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cmd111621 Edmonds City Council Approved Minutes November 16, 2021 Page 1 EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES November 16, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember ALSO PRESENT Brook Roberts, Student Representative STAFF PRESENT Michelle Bennett, Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Dave Turley, Administrative Services Director Angie Feser, Parks, Rec., Cultural Arts & Human Serv. Director Rich Lindsay, Parks Maintenance Manager Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst 1. CALL TO ORDER/FLAG SALUTE 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 Student Representative Brook Roberts 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, with the exception of Councilmember Buckshnis. 4. PRESENTATIONS 1. RESOLUTION THANKING LUKE DISTELHORST FOR SERVICE ON THE CITY COUNCIL Edmonds City Council Approved Minutes November 16, 2021 Page 2 Council President Paine read Resolution No. 1482, thanking Luke Distelhorst for his service to the Edmonds City Council. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE RESOLUTION NO. 1482, AN RESOLUTION OF THE CITY COUNCIL THANKING LUKE DISTELHORST FOR HIS SERVICE TO THE EDMONDS CITY COUNCIL. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE RESOLUTION TO ADD THE FINANCE COMMITTEE TO THE LIST OF COMMITTEES. Council President Paine said she will email photos of the plaque awarded to Councilmember Distelhorst to GIS Analyst Dave Rhode who will display them. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 2. RESOLUTION REGARDING THE EDMONDS MARSH Councilmember Olson read Resolution No. 1483 recognizing the significance of the work of the community volunteers in restoring the Edmonds Marsh and thank the following volunteers (in alphabetical order) for their time and efforts toward achieving this important outcome: Mark Bailey, John Brock, Diane Buckshnis, Bernie Busch, Andy Chen, Will Chen, Zhiwei Chen, Michael Cross, Aiden Curran, Jesse Curran, Allison Doak, Briana Dolam, Jim Faulkner, Nikolas Faulkner, Greg Ferguson, Marjie Fields, Barbara Ford, Jay Grant, Evan Grey, Waylisha Grey, Belinda Hughes, Randy Hutchins, Kathy Jones, Marty Jones, Dianna Maish, Amelia Medeiros, David Millette, Bob Mooney, Jane O’ Dell, Vivian Olson, Zak Ott, Lynette Petrie, Brook Roberts, Joe Scordino, Nancy Scordino Bob Seidensticker, Kathleen Sears, Scot Simpson, Sound Salmon Solutions’ Edmonds Stewards, Duncan Spence, Stephanie Spence, Students Saving Salmon, Kendal Takeshita, Chris Walton, Christine White, Nathan Zeon, and Margery Ziff. Councilmember Fraley-Monillas requested her name be added as a signatory to the resolution. Council President Paine agreed it would be added. Mayor Nelson observed that Councilmember K. Johnson’s audio was not operational. Mr. Rohde offered to contact her to rectify the issue. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE RESOLUTION NO. 1483, A RESOLUTION OF THE EDMONDS CITY COUNCIL RECOGNIZING OUR MANY RESIDENTS WHO VOLUNTEERED TO HELP RESTORE THE EDMONDS MARSH. MOTION CARRIED (5-0). (Councilmember K. Johnson was not present for the vote.) Mr. Rohde displayed photographs of the plaque awarded to Councilmember Distelhorst. 3. RECOGNITION OF RICH LINDSAY 50TH WORK ANNIVERSARY Director of Parks, Recreation, Cultural Arts & Human Services Director Angie Feser recognized the 50th work anniversary of Parks Maintenance Manager Rich Lindsay tomorrow. His dedication and commitment to the community for the past five decades is extraordinary and worthy of special recognition. Edmonds City Council Approved Minutes November 16, 2021 Page 3 Mayor Nelson read and presented a commendation recognizing Richard Lindsay on his 50th work anniversary with the City of Edmonds. The Council gave Mr. Lindsay a round of applause. Mayor Nelson said everyone has a Rich story and residents know to call Rich when they need help. His fingerprints are visible throughout the City’s parks as are his positive interactions with residents and visitors. He has left a wonderful, lasting impression on the park system and Mayor Nelson thanked him for his dedication and service to the City and to the community. Ms. Feser said it is an honor and privilege to work with Mr. Lindsay. When she came to Edmonds, she was completely amazed at his knowledge of the City’s park system and his incredible memory of everything that has been built. Mr. Lindsay said he was honored by the City Council and his co-workers for putting this on the agenda. Edmonds has been a wonderful place to work and the people he works with are wonderful and he would not have stayed this long if that wasn’t the case. He has been through five mayors so far and six directors. He has done a lot of things but the most enjoyable was working with his coworkers; he enjoys talking and working with and helping people, especially children. With all the play structures in the City, he gets a lot of questions from kids. He has done hundreds of volunteer projects over the years, including a recent cub scout litter pickup at Marina Beach and is turning most of the volunteers over to Jessie now. He has been blessed to work with great people and he thanked everyone for the great job he has had. He enjoys projects and building things as well as helping others build things. As a parks manager, he has had his fingers in everything from the flower program to equipment purchases, Yost Park trails and bridges and hiring staff. Ms. Feser is a very good director, always there to help him and to answer questions. He thanked the Council for the recognition of 50 years, commenting it was difficult to imagine it has been 50 years, the last 20 years as a manager have gone by so fast. At Mayor Nelson’s inquiry about proceeding when Councilmember K. Johnson’s audio was not working, City Attorney Jeff Taraday recommended recessing the meeting until her audio is working. Mayor Nelson declared a brief recess to provide time for staff to rectify Councilmember K. Johnson’s audio issues. 5. APPROVAL OF THE AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADD ITEM 8.1, A MOTION TO CONTINUE TONIGHT’S MEETING IF NOT COMPLETED BY 10 P.M. TO TOMORROW AT 7 P.M. PER RCW 42.30.090 AND ECC 1.04.020. Councilmember Olson said she had not had any expectation of this. She has another meeting tomorrow evening where she is the liaison although she recognized the Council meeting would take priority. As there is also a Council meeting scheduled on Thursday, she questioned why tonight’s meeting would be continued to tomorrow evening instead of putting it on the agenda for an upcoming Tuesday meeting. Council President Paine explained the motion was to continue the matter to tomorrow and the Council would start tomorrow where they stopped tonight. Councilmember Olson asked why the meeting could not be continued to next Tuesday instead. Council President Paine answered there was no ability to do that. Councilmember Olson asked why that was. Councilmember Fraley-Monillas raised a point of order, pointing out the code indicates if a topic cannot be completed in one meeting, it can be moved to the next meeting. She was sorry if other Councilmembers did not know the code, advising that has been done in the past. Mayor Nelson said that was more than a point of order, it was commentary. Edmonds City Council Approved Minutes November 16, 2021 Page 4 Councilmember K. Johnson said this was a complete surprise and she was not available at all tomorrow to continue this discussion. She did not understand why it could not be continued to the regularly scheduled meeting next Tuesday. Councilmember Fraley-Monillas said Councilmember Buckshnis was not available tonight to participate in the budget discussion and she was sorry Councilmember K. Johnson had other priorities tomorrow. If Councilmembers are not willing to spend the time to be there, that’s what happens. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND OLSON VOTING NO. City Attorney Jeff Taraday pointed out the motion was just to put it on the agenda. Mayor Nelson agreed, advising it would Item 8.1; the other items would be moved to 8.2 and 8.3. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. CGS (Cynthia Sjoblom), Edmonds, advised Veterans Day was November 11th . Her two brothers served in the Marine Corps in Vietnam; one came home with lifelong scars and the other, George, sacrificed his life along with 58,000 other soldiers, more soldiers than there are people who live in Edmonds. These soldiers fought so we could be free; many paid the ultimate price with their lives. Every time this City government breaks a law, violates an ordinance or Councilmembers don’t care that statutes are broken, they spit on the graves of fallen soldiers. Part of the soldiers’ service was to protect the country, the community and uphold laws that made the country great. Destroy that and there are people in office committing dereliction of duty, failing to do something that should have been. The statute recently violated was RCW 35A.33.055 that concludes as follows: prior to the final hearing on the budget, the legislative body or a committee thereof shall schedule hearings on the budget or parts thereof and may require the presence of department heads to give information regarding estimates and programs. The definition of the word shall is mandatory; the dictionary states shall pertains to laws or directives, it is a must or obliged to. The Council is obliged to follow the laws of the City and State; must do the right thing and properly schedule public hearings and allow department leaders to speak regarding the cost of programs and services. Some citizens have reached out to the state auditor’s office so this matter can be researched. Councilmember Fraley-Monillas requested Mayor Nelson identify speakers by name and not just initials. She believed the last speaker was Cindy Sjoblom. Will Chen, Edmonds, thanked Councilmember Distelhorst for the service he provided to the City during the past two years, two of the most challenging years in the City’s history. Even though they do not see eye to eye on some issues and policies, he wanted to recognize the time, effort and personal sacrifices he has made to the community. He expressed his concern with the aggressive spending proposed in the 2022 budget; some decision packages need to be reconsidered and amended to better suit the needs of the community. For example, decision packages 1, 22, 38 and 70, just to name a few. He strongly encouraged Council to delay final adoption until mid-December. John Brock, Woodway, referred to the marsh resolution, explaining he grew up in the Edmonds bowl, their home is near the Edmonds Marsh at the north edge of Woodway close to the fish hatchery. Over the years, both professionally and personally, he has come to understand the importance of wetlands in general Edmonds City Council Approved Minutes November 16, 2021 Page 5 and the critical importance of a healthy Edmonds Marsh specifically. As to this effort, he was just a volunteer with a strong back, hip waders and a sharp machete; the real hero of this effort is Joe Scordino who recognized the problem, had the background to fully understand the issue, identified an effective remediation strategy and figured out how to make it all happen with volunteers. He saluted Joe and planned to volunteer again next season for this ongoing and critically important task. Ken Reidy, Edmonds, said he heard Council President Paine say a few minutes ago that the Council does not have the ability to meet next Tuesday, a comment he did not think was true as the Council has a standing meeting next Tuesday and certainly has the ability to meet. He hoped Council President Paine would clarify her statement. Trust and integrity are two very important items. City of Edmonds government often finds itself in situations that involve three parties, the City and two parties with opposing interests or thoughts about a matter. It is critical that the City not make decisions after engaging with one party while excluding the other party from the related discussion. Imagine this happens to you; most would hope integrity would exert