicyclists on this route and not all of them as in such a hurry that they cannot dismount and cross via the crosswalk, experiencing a 1-1.5 minute delay instead of having a high volume of cars experience a 20 second delay. Councilmember Olson pointed out the 20 second vehicle delay has a climate impact due to pollution caused by cars idling at the intersection. Achieving climate goals is a big reason for having bike lanes in the first place. If Alternative 1 were constructed, she felt it would be a huge breach of the public's earlier concerns when the Council considered acceptance of the grant. The public did not want to wait an extra 20 second at the intersection and were kind of told they would not happen. The alternatives should have been no change at the intersection except the offramp from the bike lanes to the sidewalk so bicyclists could walk across and/or sharrows if those are not less safe. She objected to having a huge negative impact in the short term and downgrading the intersection for the purpose of adding bike lanes. Alternative 2 may be a reasonable compromise but no bike lanes in the intersection would be preferrable and absolutely not Alternative 1. Council President Paine thanked the team for their work. When she reviewed past emails from the public, she found a lot of comments about bike lanes. She recalled in early discussions about parking, Councilmember K. Johnson pointing out it is the City's right-of-way and not a resident's personal parking Edmonds City Council Approved Minutes September 21, 2021 Page 23 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO PAUSE THIS DISCUSSION UNTIL THE OCTOBER 5TH MEETING AND COMPLETE QUESTIONS AND DISCUSSION. Councilmember Fraley-Monillas expressed concern with scheduling 15 minutes for an hour topic and recommended scheduling adequate time on October 5' to discuss it so Councilmembers do not feel rushed. Councilmember Buckshnis pointed out all Councilmembers made their points and questioned whether those same points would be made at the October 5'h meeting. She has heard these same comments from Councilmembers and citizens the last time this was discussed. She questioned whether the intent was simply to rehash this on October 5' or would Alternatives 3, 4 and 5 be presented. Mr. Williams took issue with the hint that this was a staff driven project. Council President Paine raised a point of order, pointing out there is a motion on the floor. She urged Councilmembers to submit their questions to staff prior to the October 5t' meeting. Councilmember Olson said Councilmember Buckshnis made a good point, what is the intent of bringing this item back, what will happen between now and then, and where do we go from here? Council President Paine said she was hoping Councilmembers would get their questions answered and if there needs to be additional discussion, that can be figured out on October 5'. It is now 10 p.m. and there is one fun item remaining on the agenda. Councilmember Fraley-Monillas commented it was fair to get questions answered. She wished questions had been answered prior to tonight's meeting as that would have avoided the hour-long discussion. She urged Councilmembers to get responses to their questions before the next meeting. Councilmember K. Johnson asked whether any new information would be provided if this item is moved to October 5', whether there would be a third or fourth alternative for consideration, noting the Council was at a stalemate. Mr. Williams answered the project and the grant application was geared toward making this connection. He did not know of another alternative that does that. This connection on 9' & 100t' needs to be made in one form or another. He pointed out the rest of the project does a lot of good things with bicycle lanes and pedestrian improvements and those should not be overlooked. This is a very important but small piece of the system. Councilmember K. Johnson relayed her understanding from Mr. Williams' comment that the Council should not expect a third alternative. Mr. Williams pointed out there was a third alternative that received no support when it was presented. The three alternatives were 1) two sharrows, 2) one bike lane and one sharrow, and 3) two bike lanes. There is no other viable option to show unless someone on team has one that he not heard about. MOTION CARRIED UNANIMOUSLY. 2. SHIRLEY JOHNSON PROPERTY DONATION Parks, Recreation, Cultural Arts & Human Services Director Angie Feser reviewed: • Address: 9309 Bowdoin Way, connects Bowdoin to Yost Park • Size: 1.14 acres • Appraised Value with condition be used for a community park: $350,000 • Market value without condition: $1.5M • Zoning: Single family, potential for 6 lots Edmonds City Council Approved Minutes September 21, 2021 Page 25 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ACCEPTING TITLE TO REAL PROPERTY THROUGH A PERSONAL REPRESENTATIVE'S DEED FROM THE ESTATE OF SHIRLEY M. JOHNSON SUBJECT TO CERTAIN TERMS WHICH ARE DESCRIBED IN THAT DEED. MOTION CARRIED UNANIMOUSLY. 11. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE MINUTES 12. COUNCIL COMMENTS Councilmember Fraley-Monillas thanked Natalie Seitz for bringing up issues of equity for those living on the east side of Edmonds. She appreciated Ms. Seitz reminding Council at every meeting that there are inequities between one side of Edmonds and the other. Councilmember Olson said she was disappointed that Councilmember Fraley-Monillas did not have a different Council comment. After her impassioned advocacy for a new Code of Conduct, putting it on the Council agenda as Council President and dedicating many hours of Councilmembers' time and effort and voting for it herself, Councilmember Olson said she had a hard time understanding Councilmember Fraley-Monillas' refusal to own her two blatant Code of Conduct violations. Councilmember Fraley-Monillas raised a point of order, stating this was inappropriate place to be talking about individual Councilmembers. If Councilmember Olson wanted to bring her up on charges, there was executive session to do that. Councilmember Olson asked if that was a valid point of order. Mayor Nelson suggested Council refrain from identifying specific Councilmembers. Councilmember Buckshnis raised a point of order, explaining the purpose of a Council comment is to allow the Councilmember to provide whatever information she/he wants to say. There have been many Council comments through the I I years she and Councilmember Fraley-Monillas have been on Council and Councilmembers have named names. Councilmember Fraley-Monillas raised a point of order, stating this was against the Code of Conduct Councilmember Olson asked how it was against the Code of Conduct. Mayor Nelson said it was up to the Council to decide if they wanted to use Council Comments as a forum to go after each other, he would not tell them yes or no but suggested using common sense regarding how to use their time. He will not rule on how or what Council Comments should be, they are the Council's comments. Councilmember Olson said she did not understand the refusal to own the violations and to render a sincere apology for both. With that being the case, she questioned where the Council majority was with sanctions for this Councilmember who is snubbing the public and the code and importantly where is the equity. Everyone knows the answer to whether she (Councilmember Olson) would be sanctioned if she was the one doing these things instead of another Councilmember. Councilmember Buckshnis thanked Councilmember Olson for her town hall meetings last Saturday. She was able to attended all three and found the conversations very interesting. Citizens continue to question whether if we build it, will they come? Citizens are concerned with grants for projects like guardrails and whether they are really needed. It will be important to look carefully at the CIP/CFP this year. She looked forward to Councilmember Olson's remaining town hall meetings. She expressed support for Edmonds City Council Approved Minutes September 21, 2021 Page 27 Couneilmember Distelhorst thanked Councilmember L. Johnson for continuing the work related to mental health and suicide prevention. He looked forward to scuing Councilmembers and community members at the two events on mental health and suicide prevention, important topics for people of all ages in the community. 13. MAYOR'S COMMENTS Mayor Nelson reported although COVID numbers are plateauing, they are still unacceptably high, over 440/100,000 and overwhelmingly the people contracting COVID and being hospitalized are unvaccinated. A glimmer of hope was announced recently, Pfizer's is having good results in clinical trials with a vaccine for children ages 5 to 11. it still needs to go through the FDA process but it is promising news that the youngest and most vulnerable will have access to a vaccine sooner rather than later. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:28 p.m. Z MICHA NELSON, MAYOR n 5 • ASSEY, CITY CLERK Edmonds City Council Approved Minutes September 21, 2021 Page 29 Public Comment for 9/21/21 Council Meeting: From: Tina Swithin Sent: Tuesday, September 21, 20219:24 PM To: Gretchen Pawling Cc: LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Bennett, Michelle <michelle. ben nett@edmondswa.gov>; Schick, Jill <Jill.Schick@edmondswa.gov> Subject: Re: November is Family Awareness Court Month #MeTooFamilyCourt Gretchen- thank you so much for the introduction. Mayor Mike Nelson and Edmonds City Council - it is wonderful to connect with you, even if it is by email. We would be honored if you would consider a proclamation for this very important cause. I have included proposed wording (below) for the proclamation which may prove helpful to you (or your staff):WHEREAS, the mission at One Mom's Battle (OMB) and the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children, and; ■ WHEREAS, the mission at the FCAMC is to increase awareness on the importance of education and training on domestic violence, childhood trauma and post separation abuse for all professionals working within the family court system, and; • WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on the empirical data and research that is currently available. Such research is a critical component to making decisions that are truly in the best interest of children. This research includes The Adverse Childhood Experiences (ACE) Study (CDC - Kaiser Permanente), Saunder's Study (Us Department of Justice), The Meier Study: Child Custody Outcomes in Cases Involving Abuse Allegations, and the Santa Clara Law Study (Confronting the Challenge of High -Conflict Personality in Family Court), and; • WHEREAS, the mission at the FCAMC is fueled by the desire for awareness and change in the family court system while honoring the 800(+) children who have been murdered by separating or divorcing parents, and; Thank you for your time and please let me know if you have any questions. Sincerely, Tina Swithin Edmonds City Council Approved Minutes September 21, 2021 Page 30 The Saunders Stu The Santa Clara University Stud (High Conflict individuals in the family court system I would be honored if you would sponsor an official proclamation to recognize November as Family Court Awareness Month. Your proclamation would lend official recognition to the important work of educating the public, as well as emphasize your personal commitment to help support matters that are of the utmost importance to your community, child safety. As you are probably aware, October is National Domestic Violence Awareness month. Domestic Violence is about power and control, this doesn't go away when the relationship ends. For many survivors it actually intensifies with the separation and the abuse shifts to a new platform, the family court system. Post Separation Abuse makes for a perfect segue between Domestic Violence Awareness Month and Family Court Awareness Month. I have cc'd founder, Tina Swithin(tina@familycourtawarenessmonth.com_) on this email and if it works with her schedule, she would be honored to be in attendance (virtually) when the proclamation is presented. If you, or your staff, have any questions concerning the request, or Family Court Awareness Month, please call let me know. I will follow-up with your office on this request in the next few days. As always, we appreciate your support. Thank you for considering this very important request. Sincerely, Gretchen Pawling ADDITIONAL RESOURCES: Coercive Control: https://Voutu.be/YbZYSBeHuLU & https://Voutu.be/UOIOSeTViec Making the Case for ACES List of Cities issuing proclamations this year Letter to the United Nations Over One Hundred Mothers Denounce the United States of America Before the United Nations, for Human Rights Violations. From: Ken Reidy Sent: Tuesday, September 21, 2021 9:15 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) Edmonds City Council Approved Minutes September 21, 2021 Page 32 Dear Edmonds City Council Members, I will be reading this message at the public comments of tonight's council meeting. I wanted you to have this written message to refer to for specifics. I live near the dangerous intersection of 224th St. SW and 96th Ave W, an intersection within the School Zone of Westgate Elementary School. Twice in one round trip this weekend I experienced drivers disregarding the north and south bound stop signs with additional signage saying "Cross traffic does not stop." While I was driving to the Saturday market, a car traveling south on 96th flew through the southbound stop sign making a left onto 224th in front of me. I pointed with wide eyes saying STOP! The look on the driver's face was like "what's with you crazy lady?" As I was returning from the farmers' market, coming up 224th from the west, a car headed north slowed on 96th before crossing directly in front of me making a left turn. If I had not been preemptively slowing it would have hit me. It began to accelerate before I slowed, as if he assumed I had a stop. Those two stop signs might as well not be there the way they are disregarded by drivers as they assume there are stop signs on 224th. If this intersection is not made into a four way stop, perhaps red flashers could be installed on the present