itself and City officials would demand the decision be reversed so the party kept in the dark could be heard before a decision is made. Good luck with that in Edmonds or if you are the party that was excluded from the discussions and kept in the dark. History shows former City Attorney Scott Snyder thought liability issues can force the City administration to push issues, information taken from an email sent to former Councilmember Bernheim in September 2010. Why not keep it simple and advise what state and local laws require. Mr. Reidy continued, City Attorney Jeff Taraday told the Planning Board on August 14, 2019, “I represent the City of Edmonds. I’m here to advance the interest of the City of Edmonds, not individual property owners.” Individual property owners should be treated fairly under the policies adopted by the elected legislative body. In Edmonds, an unfair decision can be left in place even when efforts are later made to change the related law; he referenced the effort to update the street vacation code. The 2016 City Council was actually told the following on November 15, 2016, “while Olympic View Water and Sewer District has requested easements for their utilities within 92nd Avenue West, the City of Edmonds is not requiring an easement, thus the City should be monetarily compensated for the vacation.” This was represented to the 2016 City Council even though the law is either easements or compensation. He questioned whether easement rights were equal in value to rights a utility has under a franchise agreement or an expired franchise agreement. The either or law is simple and easy to understand. Can City staff go around the either or law by making the individual property owner grant the easement to a third party? He did not think so; ECDC 20.70.140 is pure and clean; it says a grant of an easement to the City in exchange for the easement vacated, not to a third party. Integrity requires acknowledgement of that fact. He requested the Council act to correct the City’s previous conduct. Bernie Busch, Edmonds, thanked the Council for the proclamation recognizing the many volunteers who are working to help restore the Edmonds Marsh. As a 2-year resident of Edmonds, he was amazed by the professional expertise, vision and willingness to do the physical work that groups such as Save Our Marsh have provided to the City. The Council must continue to act to preserve and enhance the ecological functions of the marsh. This City property will become an important wildlife sanctuary and a recreational asset for the community but the City must be proactive and take initiative to make this a reality. First, the City can begin by taking carryover money of $450,000 to be used to provide matching funds for future marsh improvement grants, place it in the Marsh Restoration Fund in the 2022 budget and hopefully add to that every year in future budgets so there will be funds to match grants requested from the state and federal governments. Second, Parks, Recreation & Cultural Services is the correct department to oversee the environmental work that needs to be done professionally to restore the marsh, enhance the area for wildlife and create a major nature preserve for education, research and recreation for Edmonds and vicinity. Mr. Busch continued, third, the marsh is not simply a sewer stormwater basin, therefore the Stormwater Capital Facilities Plan for marsh restoration found on page 73 of the Capital Facilities Plan, needs to be Edmonds City Council Approved Minutes November 16, 2021 Page 6 removed. He urged the Council to take the time to make these three important adjustments. As the Save Our Marsh group pointed out, this is a critical moment in the development of an extremely valuable and significant resource. He urged the Council to enable the knowledgeable, professional, trained members of the group to provide helpful consultation and expertise. Save Our Marsh has shown a desire to join the City as Edmonds moves forward with marsh restoration and he urged the City to take them up on their offer as everyone wants what’s best for Edmonds. He requested the Council facilitate building bridges and consensus among the community, model civility, and be receptive to innovative ideas and enlightening information from constituents. Carolyn Strong, Edmonds, recalled talking about shenanigans when she called in last week, commenting on a shenanigan that just occurred when someone turned off their video while she’s speaking. The public just witnessed another shenanigan, the Council is having meeting tomorrow without notice to other Councilmembers or the public because they did not want the newly elected Councilmember to take part in the budget, a Councilmember the City of Edmonds voters voted in. The voters want to have this person on the Council to represent them and that is being ignored. This shenanigan follows other shenanigans such as having the budget originally discussed on October 5th. The schedule was changed and swapped out, but it wasn’t signed and then the public was told it had been displayed for two months when it was actually updated four days prior. The shenanigans continue with a meeting scheduled for tomorrow night without notice to citizens. She questioned when did the people get represented by this Council, noting that is what Councilmembers are supposed to do, represent the people of Edmonds. She agreed with the first caller, people served this country to maintain freedoms and have a democracy where voters can select who represents them, of them, for them, and by them. Now Councilmembers are pushing everything through without the will of the people, not representing the people. She found it despicable and disappointing that the Council was pulling these shenanigans again and urged them to prioritize the will of the people rather than their own. Janelle Cass, Edmonds, thanked Councilmember Distelhorst for his service to Edmonds and expressed that they had never had an opportunity to share their common ground. As an environmental and civil engineer, she shared his passion for transit and bought her first house in Edmonds off of the bus line on 96th that was later discontinued. She used to commute to Tukwila so she knew all the ins and outs of Sound Transit, Metro and Community Transit to get to work. She became a passionate carpooler and has established vanpools and highly recommended it; both Community Transit and Sound Transit have good programs. She and Councilmember Distelhorst as well as the people of Edmonds have many things in common. She urged the Council not to continue the meeting to tomorrow night but allow the newly elected Councilmember to have their voice. She echoed what Mr. Chen said about the budget and as he is in the lead in the election, he should be making comments and having his voice, the people of Edmonds’ voice on the budget. That is right thing to do; it is time to have mending actions between Council and the people of Edmonds and allow Mr. Chen to participate in the budget as he has been elected by the people. Laurie Sorenson, Edmonds, thanked the Council for their service and City staff and volunteers for the work they do. She recalled the Council’s land acknowledgement that acknowledged the Snohomish People and honored their sacred spiritual connection with the land and water. Yet, the Edmonds community has nearly destroyed the Edmonds Marsh over the years; it used to be huge. From what she observed recently, the City seems to come up with ideas but still does not make adequate plans to reinstate the Edmonds Marsh as a fully functioning estuary. The marsh is hugely important for many reasons, a precious piece of the marine environment that the City has the capacity and responsibility to protect. She wanted to see more progress, recalling she never got an answer to the letter she wrote to the Council two years ago asking for a comprehensive environmental analysis of the work done by Shannon Wilson. The Unocal WSDOT property issues may end soon or not but that should not preclude the development of a comprehensive marsh estuary restoration plan. Edmonds City Council Approved Minutes November 16, 2021 Page 7 Ms. Sorenson questioned how the Marina Beach Park renovation that staff was already working on was included and how that fit into the whole biological picture. That has not been examined and it is not well thought out. She encouraged the City to engage actual qualified scientists familiar with the ecological functions, wetlands and aquatic settings. She requested the Council put a plan together and reinstate the $450,000 for marsh restoration. She questioned what the Snohomish People would think of the City’s inability to connect with nature. The message being communicated to them as well as to her grandchildren is that the Edmonds Marsh is a stormwater project and a park for dogs. She was dissatisfied with the lack of progress on a plan. Edmonds is an amazing place due to the Council and others. Many community volunteers and scientists have offered to help in the planning of this important tribute to the original, present and future inhabitants of Edmonds. Deborah Arthur, Edmonds, thanked Councilmember Distelhorst and Councilmember Fraley-Monillas, commenting she liked Councilmember Distelhorst. She expressed support for investing serious money into Highway 99. It cannot be done with a small amount of money here and there and should include major hotels for people who visit Edmonds and the surrounding area because people will not stay in Seattle unless something major changes. She acknowledged it would cost money, but there is money in this town. Next, Ms. Arthur said she never hears anyone mention Five Corners other than one meeting where a gentleman said he did not know where it was. She was disappointed 84th and 76th were being paved so “maniacs can run down it all night long,” when 80th was not getting paved. Some of the houses are worth $1 million plus and paving would make the area look better. She recalled a 450 square foot house in the area sold for $650,000. She questioned why something could not be done for the neighborhood around Five Corners. Jim Ogonowski, Edmonds, expressed concern about the potential for an impromptu meeting tomorrow evening. Listening to the Council tonight, it appeared at least two Councilmembers were surprised by the motion, but others were not. He questioned the motivation of continuing the meeting to tomorrow night, commenting it was not becoming of the City that the Council was supposed to represent. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE CONSENT AGENDA. UPON ROLL CALL, MOTION CARRIED (6-0), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 26, 2021 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 27, 2021 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 1, 2021 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 4, 2021 5. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF NOVEMBER 9, 2021 6. APPROVAL OF CLAIM CHECKS, PAYROLL CHECKS AND DIRECT DEPOSIT 7. PART TIME RECEPTIONIST JOB DESCRIPTION REVISION 8. PROPOSED SNOHOMISH COUNTY PUD EASEMENT FOR CIVIC CENTER PARK PROJECT Edmonds City Council Approved Minutes November 16, 2021 Page 8 9. AMENDMENT NO. 1 TO SNOHOMISH COUNTY PUBLIC DEFENDER ASSOCIATION PROFESSIONAL SERVICES AGREEMENT FOR INDIGENT DEFENSE SERVICES 8. COUNCIL BUSINESS 1. CONTINUE TONIGHT’S MEETING IF NOT COMPLETED BY 10 P.M. TO TOMORROW AT 7 P.M. PER RCW 42.30.090 AND ECC 1.04.020 Council President Paine suggested having a motion so that if tonight’s meeting was not finished, it would be continued to tomorrow night in accordance with ECC 1.04.020 RCW 42.30.090, in the event that the City Council has not completed the business on its agenda by 10 p.m. the meeting would be recessed and adjourned to tomorrow to restart at 7 p.m. and the meeting would start where tonight’s meeting left off. If the Council is able to get through everything on the agenda tonight, this won’t be necessary. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, IN ACCORDANCE WITH ECC 1.04.020 RCW 42.30.090, IN THE EVENT THAT THE CITY COUNCIL HAS NOT COMPLETED THE BUSINESS ON ITS AGENDA BY 10 P.M. THE MEETING WOULD BE RECESSED AND ADJOURNED TO TOMORROW TO RESTART AT 7 P.M. AND THE MEETING WOULD START WHERE TONIGHT’S MEETING LEFT OFF. Councilmember Distelhorst commented it is only 8 p.m. now; the Council has been working on the budget and everyone has submitted their amendments. He was interested in working through the agenda and finishing it tonight and keep tomorrow as an emergency backup given that there is also a Council meeting scheduled on Thursday. Councilmember Olson commented she was well aware of the code regarding continuing the meeting, yet there has been a long standing precedent for this Council not to continue meetings to Wednesday. She was particularly concerned with doing this at the spur of moment when there is a special meeting Thursday for something that is not time critical or urgent. She found continuing the meeting to Wednesday inconsiderate of the Council and citizens and she was extremely opposed to this and the whole budget schedule. This move is a long list of things that are inconsiderate to other Councilmembers and to the public. Councilmember K. Johnson said she was very surprised by this. It is perhaps legal but unprecedented. The Council having three meetings in a row to discuss the budget when there are three meetings available on future Tuesdays begs the question of why. There is only one reason, Councilmembers want to have Councilmember Distelhorst’s vote on this budget and they do not care that Councilmember Buckshnis is on vacation or that she is unavailable because it appears they have four votes. Those Councilmembers may be meeting by themselves tomorrow night and Thursday night and may approve the budget but it will not stand and it will be reviewed. She concluded this was an example of Councilmembers using their power unwisely; they may be able to do it but they shouldn’t, and it will not stand and will be remanded once all the new Councilmembers are seated. This kind of behavior reflects very poorly on what elected officials are supposed to be doing, upholding the laws and regulations, representing citizens and including citizens in the decision-making process. Councilmember are failing in those points and she was very disappointed. Councilmember Fraley-Monillas said she was very disturbed by the fact that Councilmembers K. Johnson, Olson and Buckshnis were doing nothing but trying to push back on the agenda. They have had the budget for six weeks and she found it disturbing that they continue to push back. This is precedented, at least once or twice under Steve Bernheim and perhaps Strom Peterson the Tuesday meeting has been continued to Wednesday to complete the budget. She was sorry Councilmember Buckshnis chose to go on vacation and could not call in. Councilmember Fraley-Monillas said she was on other side of country last week and missed some very important events to call in for the Council meeting. She was sorry Councilmember Edmonds City Council Approved Minutes November 16, 2021 Page 9 Buckshnis did not have the consideration to support her Councilmembers. She was also sorry Councilmember K. Johnson was in medical facility and was busy every night but Tuesday, and “frankly that is not my problem.” Councilmember K. Johnson raised a point of order, stating her objection to what Councilmember Fraley- Monillas was assuming or speaking about her. She has no personal knowledge and she found her remarks inappropriate and unprofessional. Mayor Nelson ruled point taken and urged Councilmembers to refrain from personal remarks. Councilmember Fraley-Monillas said unfortunately Councilmember Buckshnis has been on vacation twice during the last month and Councilmember K. Johnson is unable to attend due to where she is living and “that is not the City or the citizens’ problem.” Councilmember K. Johnson raised a point of order, pointing out she is attending the meeting and it has nothing to do with where she is. Councilmember Fraley-Monillas is making assumptions and deriding her. Councilmember Fraley-Monillas said she was trying to figure out why Councilmember K. Johnson could not attend tomorrow night other than that she was in a medical facility. Councilmember K. Johnson stated Councilmember Fraley-Monillas was making assumptions about her that are incorrect. Councilmember Fraley-Monillas asked to be allowed to finish her statement. Mayor Nelson urged Councilmember Fraley-Monillas to wrap up. Councilmember Fraley-Monillas said Councilmember K. Johnson told people in My Edmonds News where is so that is no surprise to anyone. The point she was trying to make was that she was sorry Councilmember Buckshnis was on vacation and if Councilmember K. Johnson was unable to attend tomorrow night, but this is in policy and the Council has done it twice since she has been on Council, pushing the agenda to the following day. It was appropriate and the fact that Councilmembers K. Johnson, Olson and Buckshnis were doing whatever they could to push off the agenda was highly unprofessional. If the Council wants to get the budget passed, the Council needs to move forward and not let Councilmembers’ residence or the fact that they are on vacation affect the process. She was on vacation on the east coast last week and she called in. This is the second meeting Councilmember Buckshnis has missed in the last month. She understood people take vacations but it was relevant to continuing the meeting to Wednesday if the budget is not passed tonight. Council President Paine pointed out Councilmembers have had the budget since early October and have spent an enormous amount of time getting information from staff. Councilmembers provided input at the budget retreat, including a request not to have death by PowerPoint and staff delivered that. She has never seen the Council so well prepared, submitting amendments and motions. She wanted to continue that momentum and if the meeting needed to be continued, she wanted to have the ability to do that tomorrow night which is the reason she was proposing this. A lot of people are commenting and submitting emails which provides the Council a great deal of information. If the Council was unable to finish tonight and continued the meeting to tomorrow night, she was hopeful the Council could wrap up quickly. Councilmember Olson said her comments would focus on continuing this meeting to tomorrow night, something she was hearing for the first time tonight. She understood that Councilmember Fraley-Monillas remembered that happening in past years and that the code allows continuing a meeting. She asked if this was an acceptable thing to do from the standpoint of code, law and service to citizens since this is a special meeting about the budget which is important and something people cared about, and the public did not have Edmonds City Council Approved Minutes November 16, 2021 Page 10 notice of this and may not be available tomorrow. Mayor Nelson pointed out tonight is not a special meeting. City Attorney Jeff Taraday spoke to the legality of the motion, stating it was consistent with City code and the Open Public Meetings Act (OPMA), If city councils do not complete their business, they are allowed to adjourn their meetings to a date and time set forth in the order of adjournment and the City Code sets forth the specific process in such situation it can be done starting Wednesday at 7 p.m. if the Council does not finish its business. From a legality standpoint, it is strictly legal. Councilmember L. Johnson offered to make a motion to stop the obstructionism and threats and move on to debating the substance of the budget and extend the meeting to tomorrow night if that is necessary especially if the stalling continues. Mayor Nelson questioned how such a motion would be phrased or passed. Councilmember L. Johnson offered to rephrase. Councilmember Olson raised a point of order, pointing out there is already a motion. At Councilmember Fraley-Monillas’ request, Council President Paine restated the motion: TO CONTINUE TONIGHT’S MEETING, NOVEMBER 16TH, IF WE ARE NOT COMPLETED BY 10 P.M., TO TOMORROW, WHICH WOULD BE NOVEMBER 17TH, STARTING AT 7 P.M. UNTIL IT IS COMPLETED AND WE WOULD BE PICKING UP WHERE WE LEFT OFF. Councilmember L. Johnson said she would not make an amendment, she would just like to move on. COUNCILMEMBER FRALEY-MONILLAS CALLED THE QUESTION. UPON ROLL CALL VOTE TO CALL QUESTION CARRIED (6-0), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. UPON ROLL CALL, MOTION CARRIED (4-2) COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, AND OLSON VOTING NO. 2. PUBLIC HEARING DELIBERATIONS AND ADOPTION OF THE 2022 BUDGET COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO PROPOSE TO THE CITY COUNCIL THAT THIS IS A CONTINUANCE OF THE PUBLIC HEARING, IF THERE ARE PEOPLE WHO ALREADY CHIMED IN AND PARTICIPATED LAST WEEK IN THE PUBLIC HEARING THAT THEIR COMMENTS BE CONSIDERED PART OF THE RECORD AND THAT WE ENTERTAIN HAVING ONLY NEW SPEAKERS TO THE PUBLIC HEARING REGARDING OUR BUDGET BE CONSIDERED TONIGHT. Councilmember Olson said she could see restricting people from speaking to the same issue, but if this is a continued public hearing and another opportunity for citizens to weigh in on the budget, she did not support limiting speakers from speaking to something totally new and different. She did not support the motion. Councilmember Fraley-Monillas raised a point of order, asking for a clarification of the motion regarding whether this was to keep people from making comments or making redundant comments. Council President Paine answered this is the third public hearing on budget; the Council has heard from a lot of community members and people who are passionate about the City’s budget. She wanted to stay focused on hearing new voices so if any of the speakers have commented over the past two weeks, she wanted to ensure there were other voices as well. Edmonds City Council Approved Minutes November 16, 2021 Page 11 Councilmember Olson commented one of the issues brought up was there were no minutes available from previous meetings and people wanted to see the minutes and prepare comments. She was not in favor of limiting repeat voices on different subjects or elaborations that were nuanced differently. She understood Council President Paine’s point about not having people repeat themselves, but new comments from even returning commenters should be welcome. UPON ROLL CALL, MOTION CARRIED (4-2) COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, AND OLSON VOTING NO. Mayor Nelson opened the public hearing. Cynthia Sjoblom, Edmonds, thanked Councilmember Fraley-Monillas for repeatedly calling out citizens by name but did not believe that was allowed per MRSC rules and recommended she stop and stop now. She was appalled at what the Council was planning to do to avoid allowing citizens to participate by not holding the follow up meeting next Tuesday. It is crystal clear which Councilmembers do not represent citizens. She found it appalling and was glad there would be a change in the Council. She pointed out Jeff Taraday knows what the laws are, yet he repeatedly allowed Councilmembers to not adhere to the laws. She hoped and prayed that when Mr. Taraday’s contract was up that he was gone because citizens, she spoke for thousands, are not getting a fair shake. Every time the law is not upheld, it is like spitting on the grave of her brother and other soldiers who fought for this country. She said shame on Council President Paine and hoped she would be voted out if she ran again for not listening to what the public is saying. She said shame on the Councilmembers for foregoing the voices of the citizens and she hoped to protest the decision to continue tonight’s meeting to tomorrow. Mike Shaw, Edmonds, commented some people get overzealous in the comfort of their own home. Regarding the budget, he was one of many who disagree with viewing the Edmonds Marsh as a stormwater project because it was a limited and narrow vision. He recommended the designation on page 73 of the CFP/CIP be removed. Many people have talked about this is the past and he anticipated would continue to do so in the future and he hoped it would get done sooner rather than later. He reiterated what he heard others say about including annual funding for the Edmonds Marsh. There will be grants and if funds are included in the Edmonds Marsh Restoration and Preservation Fund, they can immediately be used for grant matches without a future process delaying action on the marsh. He recalled the Comprehensive Plan was to be updated last year to remove reference to the Edmonds Crossing project; that has not been done and he hoped it would be done in 2022 because it is a fly in the ointment with regard to the Unocal property and how the state looks at the property. Liz Brown, Edmonds, thanked the Council for their attention to the budget. She lives near the Madrona School and she and her husband are devoted walkers. The pedestrian improvements in the budget throughout the City are very welcome, a critical issue for safety. The Highway 99 improvements are also very welcome as they will create more of a neighborhood along Highway 99 and increase the number of crossings on Highway 99. Walking to Lake Ballinger, they see people taking their lives in their hands trying to cross Highway 99 in that area. She thanked the Council for the attention to human services; the pandemic has illustrated how many neighbors and friends live close to the ragged edge of economic collapse. The City stepping up to take a role in human services is an extremely important part of the fabric of caring for the shared community. She thanked Councilmembers Distelhorst and Fraley-Monillas for their service and said they would be missed. Deborah Lobe, Edmonds, a lobbyist at the state and federal level, told Council President Paine that under the constitutions, she could not selectively shut out the voices of people she did not want to listen to and that goes for all City Councilmembers. As a seasoned lobbyist, she was aware of the tricks that legislators at the federal and state level do when they want to shut out voices. Edmonds City Council Approved Minutes November 16, 2021 Page 12 Greg Ferguson, Edmonds, relayed the primary purpose of the Edmonds Marsh restoration should be to enhance its many ecological functions, not to improve its role as a stormwater basin. The Meadowdale Beach Park restoration project received grants from agencies such as the Washington Wildlife Recreation Program, Aquatic Lands Enhancement Account, the Salmon Recovery Funding Board, WFW Estuary and Salmon Restoration Program, and NOAA’s Coastal Marine Habitat Restoration Program. Funds from these sources would not be available for a stormwater basin project. He requested marsh restoration funds be removed from the stormwater utilities budget in the CFP. Janelle Cass, Edmonds, a civil and environmental engineer, referred to the previous speaker’s comments and many of the people who were honored tonight for restoration of the marsh, advocates for moving the marsh restoration from Stormwater to Parks, a holistic approach to funding opportunities for grants. Everyone wants the marsh to achieve its highest benefit to Edmonds. She encouraged the Council to take that action to ensure holistic restoration of the marsh. Next, she pointed out Mr. Chen is ahead in the polls and he lives near Highway 99. If the goal is to hear everyone’s voices, especially on the most important thing the Council does, the budget, she urged the Council to include Mr. Chen in the discussion and vote on the budget. The Council speaks a lot to equity, but there is a lack of diversity in Councilmembers making decisions. There is a great opportunity, but the Council is avoiding including the voice of someone who lives and has a business in that area who can bring that perspective. The Council is not walking the talk and she encouraged them to change how they doing things such as including Mr. Chen in the budget process. Neil Tibbott, Edmonds, he posed five questions to the Council as they consider the budget and incorporate decision packages into the final budget. 1. How will this Council incorporate new increases to the budget from the regional fire authority? 2. With the proposed increase in the number of staff and annual increase in expenses, how will the City balance its budget in the future? 3. What programs, services, and/or staff will we cut in the future in order to maintain a balanced budget? 4. What taxes will be raised in order to keep a balanced budget? 5. How will we maintain our reserves or replenish those reserves after they are spent down this year? Mr. Tibbott said he is asking these questions because he sees a lot of budget items that could be spread out to other years or some that could be postponed and funded through other sources like an infrastructure bill. He referred to decision package 71 related to funding new car charging stations, relaying his understanding after talking with industry experts regarding the future of EVs that battery charges last longer; 5-10 years ago they were 50-100 miles/charge and now they are 200-300 miles/charge. EV owners are also adding their own charging stations to be able to charge at home. In the past there were complaints from citizens about the expense to use City chargers. He was concerned the expense of $260,000 would be spent installing a resource that will soon become obsolete. Beth Fleming, Edmonds, said she called last week but wanted to speak about something different tonight, the marsh and other things. She echoed Mr. Tibbott’s questions. She referred to previous speakers’ comments about the marsh, agreeing it warranted further discussion so people could understand the reasoning for identifying the marsh as a Stormwater project versus Parks. She supported considering it in a holistic manner and ensuring it was eligible for any potential grant funds. She was concerned the proposed 2022 budget was not balanced and did not think this was the year or time to do that and preferred to be frugal. There are a number of big projects that are nice-to-have or want-to-have but are not need-to-have projects. She encouraged the Council to consider those issues in their deliberations. She thanked Council President Paine for clearly exposing herself tonight as an elected official who would make such an incredibly unconstitutional and offensive motion to try to block the voice of the people she represents. She urged her to think hard about that and anticipated people would remember that. Edmonds City Council Approved Minutes November 16, 2021 Page 13 Denise Cooper, Edmonds, referred to the part-time to full-time position and suggested consideration be given to reposting the position if it will become a full-time position with benefits. Further, the City should honor its diversity and look outside the Mayor’s pals since it has apparently been a challenge for Kelsey. She assured Council President Paine that she would not be forgotten and said shame on her and other Councilmembers who tried to silence the citizens of Edmonds speech. She found it deplorable and unconstitutional. Susan Hughes, Edmonds, expressed concern with what the Council was doing with the budget and why they were trying to rush it through. She agreed with Mr. Tibbott’s questions and comments. She asked if Council President Paine had another nasty name to call Mr. Tibbott. Councilmember Fraley-Monillas raised a point of order, stating the speaker’s comments were inappropriate. Mayor Nelson did not respond. Ms. Hughes continued stating the citizens will not forget what Council President Paine has done. She questioned why the Council was trying to push the budget through without allowing citizens to provide comment. She found it horrendous for a Councilmember to call citizens and candidates horrible names assuring that citizens see what she is doing. She questioned whether citizens could trust that Councilmembers have studied the budget packet, voicing concern with them voting on it when they could not even maintain a schedule. She questioned the Council’s process, asserting there was no process and it was made up as they went along. She found it horrendous to watch the City Council who was elected by the people to ignore citizens who were calling in with their concerns. Mayor Nelson reminded this a public hearing on the budget, and to keep comments related to the budget. Ron Eber, Edmonds, said he was seeing in the budget as a whole money being allocated for projects related to the marsh before there is an actual plan for doing the work, putting the cart before the horse. He urged the Council to put those funds in the Marsh Restoration Fund and follow through on what the Council voted unanimously to do last year, amend the Comprehensive Plan to take out reference to the Edmonds Crossing and have a policy statement about restoration of the marsh. Otherwise the other projects and expenditures are inconsistent with the Comprehensive Plan as it currently exists. He recommended docketing a Comprehensive Plan amendment in 2022 for work that was to have been done this year, but instead staff combined it with the broader Comprehensive Plan amendment in 2024. There needs to be a Comprehensive Plan amendment regarding the vision for the marsh before there are specific projects related to restoration. Hearing no further comment, Mayor Nelson closed the public hearing. Councilmember Fraley-Monillas raised a point of personal privilege, referring to Mr. Tibbott’s comments that Mayor Nelson would be raising taxes to pay for programs, and asked for clarification. Mayor Nelson advised he cannot raise taxes, only the Council can raise taxes. It was his understanding that property taxes were not being raised. Councilmember Fraley-Monillas asked for confirmation that taxes would not be raised to purchase EVs. Mayor Nelson said he had no plans do so. Mayor Nelson commented several of the amendments were proposed by a Councilmember who is not in attendance. Administrative Services Director Dave Turley relayed there are 48 proposals to add/remove items from the budget. Department representatives are present to answer questions, but the process for tonight’s deliberations is slightly different than previous meetings. Tonight he will introduce the proposal and the Councilmember making the proposal can provide an explanation. After discussion, a motion will be Edmonds City Council Approved Minutes November 16, 2021 Page 14 required for each proposal. If the Council was able to complete that process tonight, the next step would be a motion to approve the budget ordinance included in the agenda packet as amended by the changes approved tonight. Mr. Turley displayed and reviewed the proposals he has received: No. DP # or New Item Submitter Fund Description Expense Increase (Decrease) Revenue Increase (Decrease) Net Effect on Cash 1 New Staff/Rivera General Fund Add Municipal Court restructuring $265,008 (265,008) Mr. Turley explained this had been discussed in the Finance and PSPP Committees and full Council. The committees recommended approval as part of the budget process. The Council’s motion would be to approve the four decision packages related to the Municipal Court Restructuring. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE. Councilmember Olson asked for a clarification of the four items. Councilmember Fraley-Monillas restated the motion TO APPROVE WHAT THE COURT IS REQUESTING FOR A TOTAL OF $265,000. Councilmember Fraley-Monillas suggested the Court could provide further details. UPON ROLL CALL, MOTION CARRIED (5-0), COUNCILMEMBER DISTELHORST, FRALEY- MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. (Councilmember K. Johnson was having technical difficulties with her audio.) Councilmember Fraley-Monillas asked how long the Council needed to deal with this as it has been going on week after week. She suggested staff reach out to Councilmember K. Johnson in advance so this experience does not continue every week. Mayor Nelson declared a five minute recess to resolve Councilmember K. Johnson’s technology issues. COUNCILMEMBER K. JOHNSON VOTED YES ON THE PREVIOUS MOTION. 2 New Staff/Doherty BID Fund 140 Add Ed! Proposed budget (Business Improvement District) $87,680 79,209 (8,471) Mr. Turley explained Ed!’s budget is included in the City’s budget annually. At the November 9th meeting, Community Services & Economic Development Patrick Doherty shared Ed!’s work plan and budget with the Council. The budget would increase expenditures by $87,680 with revenues of $79,209. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO ADD ED! PROPOSED BUDGET (BUSINESS IMPROVEMENT DISTRICT). Councilmember Olson commented there were a lot of things she wanted to minimize because they spend more than she is comfortable spending. She asked if it was possible to separate out the additional expenditures and asked if that was the wayfinding signs. Mr. Doherty explained there are slightly more expenditures than revenues but Ed! still maintains a healthy fund balance. Their 2022 projected revenues Edmonds City Council Approved Minutes November 16, 2021 Page 15 are $79,209, ending fund balance $24,151, and total expenditures $87,680. The difference between revenues and expenditures comes from their ending fund balance, leaving $14,680, a healthy percentage of 18.5% of their ongoing revenue budget. Items to be funded from the fund balance in addition to revenues are afterhours parking program ($1500), creative messaging ($2000) summer marketing campaign ($4500) and February marketing ($1000). Councilmember Olson asked if all of this was from previous years’ BID funds. Mr. Doherty answered yes, it is all member fees, nothing from the General Fund. MOTION CARRIED UNANIMOUSLY. 3 New Staff/Doherty General Fund Add Satellite Office $166,576 $36,180 $(130,396) Mr. Turley recalled Mr. Doherty made a presentation to the Council on November 9th. This would add $166,576 in expenses with a revenue offset of $36,180. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE SPENDING FOR THE SATELLITE OFFICE UP ALONG HIGHWAY 99. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO. 4 New Various General Fund Add Contribution to ECA of $50,000 $50,000 $(50,000) Councilmember Fraley-Monillas, Council liaison to the ECA, reported the ECA is starting to come back in positive way but they still need support. In years past, the City has provided a contribution of $50,000 or $75,000. She recommended $50,000 for 2022 due to COVID. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE A CONTRIBUTION OF $50,000 TO ECA DUE TO COVID. Councilmember Olson suggest the Council consider not making a contribution from the General Fund and do it with ARPA funds, knowing there will be another round. She recalled the ECA asked for less than they had hoped to get in the last round and needed more which is what this budget item represents. Prior years’ budgets have included a contribution but she preferred not to approve this today and have them reapply for ARPA fund this year. Councilmember Fraley-Monillas encouraged Councilmembers to support the contribution, noting the ECA brings in millions of dollars in tax revenue. This is a part of them moving forward and funding their projects. Councilmember Olson said she was concerned the City was spending too much money. If the ECA was not funded with ARPA funds, she would suggest funding them via a first quarter amendment. As the Councilmember who represents the ECA, Councilmember Fraley-Monillas assured they need this money and they need it now. She asked Councilmembers to support the contribution. Mayor Nelson suggested in the interest of time that Councilmembers not repeat the same points. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND OLSON VOTING NO. Councilmember L. Johnson raised a point of order, requesting Mayor Nelson scroll through all Councilmembers to ask for comments before taking a vote. Mayor Nelsons said he is trying to scroll Edmonds City Council Approved Minutes November 16, 2021 Page 16 through. Councilmember L. Johnson asked how she could better inform him that she has comments. Mayor Nelson offered to scroll more slowly before he called for the vote. 5 New Buckshnis/ K Johnson General Fund Add 4th Avenue Cultural Corridor study/design $150,000 $(150,000) Councilmember K. Johnson advised Councilmember Buckshnis and she are sponsoring this but Mr. Doherty brought forward so she asked him to speak to it. Mr. Doherty explained the Creative District Advisory Committee sent a memo to Council recommending design development continue on the 4th Avenue Cultural Corridor. As the administrator along with Frances Chapin of the Creative District Advisory Committee, he forwarded the committee’s memo encouraging the Council to continue progress on the 4th Avenue Cultural Corridor after concept approval this year with further design development, 30% design. Councilmember Fraley-Monillas said including the 4th Avenue Cultural Corridor study/design is five times the amount for a part-time staff at the satellite center on Highway 99. She encouraged Council not to support it and if they were interested, only fund the first year at the same $30,000 allocated for the Highway 99 community center. Council President Paine said she would not be able to support this, recalling there have been a lot of comments throughout the year including concerns when the presentation was made to Council. There are equity distribution issues with infrastructure across the City and this would seem inequitable. Possibly this could be brought back after other parts of the City have been addressed in meaningful ways. Councilmember L. Johnson concurred with Council President Paine. Councilmember Olson suggested talking to the property owners in the area about financing it though a regional park district. She was unable to justify the expenditure given the amount of investment in that area. She acknowledged the City relied on this concept for getting the Creative District designation and this is a disappointment to a lot of people but in good faith and conscience she could not support. Councilmember K. Johnson reminded the Council had a presentation a few months ago from Mr. Doherty and Ms. Chapin and voted with a 100% majority to support the project and approved an amount to move forward. She asked Mr. Doherty to summarize that presentation, expressing surprise that the Council forgot the action taken a few months ago. Mr. Doherty said the presentation summarized the public process, provided options at a concept level, and shared the public’s preference (a hybrid of concepts) The City Council approved the concepts with instruction that whenever further design development was pursued, it would be a hybrid with cost savings. Councilmember Fraley-Monillas relayed the Council has approved development of Highway 99 and the need for a community center on Highway 99, but some Councilmembers vote against it. Using $30,000 against $150,000 for a cultural corridor study/design indicates some Councilmembers do not understand what occurs on the Highway 99 corridor. She encouraged Councilmembers to vote against this and if anything is done, the money should go toward Highway 99. [No motion was made] UPON ROLL CALL, MOTION FAILED (1-5), COUNCILMEMBER K. JOHNSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. 6 New K Johnson General Fund Add Marsh consultant contract to complete Windward study $60,000 $(60,000) Edmonds City Council Approved Minutes November 16, 2021 Page 17 Mr. Turley introduced this amendment, advising the funds would come out of the Council budget. Councilmember K. Johnson explained two years ago the City hired Windward to do a marsh ecological and environmental analysis. Two of the tasks were optional components; her proposal was to do those two this year; Task #5, a vegetation enhancement project using information gathered during Task #2 to identify specific areas around the marsh where dense or more diverse or otherwise better quality buffers which can be installed through volunteer vegetation enhancement projects and serve to improve the ecological functions within the marsh, and Task #6, preparation for a long term watershed management study in order to understand how the marsh, Willow Creek, Shellabarger Creek and the Shoreline Master Program restoration program all fit together. This task would be reviewed by a long list of stakeholders and would be the basis for moving forward on grants. The previous work was managed by Maureen Judge who obtained an estimate from Windward for completing these two tasks. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE $60,000 FOR TASKS #5 AND #6 WITH WINDWARD FOR THE MARSH CONSULTANT CONTRACT. Councilmember Fraley-Monillas commented she was Council President at the time Windward did their work and believed they did a very good job. Some Councilmembers were very critical of their approach which was upsetting to the staff at Windward. She supported having Windward competed these tasks. Councilmember L. Johnson asked how this lined up with DP 55, Edmonds Marsh Water Quality Improvements, whether they were complimentary or redundant. City Engineer Rob English answered DP 55 is related to runoff and installing water quality improvements in catch basins which is different than what Councilmember K. Johnson is proposing. Council President Paine commented $60,000 was within the Council budget for professional services and would leave approximately $2160. She was not opposed to the amendment, thought it was a good idea, and understood Windward did good job, but wondered if that left enough funds for professional services such training. She noted a first quarter budget amendment could be proposed if there were other items to be funded from the Council budget. She summarized this amendment would dramatically deplete the funds in the Council budget but she was supportive of the amendment as she was eager to see more studies done regarding the marsh. Councilmember Fraley-Monillas reiterated her support for this process with Windward. Councilmember Olson asked if there had been discussions with any of the marsh interested groups/parties regarding their support for this and whether they were interested in this next step. Councilmember Fraley- Monillas answered she was involved in the initial work that Windward did. Different people have different opinions regarding Windward. She found them nothing but professional and able to look at the issues. She voiced her continued support for Windward. MOTION CARRIED UNANIMOUSLY. 7 New K Johnson General Fund Add Subarea Planning Program, 1 new FTE @ $135K, plus $50K from Parks and $50K from Public Works $235,000 $(235,000) Mr. Turley introduced the amendment, explaining if this was approved, the fund for the $50,000 each from Parks and Public Works would need to be identified. Edmonds City Council Approved Minutes November 16, 2021 Page 18 Councilmember K. Johnson said she submitted a very detailed proposal. This idea was based on work she did in other cities. It is time to consider specific subareas in the City and programs in those areas. For example, there are a lot of housing recommendations, but how they fit is unknown. The City’s residential areas vary widely and what is good for Meadowdale may not be good for the Bowl or Highway 99. Her intent was to look closely at the environment, transportation, utilities, stormwater, etc. and tailor them to the subarea. Seven subareas were identified for the housing program and a subarea plan was recently completed for Highway 99. Two subareas could be completed each year which would allow all the subareas to be completed in four years. Councilmember K. Johnson continued, her proposal is to hire one full-time senior planner @ $135,000 with salary and benefits; their job would be to coordinate the effort of an interdepartmental team using the expertise in various departments. The person would also coordinate efforts of a community advisory committee and hold a series of meetings to help the public and the two committees decide how to move forward. The person would also coordinate a neighborhood enhancement program, $50,000 per subarea, which could be used to implement programs such as flower baskets, sidewalk crossings, stop signs, or other low cost projects that are important to the neighborhood but are often overlooked. The total annual cost would be $235,000; and she did not know from which fund the monies would come, but her proposal was $50,000 from Parks and $50,000 from Public Works because those are the type of programs that would be implemented by a neighborhood