signs to draw attention to the two-way nature of the stops, or rumble strips to alert drivers they are approaching a stop. SOMETHING!! Another alternative would be for intermittent posting of police to enforce the speed zone and stop signs. I frequently observe vehicles exceeding the 30 mph limit on 224th not to mention the 20 mph school zone limit. I frequently hear the screeching of brakes and have personally observed at least one vehicular collision that required cars to be towed after one was shoved onto the sidewalk cut at the crosswalk. I hope the city will do something about this dangerous intersection before serious injury or a fatality result from the ineffective signage at the intersection of 96th Ave W and 224th St. SW. Thank you for your consideration. Lora Hein heinsight@earthlink.net https://www.lorahein.com https://www.facebook.com/pp/Lora Hei nALIthorl Edmonds City Council Approved Minutes September 21, 2021 Page 34 Although the Mayor's Conservation Advisory Committee worked with the Salmon Safe organization, at the Mayor's request, to develop a Scope of Work specific to Edmonds before January 2021, the City's Agreement/Contract with the Salmon -Safe Organization still has not yet been issued. Thus, an environmental 'expert' stormwater management review is not available for this stormwater code update. Thus, the Council does not have an environmental expert's input on current stormwater management in this City to evaluate whether the proposed update to the City's stormwater code is adequate to protect the health of the Edmonds watersheds. We do know that Perrinville Creek has been and continues to be destroyed by stormwater that gushes into the creek during heavy rainfall. We also know that the instream fish habitat in Shell Creek is also being devastated by sediment deposits caused by stormwater flows. We know that stormwater impacts on our watersheds have been getting worse and we are not seeing that change. What the City (and Council) don't know is what the "Salmon -Safe" environmental expert's assessment will show and what otherwise would/should have been used by the City in updating the stormwater code. Citizens concerned about stormwater management and how it is affecting our streams and wetlands are not in a good position to provide constructive comments on the stormwater code without first having the environmental expert recommendations that will come out of the "Salmon -Safe Certification" process. From: Ken Reidy Sent: Tuesday, September 21, 2021 1:02 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: Public Comments for September 21, 2021 Council Meeting For a Municipal Government to function properly, city officials understand they work for the citizens. Citizens are granted courtesy, their emails are responded to, and their questions are answered. An emphasis on friendly and courteous service to the public improves the quality of public service and confidence of citizens. Communications between the citizens and all Edmonds City Council Approved Minutes September 21, 2021 Page 36 Attachment: From: Buckshnis, Diane To: Taraday, Jeff; Passey, Scott Cc: Paine, Susan Subject: Re: Executive Session for one hour on 9/22/2020 for complaint Date: Friday, September 18, 2020 2:01:30 PM Attachments: ima e001. n Complain 0 executive session.docx Good Afternoon, I have spoken to Susan and she helped me in putting this together. Scott, I would guess that Susan will have to lead this meeting? Than ks, Dian e From: Jeff Taraday <jeff@lighthouselawgroup.com> Sent: Friday, September 18, 2020 1:11 PM To: Passey, Scott <Scott.Passey@edmondswa.gov> Cc: Paine, Susan <Susan.Paine@edmondswa.gov>; Monillas, Adrienne <Adrienne.Mon illas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov> Subject: Re: Executive Session for one hour on 9/22/2020 for complaint by two Council Members against another Jeff Taraday 600 Stewart Street, Suite 400 Seattle, WA 98101 Phone: 206-273-7440 E-mail: ieff@liphthouselawgroui3.com THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Scott Passey <Scott.Passey@edmondswa.gov> Date: Friday, September 18, 2020 at 12:21 PM To: Jeffrey Taraday <jeff@lighthouselawgroup.com> Cc: "Paine, Susan" <Susan.Paine@edmondswa.gov>, "Monillas, Adrienne" <Adrienne.Mon illas@edmondswa.gov>, Diane Buckshnis <Diane.Buckshnis@edmondswa.gov> Subject: RE: Executive Session for one hour on 9/22/2020 for complaint by two Council Members against another RCW 42.56.070 Attorney -Client Privilege F:Wa Edmonds City Council Approved Minutes September 21, 2021 Page 38 disclosure of confidential information. The specific violation was 42.23.070(4) which is: No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. This comment is contrary to our code of ethics — by being dedicated to the highest ideals of honor and integrity in all public and personal relationships and to not allow a member to personally benefit or profit by confidential information being disclosed or by misuse of public resources. This comment is contrary to our code of conduct for all group leaders specifically leaders should not intimidate other members or be disrespectful towards them. The comment is also contrary to Robert's Rule of Order — Rule 43:24 that Council refrain from speaking adversely or disclosing any action that was resolved and/or not pending. From: Ken Reidy Sent: Tuesday, September 21, 2021 7:26 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Williams, Phil <Phil.WlIlia ms@edmondswa.gov> Subject: Public Comments for the September 21, 2021 Public Hearing for Stormwater Management code (ECDC 18.30) update As a reminder, the City of Sea Tac reads Written Public Hearing Comments into the record, up to 5 minutes in length. Why doesn't the City of Edmonds do that? Public Comments for Public Hearing for Stormwater Management code (ECDC 18.30) update Prior to updating the Stormwater Management code, please answer the following questions: 1. When the City claims it needs property for a public purpose such as stormwater overflow, why does it leave that property in private hands? Why did the City not buy or condemn the property that was later sold to Donna Breske? Had the City done so, the Breske family's horrible experience with the City of Edmonds would never have been possible. 2. How did City Water, sewer and storm utilities get located partially within a 60- ft planned right-of-way in the Seaview Woods area? Did the placement of City Water, sewer and storm utilities within the "planned right-of-way" open the right-of-way or is a right-of- way only opened when it is improved so that it can be used for ingress/egress? Edmonds City Council Approved Minutes September 21, 2021 Page 40 Efforts to coin the month of November as Family Court Awareness Month received recognition and endorsements from California Congresswoman Judy Chu, Senator Susan Rubio and Assemblywoman Blanca Rubio. At the Los Angeles press conference on November 1, 2020, Senator Rubio and Assemblywoman Rubio were in attendance and spoke prior to the ribbon cutting ceremony. The Los Angeles event was the first in a series of press conferences across the country. Speakers at these events were notable voices in the domestic violence and family court advocacy communities. These speakers included Jacqueline Franchetti whose daughter, Kyra Franchetti was murdered as a result of a New York family court failure. Ana Estevez, whose beloved son, Piqui, was murdered as a result of a California family court failure and Kathy Sherlock, mother to Kayden, who was murdered as a result of a Pennsylvania family court failure. Since last November, the number of children murdered by separating or divorcing parents has increased to 806; 48 additional children have lost their lives in less than a year. Currently, many families in our community are struggling in silence and facing the reality that child safety is not being prioritized. Our family court system lacks the proper training on domestic violence, childhood trauma and post separation abuse. In fact, many are shocked to discover that most states do not have domestic violence training requirements prior to a judicial officer presiding over family court cases and ultimately, determining the fate of innocent children. In the states that do have requirements for domestic violence training, it is very minimal. Our goal for Family Court Awareness Month 2021, is to shine a spotlight on solutions such as the research that is currently available, but not being utilized. This research includes: 0 The Meier Stud M Adverse Childhood Experiences (ACES) IN The Saunders Stud M The Santa Clara University Study (High Conflict individuals in the family court system I would be honored if you would sponsor an official proclamation to recognize November as Family Court Awareness Month. Your proclamation would lend official recognition to the important work of educating the public, as well as emphasize your personal commitment to help support matters that are of the utmost importance to your community, child safety. As you are probably aware, October is National Domestic Violence Awareness month. Domestic Violence is about power and control, this doesn't go away when the relationship ends. For many survivors it actually intensifies with the separation and the abuse shifts to a new platform, the family court system. Post Separation Abuse makes for a perfect segue between Domestic Violence Awareness Month and Family Court Awareness Month. Edmonds City Council Approved Minutes September 21, 2021 Page 42