enhancement program. Councilmember Fraley-Monillas relayed she has gotten more than one comment regarding this and $235,000 would pay for a public information person on Highway 99 for 8 years. Most of the people who have reached out to her said this was too expensive for someone to work on subarea planning. Council President Paine suggested developing this idea further with the directors during the next year and return with a budget amendment so staff can assist with assessing the need. She recalled this being mentioned along with the Housing Commission, but she was reluctant to pursue this when the departments have not requested it and she wanted to ensure the departments would be able to use this resource. Councilmember Olson appreciated this coming forward in spite of the fact that it was a chunk of money. It brought together a lot of things that she had been thinking about throughout the year regarding a more holistic approach to the tree code, stormwater, and housing. However, she feared developing a blanket housing policy without a more global and holist look at the subareas would end up missing the mark. She was excited about developing subarea plans and suggested prioritizing the less served areas as the first two. She supported this proposal in spite of the huge price tag, anticipating it will prevent a lot of other expensive mistakes like stormwater problems such as the one on Talbot Road that cost $1-3.5 million due to not doing smart planning. Councilmember Distelhorst agreed with Council President Paine, pointing out doing a subarea plan with public engagement will require consultants and cannot be wholly accomplished by staff which will add to the cost of each subarea plan. He looked forward to this idea being more fully developed by the planning and development services department including more accurate estimates before bringing it back to Council in the future, especially as the new director started today. Councilmember L. Johnson said she also hoped this would come back to Council next year, but she did not have enough information at this time to support it and did not have time to research it further. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADD SUBAREA PLANNING PROGRAM, 1 NEW FTE AT $135,000, PLUS $50,000 FROM PARKS AND $50,000 FROM PUBLIC WORKS. Edmonds City Council Approved Minutes November 16, 2021 Page 19 Councilmember Fraley-Monillas encouraged Council to vote against the motion. She did not see the benefit and felt a $135,000 FTE to look at the issues was definitely a waste of money. It may be beneficial in the future but right now it was an overreach. Councilmember K. Johnson pointed out $135,000 is the mid-range for a senior planner’s salary and benefits, the level of expertise for someone working in this capacity. The $100,000 for neighborhood enhancement would be separate. She suggested making this a two part ask, first, hire the subarea planner and they can help develop the program along with the new community development director and move forward as soon as possible. Councilmember Olson asked if that would change the expense to $135,000 instead of $235,000. Councilmember K. Johnson answered yes. Councilmember K. Johnson restated the motion: TO HIRE THE SENIOR PLANNER AT THIS POINT BECAUSE THERE IS A PERIOD OF TIME FOR CREATING PROGRAM, DISCUSS IT WITH THE DIRECTOR AND GET THINGS IN MOTION. IT WOULD BENEFICIAL TO HAVE THIS AS A NEW HIRE IN THE GENERAL FUND AND WORK OUT THE DETAILS IN 2022. Councilmember Fraley-Monillas again encouraged the Council to vote against this because regardless of whether it was $235,000 or $135,000, it was a lot of money to spend. Councilmember K. Johnson raised a point of order, stating Councilmembers were repeating themselves. Mayor Nelson agreed there was a lot of repetition but Councilmembers should respect each other and avoid interruptions. Councilmember Fraley-Monillas continued, going from $235,000 to $135,000 is still an abominable amount to expect taxpayers to pay. She suggested the new Council can make a decision whether to pursue this in the future but at this point there is not a enough information. UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS K. JOHNSON AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. 8 New K Johnson Tree Fund 143? Did not specify Add a tree retention incentive 2-year pilot program, $250K per year $250,000 $(250,000) Mr. Turley introduced the amendment, assuming the funding would come from Tree Fund 143 but it was not specified. Councilmember K. Johnson said she has been thinking a lot about public comments and feedback from citizens about the Council’s attempts to regulate trees and the stiff penalties for destruction of trees has not been successful. Her proposal was to use a carrot approach rather than using a stick approach. The City already has a specimen tree program; it would be helpful to determine how to incentivize that, reward people who want to add their specimen tree to the City’s register and allow a certain number of trees per year or person. She wanted this to be a pilot program to see if it was effective. It would be better to have citizens engaged in helping figure out how to maintain the tree canopy instead of punishing them. The destruction of trees seems to correlate with how tight the regulations are in the tree code. Other jurisdictions have found their tree codes result in the loss of trees and canopy. She did not have the idea completely figured out, but wanted to set aside funds and then work with the City’s new tree forester, the environmental manager, and the new community services director to design a program. Edmonds City Council Approved Minutes November 16, 2021 Page 20 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO SET ASIDE $250,000 FOR A 2-YEAR PILOT PROGRAM TO INCENTIVIZE TREE RETENTION IN THE CITY OF EDMONDS ON PRIVATE PROPERTY. Councilmember Distelhorst referred to DP 29 regarding tree fund spending authority and asked if the beginning fund balance for Tree Fund 143 was zero. Mr. Turley said if this amendment was approved, the funds would come from the General Fund. Councilmember Distelhorst said he would not support the amendment as the beginning fund balance of Tree Fund 143 is nil and there is already a decision package related to the tree fund. Councilmember K. Johnson pointed out she just had the idea, but did not have a specific fund in mind and did not think that should be a determinant whether to fund the amendment. Councilmember Olson expressed interest in the concept, specifically stormwater fee rebates for citizens with trees on their property. She preferred to work out a plan before setting aside funds. Councilmember Fraley-Monillas agreed with Councilmember Olson, commenting this amendment had not been well thought out and was not helpful for anyone. She did not support the amendment. UPON ROLL CALL, MOTION FAILED (1-5), COUNCILMEMBER K. JOHNSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Mr. Turley referred to the instructions he sent to Councilmembers regarding the types of proposals they could make. He cautioned against making proposals without identifying a funding source as an ordinance cannot be passed without clearly identifying a funding source. The preliminary budget is balanced per state law; if $250,000 was added to the tree fund, it would not be a balanced budget which would violate state law. 9 New Paine Street Fund Add an additional $20K for sidewalk repairs, specifically grinding and shimming $20,000 $(20,000) COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADD AN ADDITIONAL $20,000 FOR SIDEWALK REPAIRS, APPROXIMATELY 250 ADDITIONAL SIDEWALK REPAIRS, THAT INCLUDES GRINDING AND SHIMMING TO MAKE SURE THERE ARE SAFE WALKING PATHS. Councilmember Distelhorst expressed support, recalling discussions with Public Works about other items in the budget and agreed this would be a good addition. MOTION CARRIED UNANIMOUSLY. 10 1 Buckshnis/K Johnson General Fund Remove REDI Program Manager $(155,677) $155,677 Councilmember K. Johnson said she did not think this position was necessary, questioned whether it would be an ongoing cost or could be done by a consultant, and why it was under the direct management of the Mayor when it should be under a director. For those reasons, she did not support the REDI Program Manager. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE THE REDI PROGRAM MANAGER. Edmonds City Council Approved Minutes November 16, 2021 Page 21 Councilmember Fraley-Monillas commented this amendment is absolute absurd, removing the REDI program manager is like saying there are no issues related to discrimination in Edmonds. She will continue to support the program and encouraged Councilmembers not to support the motion. Councilmember Distelhorst said this is a critical, high priority item in the budget moving forward for the community. He was talking to some residents today to help them understand REDI work; it needs to be built into all the City’s systems and departments. It needs to be at the staff level and in City administration. The public agency he works for has this position as do several other public agencies. He looked forward to bringing a more equitable focus to the City administration and residents in the future. Councilmember Olson offered an amendment for a 3-year contract for a REDI program or a 3-year short term staff position like was done with the code writer. It was not that she thought there was only three years of work, but she believed it was something that was a culture and had to come from every staff member. She has experienced reviewing an ordinance and finding language about gender that needed to be changed. She anticipated over time an external person would be needed once the systemic things are addressed and everyone has been trained. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, THAT INSTEAD OF REMOVING THE REDI PROGRAM MANAGER, MAKE IT A 3-YEAR CONTRACT OR 3-YEAR STAFF POSITION INSTEAD OF AN ONGOING FOREVER POSITION. Councilmember Olson pointed out even before things were added, this budget used $7 million in reserves and she did not see that obligating funds on an ongoing basis was sustainable. She was not picking on this item as evidenced by her vote against things by virtue of the fact that the City did not have the money to spend. Councilmember L. Johnson said the decision package for the REDI program manager along with fully funding Human Services Division are the two items she has received the most wholehearted support from citizens. She acknowledged the cost of this, but this manager can be beneficial within City functions as well as outwardly when engaging with the public. She referred to incidents in other cities, anticipating if they had had a position like this that could identify things before they became an issue, possibly the city could have saved money and avoided a legal issue. She viewed this as something the City desperately needs but also a bit of an insurance policy. She viewed it as money well spent for a number of reasons and she was in fully support of retaining the REDI program manager in the budget. Mayor Nelson pointed out the time was 9:57 p.m. Anticipating the Council would not complete its discussion by 10 p.m., Council President Paine suggested having a couple more comments and continuing discussion tomorrow. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND TO 10:15. Council President Paine asked if the Council could extend the meeting. Mr. Taraday answered the Council can always extend the meeting. He anticipated Council President Paine’s question was whether it had any impact on the Order of Adjournment. Whenever this meeting ends tonight, whether it is 10:15 or 10:30, if the Council is not done with its business, the Order of Adjournment states the meeting will start tomorrow at 7 p.m. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER L. JOHNSON VOTING NO. Edmonds City Council Approved Minutes November 16, 2021 Page 22 Council President Paine said there did not need to be a time limit on this work. That decision can be made in the future if at some point it no longer served a purpose. She emphasized the need for having this position in place; she has heard on a weekly basis about inequities across the City. The City’s programs, policies and procedures need expert review by the managers and directors and someone who can provide expertise and training. This position is crucial, particularly now due to the times we are living in. There was terrible unrest last year including protests and awareness about inequities; there are a lot of changes in behaviors and approaches that could be supported by this position. She did not support limiting it to three years. Councilmember Olson suggested adding the legislative intent, when and if this passes, continuing the position be looked at a minimum of every three years. Mayor Nelson suggested voting on this motion first. UPON ROLL CALL, AMENDMENT FAILED (1-4-1), COUNCILMEMBER OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO; AND COUNCILMEMBER K. JOHNSON ABSTAINING. UPON ROLL CALL, MAIN MOTION FAILED (1-5), COUNCILMEMBER K. JOHNSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE REDI PROGRAM MANAGER IN DP 1. Mr. Turley advised a motion to approve was not required for items already in the budget. A motion was only needed if the Council wanted to remove it. COUNCIL PRESIDENT PAINE WITHDREW THE MOTION. 11 2 Buckshnis/K Johnson Various Remove VEBA contribution for Non- reps $(22,200) $22,200 Councilmember K. Johnson said this was Councilmember Buckshnis’ proposal not hers She was simply asking what VEBA stood for. Mr. Turley answered it was Voluntary Employee Benefit Account. 16 11 K Johnson General Fund Remove Police Dept Mid-Level Mgmt Positions $(266,385) $266,385 Councilmember K. Johnson said she did not have her notes on this, but recalled there was a question about overtime pay added to the original payment for the positions. She was not opposed to the mid-level management positions but how they were funded, entirely by overtime of $85,000/person. She asked if the Council could come back to this amendment. Mr. Turley said the Council could possibly come back to it tomorrow night. Councilmember Fraley-Monillas said, “those have gone through process so if we bypassed them that means we’re not going to support it one way or the other.” Councilmember Olson asked if that was correct parliamentary procedure. Mr. Taraday answered tomorrow night’s meeting is a continuation of tonight’s meeting. There is nothing that says the Council has to consider the items on the spreadsheet in exactly this order. Just because items are skipped does not mean they are skipped forever. For example, if Councilmember Buckshnis shows up tomorrow and wants to speak to her items, she would be able to do so. Edmonds City Council Approved Minutes November 16, 2021 Page 23 Mr. Turley explained this is the City Council’s meeting, not his meeting. The Council has a lot of latitude, for example, someone could make a motion to approve or deny all the proposals on the spreadsheet. Councilmember K. Johnson said she found her notes on this amendment. It assumes $58,000 in overtime per base salary per person which is what she found objectionable. Giving people a new salary description at a higher rate of pay would be one thing, but giving them $58,000 in pay for their base salary seems unreasonable. COUNCILMEMBER K. JOHNSON MOVED TO REEVALUATE THE MID-LEVEL POLICE DEPARTMENT MANAGEMENT POSITIONS SALARY TO EXCLUDE THE $58,000 IN OVERTIME FOR THEIR BASE SALARY. MOTION DIED FOR LACK OF A SECOND. 17 13 K Johnson General Fund Remove Police Dept Body Camera Program $(731,088) $731,088 Councilmember K. Johnson explained she did not want to remove the program entirely. Her question was whether there could be a phrased approach to spread the cost over several years for a testing period or does state law require implementation of body cameras in 2022. COUNCILMEMBER K. JOHNSON MOVED TO CONSIDER A PHASED APPROACH TO SPREAD THE COST OF BODY CAMERAS OVER SEVERAL YEARS IF STATE LAW ALLOWS. MOTION DIED FOR LACK OF A SECOND. As the Council will be continuing its consideration of amendments tomorrow, Mr. Turley repeated the instructions provided earlier; there cannot be changes proposed to the preliminary budget that contemplate ideas or concepts. The ordinance requires funds numbers and dollar amounts. For example, a Councilmember can propose removing or adding positions with a specific amount, but a Councilmember cannot propose an idea or concept such as spreading an expenditure over several years. He was hopeful Councilmembers could come better prepared with their decision package proposals tomorrow so the process could be more efficient. Councilmember Olson asked if Mr. Turley could update the total revenue and expenditures based on actions tonight and provide that at the beginning of tomorrow’s meeting. Mr. Turley agreed. 3. PROPOSED 2022-2027 CAPITAL FACILITIES PLAN (CFP) & CAPITAL IMPROVEMENT PROGRAM (CIP) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS 11. ADJOURN In accordance with ECC 1.04.020 and RCW 42.30.90, as the Council had not completed its business by 10 p.m. (extended to 10:15 p.m.) by Order of Adjournment, the Council meeting was recessed and adjourned until 7 p.m. on Wednesday, November 21, 2021. The meeting will resume at the point in which the November 16th meeting was adjourned. The meeting was recessed and adjourned at 10:15 p.m. Edmonds City Council Approved Minutes November 16, 2021 Page 24 Public Comment for 11/16/21 Council Meeting: From: Marisa and Gergo Wallace/Hegyi Sent: Tuesday, November 16, 2021 7:56 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment Hi council, I strongly advise against any defunding for social services, including public health related projects. We need to support our community more than ever with diversion programs, community outreach, and less of an emphasis on policing. Especially adding funding to police. Use that same money for the social “program” you are worried about. Upstream thinking - take action on preventing crimes of poverty that an officer would otherwise have to enforce. Looting? Stealing? Ask yourself why this is happening in the first place and then take action on supporting those individuals in crisis so they don’t need to steal food or other basic items. Thank you for your support, A registered voter in the 98020 area (Marisa Wallace) From: Comcast Sent: Tuesday, November 16, 2021 5:44 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment:budget Thank you Mayor, Council President, and Council Members, First, I would like to thank CM Distelhorst for his representation and his visions for sustainable and environmentally-centered approach for Edmonds. Additionally, he has brought inclusivity and accessibility to the forefront for all Edmonds’ residents. “Edmonds for all” is a model that is appreciated. His foresight will be missed. Next, I am concerned about the proposed cuts to the proposed budget. It looks as though we are gutting the budget at the core of, let’s just call it, kindness and environmental impacts. “Lack of planning causes poor performance” were wise words once spoken. If we remove the plans for rooftop solar program and replace it with some type of gas-blower, we continue to be dependent on fossil fuels and decrease any positive carbon sequestration. Programs like solar plant renewal and grant application for land acquisition(s) (that can be used to protect our remaining tree canopy and open space), need to remain in the budget. We need to ensure that Perrinville Creek lower restoration program, Green Streets and Rain Gardens are included. Additionally, any monies for Edmonds Marsh need to be set aside and moved out of storm water and into it’s own line items such as an Edmonds Marsh Restoration. Parks, open spaces, wooded areas, and such, are just a few of the factors that determine what is considered a “healthy city”. Isn’t that all of our goals? Edmonds City Council Approved Minutes November 16, 2021 Page 25 We must do everything that we can do to close the carbon gap and create a sustainable, accessible future for all. Respectfully submitted, Donna Murphy (Edmonds) Run Fast/Play Hard From: Ron Eber Sent: Tuesday, November 16, 2021 4:53 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment - Marsh Restoration Dear Council: Plan first and spend on specific projects later. The Budget is still backwards and puts the cart before the horse. It allocates funds for projects in the Parks and Storm Water CFP/CIP plans inconsistent with the current comprehensive plan and before it is properly updated as budgeted for in 2021. Remove the funds from the Parks and Storm Water CFP/CIP plans (as noted in prior testimony) and place them into the Marsh Restoration Fund along with the $450,000 dollars unspent from last year. The money allocated by the Legislature for the purchase of the Unocal property should also be noted and place there. Finally, before authorizing any specific projects for the restoration of the Edmonds Marsh, amend the comprehensive plan to delete all the inconsistent provisions for the defunct Edmonds Crossing and finally adopt provisions and goals calling for the ecological restoration of the Marsh. This must be done FIRST before specific projects proceed. This was approved in the 2021 Budget but was combined with a broader update of the comprehensive plan set for 2024. This delay is inconsistent with the Council’s prior action and unnecessary. It can and should be done in 2022 so that appropriate planning for the restoration of the Edmonds Marsh can finally proceed. Reasons provided for the delay during the public outreach for the 2024 update are without merit. Council can and should approve scheduling (docketing) the plan amendments for 2022 under the City Code (20.00.010). Thank for considering these suggestions and comments. Ron Eber Edmonds City Council Approved Minutes November 16, 2021 Page 26 Edmonds, WA From: joe scordino Sent: Tuesday, November 16, 2021 1:36 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; citycouncil@lynnwoodwa.gov Subject: Inserting Council Intent in Edmonds 2022 Budget Approval - especially for excess stormwater in Perrinville Creek Watershed During one of Vivian's public gatherings about budget, there was mention of the need to get Council INTENT into the budget documents so that City staff are actually doing what the Council intends when it approves the annual budgets. Although the Council's Q&A on staff budget proposals has been effective in clarifying staff proposals and voicing Council intent for approval, what doesn't seem to happen is necessary revisions to the budget proposals unless the Council formally votes to amend them. Without something in writing in the budget document that commits City staff adherence to their responses to Council, it leaves staff totally unaccountable for their responses during Council Q&A, and allows them to sway away from Council intent in approving the budgeted items. The inclusion of legislative intent in budget approval is not uncommon in government - just look at the U.S. Congress and State Legislature appropriation bills. Council has several times asked why the City has not been working with Lynnwood to develop a joint solution to the excess stormwater issue in the Perrinville Watershed. In the minutes of the Council's 2011 meetings, there is reference to the City working with Lynnwood on a plan to install a diversion system above the Perrinville Post Office that would divert excess stormwater from Lynnwood and Edmonds through a pipe under 76th Ave (alongside the Lynnwood sewer pipe) to drain directly to Puget Sound - but instead City staff pursued more studies rather than a joint solution. I urge the Council add INTENT language to the appropriate 2022 Decision Packages to REQUIRE City staff to work with Lynnwood to develop a joint Perrinville Watershed Restoration Plan. Decision Packages #53, #59, #60 need to be modified to include Council intent that City staff MUST work with City of Lynnwood on implementing the DP and drafting a Perrinville Watershed Restoration Plan and submiting it to Edmonds and Lynnwood City Councils for public input and joint approval. Edmonds City Council Approved Minutes November 16, 2021 Page 27 Further, the issue of excess stormwater going down storm drains into creeks is not unique to Perrinville Creek, we are seeing excessive erosion in Yost Park and terrible sedimentation throughout Shell Creek that is inhibiting salmon spawning success in the Creek. Rather than just replacing old storm drains on roadways, the City needs to investigate if/how those storm drains can be infiltrated to reduce/eliminate stormwater flow into over-capacity creeks. Decision Package #58 - Recommend the Council add Council intent that City staff will also investigate infiltration of the storm drains identified for replacement, and implement infiltration systems for storm drains where possible. Lastly, several decision packages are extremely vague on what the funding would actually be used for, and Council needs to not only ask for specific information, but require that the specific information be included (and committed to) in the budget document as part of the Council INTENT to provide the funding requested. For example, Decision Package #55 has no explanation whatsoever on what (proven?) technologies will be used to apply water quality treatment at individual storm drains along a State Highway. The concept is great, but the Council (and public) need to know what it entails and chances of success/failure given the cost to taxpayers of over a million dollars. It should NOT cost anywhere close to a million dollars if it is just a feasibility and conceptual design study. From: berniebusch Sent: Tuesday, November 16, 2021 12:48 PM To: Council <Council@edmondswa.gov> Subject: Citizen comments to the Council To the Members of the Edmonds City Council; I am sending you a written copy of what I intend to say at the meeting tonight. In case I don’t get to speak due to time constraints, I would like you to read my comments: Citizen Comments to the Edmonds City Council November 16, 2021 Good evening and thanks Council members for your proclamation recognizing the many volunteers from all over Edmonds who are working to help restore the marsh/estuary. As a recent (two-year) resident of Edmonds, I'd like to say that I am amazed by the professional expertise and vision as well as the willingness to do the physical work that groups such as the Save Our Marsh group (SOM) have provided to our city, what an asset they all are. Edmonds City Council Approved Minutes November 16, 2021 Page 28 The Council must continue to act to preserve and enhance the ecological functions of the marsh. This city property will become an important wildlife sanctuary and a recreational asset for the community but You must be proactive; take the initiative to make this a reality. You can begin by taking the carryover money of $450,000 that is to be used to provide matching funds for future marsh improvement grants, and place it in the Marsh Restoration Fund in the 2022 budget and hopefully add to that every year in future budgets so that when the time comes, and it will come, within the next few years, we'll have the money to match the grants that we request from the state and federal government. It is especially important, going forward, to remove the “stormwater” capital facilities plan for marsh restoration found on page 73 of the CFP/ CIP. Parks and Recreation is the correct department to oversee the environmental work that needs to be done to professionally restore the marsh and enhance this area for wildlife as well as create a major nature preserve for education, research and recreation for Edmonds and vicinity. The marsh is not simply a storm water basin. As the Save Our Marsh Committee has pointed out, this is a critical time in the development of an extremely valuable and significant resource. Please allow them to provide you with important consultation and expertise that many of SOM’s knowledgeable, professionally trained members are volunteering to offer to the city as you move forward with marsh restoration. We all want what is best going forward for Edmonds. Please facilitate building bridges and consensus among us. Model civility and be receptive to innovative ideas and enlightening information from your constituents. Thank you for this opportunity to talk to you. Bernie Busch Bernie Busch “We don’t inherit this land from our ancestors, We borrow it from our children” Cree Native American Proverb From: Megan Wolfe Sent: Tuesday, November 16, 2021 11:16 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Comments on the Budget As an Edmonds resident I'd like to express my strong support for parts of the budget proposal that I see as a huge benefit to our entire community. I strongly support the new REDI position. Edmonds City Council Approved Minutes November 16, 2021 Page 29 There is no excuse for not putting significant funding and effort behind this important work. By opposing this important position, you are saying a lot about yourself and none of it is good. I also strongly support the human services budget proposal. In the current climate, there is no way we can cut these important services! It is cruel and awful to look at cutting or eliminating this funding that would directly help the people of Edmonds during a very difficult time. It shows extreme privilege to be discussing cutting these programs. I also strongly support expanding the bike lane network and all the important environmental work that would help our community restore and sustain important natural areas. It is important to look at the budget as a moral document that tells the people of Edmonds that council does actually care about their well-being and not just about scoring cheap political points that help no one but themselves. I encourage the council to keep these important elements in the budget! Thank you, Megan Wolfe Westgate Neighborhood Resident From: Marcia L. Miller Sent: Monday, November 15, 2021 5:17 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Don Miller Subject: Urgent Budget Concerns Dear Edmonds City Council Members, We are longtime residents of Edmonds, since 1965 and 1979, and would like to urge you to take action now on several important budget decisions. 1. We urge the Council to fully fund Human Services for the city. This is needed both now and for a positive future for all our residents. Do not defund this department. 2. We strongly believe in the importance of the REDI manager position for our city. Please promote and include this position in the budget. It is clear that we all, in this city, have much work to do regarding race, equity, diversity, and inclusion. 3. We do not approve of the stalling of these budget decisions. Do not delay or postpone till next year. We have elected you to do your jobs and make these decisions now. It's hard work, but we need you to do it. We appreciate all that the Mayor and City Council have done these past couple years to help improve our beloved hometown. Thank you for your efforts. Sincerely, Edmonds City Council Approved Minutes November 16, 2021 Page 30 Marcia and Don Miller Ballinger Triangle Edmonds, WA From: finis tupper Sent: Monday, November 15, 2021 5:03 AM To: Feser, Angie <Angie.Feser@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: CIP/CFP 2022 Dear Ms. Feser: Please find attach a letter from Paul Mar, City of Edmonds former Community Services Director to Bret Carlstad, Edmonds School District #15 about the zoning designation and use rights of the Old Woodway High School. This letter confirms the nonconforming use rights of the Old Woodway High School and was copied to the current acting Development Services Director Rob Chave. Our current City Attorney Jeff Taraday is also well aware of the content of this letter. The information in this letter was not provided to the hearing examiner at the time of the phase I approval. It was only discovered after the LUPA complaint was served on the city. Nothing has changed, in terms of zoning and the current use rights status of the property per our zoning code. Both our Planning Department and City Attorney know this land-use law and have failed to provide your department, council public this information. I respectfully request the Community Park & Athletic Complex Phase II be removed from the 2022 – 2027 Six-Year Parks Capital Improvement Program. PRK 8. Yours truly, Finis Tupper Edmonds WA 98020 Edmonds City Council Approved Minutes November 16, 2021 Page 31 Edmonds City Council Approved Minutes November 16, 2021 Page 32 Edmonds City Council Approved Minutes November 16, 2021 Page 33 Edmonds City Council Approved Minutes November 16, 2021 Page 34 Edmonds City Council Approved Minutes November 16, 2021 Page 35 Edmonds City Council Approved Minutes November 16, 2021 Page 36 From: Jeanne Petty Sent: Thursday, November 11, 2021 11:25 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Support for Public Services and Keeping Budget Plans on Schedule I am a resident, homeowner and parent in the city of Edmonds. I grew up nearby in Shoreline and have lived in this beautiful city for 12 years. I want to thank our council members for all of the work they've done recently to support our local community during the pandemic and to try and build a more accessible and welcoming city for everyone. Thank you for being willing to learn and grow, to listen to your residents and to acknowledge that racism, classism and other forms of descrimination are built into our institutions and need to be addressed. I'm sorry that recent council meetings have been filled with a small, extremely vocal group trying to tell you that you're not listening to your constituents and trying to act like the comments section on some of our local news outlets are legitimate representations of our city. Neither of those things are true. I'd like to express my support for keeping the budget on schedule and not delaying! The schedule is reasonable and in keeping with previous years. I am also in support of maintaining and growing critical human services and other community support items that ensure that ALL of our residents are taken care of. Thank you SO much for addressing the fact that we need to include all of what is geographically Edmonds, I support the plan to add city buildings to the corridor on 99. Allowing our local restaurants to maintain outdoor seating has helped keep local businesses going and given higher risk residents an option to be social and enjoy getting out in our city without fearing for their health. I'm sorry those of us who care about these issues and support them have not been more present and vocal at your regular meetings. I know so many people in our community who care about these issues, but like myself they are busy working within our school district, within great organizations like Kids in Transition, our local food bank and so many other efforts, sometimes we forget that supporting our leaders in making these critical decisions is imperative. Thank you again, Jeanne Petty From: Carol Junglov Sent: Wednesday, November 10, 2021 2:04 PM Edmonds City Council Approved Minutes November 16, 2021 Page 37 To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Council Meeting of Nov. 9, 2021 Dear Edmonds City Council: I listed to the council meeting last night and want to voice my support for the Neighborhood City Office by Safeway. The space sounds like it will work well for many uses and be a positive addition to the neighborhood. I also want to say that I have loved the outdoor dining enclosures and the designated parking for To Go order pick-ups in the downtown area during the pandemic. I have used both many, many times and had it not been for them, I would not have frequented the restaurants and spent money thus providing tax dollars to the City during the pandemic. With winter approaching, even though I am vaccinated, I am still not comfortable eating in a restaurant in Snohomish County as there is no requirement for all patrons to be vaccinated. I will continue to order takeout and I will continue to eat at the outside tables and support our local restaurants. I love seeing the lights in the enclosures on dark winter nights, it brightens up downtown. Thank you all for your time and energy for serving on the council. You take a lot of abuse from the public, not sure why anyone would want to sit in your seats. Carol Junglov