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2023-03-07 Regular Meeting Edmonds City Council Approved Minutes March 7, 2023 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES March 7, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember STAFF PRESENT Oscar Antillon, Public Works Director Dave Turley, Administrative Services Director Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm. Serv. & Econ. Dev. Dir. Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Olson read the City Council Land Acknowledge Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Buckshnis. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO EXCUSE COUNCILMEMBER BUCKSHNIS’ ABSENCE DUE TO VACATION. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. TREE BOARD ANNUAL PRESENTATION TO CITY COUNCIL Janelle Cass, Chair, Tree Board, reviewed: • Tree Board’s main purpose: The City of Edmonds Tree Board actively encourages the planting, protecting and maintaining of trees for the long-term benefit to our community. Edmonds City Council Approved Minutes March 7, 2023 Page 2 • Tree Board Members 2022 Member Council Sponsor Janelle Cass (Chair) CM Tibbott Bill Phipps (Vice Chair) CM Buckshnis William Grant CM K. Johnson Andy Lyon CM Chen Wendy Kliment CM Olson Chris Eck (July-Dec) CM Paine Suzanne Juergensen (Jan-Mar) CM Paine Crane Stavig CM L. Johnson/CM Nand Ross Dimmick (Alternate) CM Olson/CM Tibbott Chair Cass thanked tree board members for their efforts including attending meetings, noting the tree board has had a quorum for every meeting. • City Council Liaisons o CM Laura Johnson Jan-Oct o CM Jenna Nand Oct-Dec • Year in Review 2022 o Contributed volunteer hours toward Tree City US status for the 12th year o Provided input for tree code amendments o Created informational tree signs for Edmonds in Bloom Tour o Co-sponsored Earth Day activities at Yost Park (tree planting) and ivy pull at Pine Ridge Park o Planned Edmonds celebration of Arbor Day October 8, 2022  30 conifers (tended throughout the summer by Bill Phipps)  Purchased 40 small to mid-sized trees  2 larger trees for raffle • Photos of Earth Day 2022, tree planting at Yost Park and ivy removal at Pine Ridge Park • Tree Board Members 2023 Member Council Sponsor Term Expires Janelle Cass (Chair) CM Tibbott 12/31/25 Bill Phipps (Vice Chair) CM Buckshnis 12/32/23 Kevin Fagerstrom CM Teitzel 11/28/23 Andy Lyon CM Chen 12/31/25 Wendy Kliment CM Olson 12/31/23 Crane Stavig CM Nand 11/28/23 Christine Eck CM Paine 12/31/23 Ross Dimmick (Alternate) CM Olson/CM Tibbott 12/31/23 • Tree Board Current Work o Continue to advise on the Tree Code updates o Continue education and stewardship – Earth Day, Edmonds in Bloom, Farmer’s Market, Arbor Day o Begin interactive public education on critical areas as they pertain to tree removal o Continue to partner with community organizations to plant and preserve trees such as Sierra Park and Lion’s Club o Help to update recommended homeowner tree list Councilmember Olson commented she had a warm spot in her heart for the tree board and appreciates everything they do. Edmonds City Council Approved Minutes March 7, 2023 Page 3 Councilmember Nand expressed appreciation for the hours that tree board members spend every month doing deep dives into the code on things the council does not have time to do. Councilmember Chen echoed the appreciation for the tree board’s dedication and volunteering to beautify the City. He recalled how popular the tree giveaway event was at the Farmers Market. He relayed a concern expressed by citizens about debris falling onto their property, roofs, and gutters from a neighbor’s 100-foot tall trees during storms. He asked if that would be within scope of tree board. Chair Cass answered there is an arborist on the tree board, but maintenance of trees on private property is a private responsibility. She recalled Councilmember Chen’s appointee, Board Member Lyon, mentioned Councilmember Chen’s concern and she will put it on the board’s April agenda. Maintaining trees can be burdensome and expensive; possibly there are funds available to help homeowners maintain their trees because it is better to maintain trees than lose them. Councilmember Chen relayed he planned to visit the property owner this weekend to see what can be done. Councilmember Paine commented she loved her time on the tree board. She asked about the tree board’s plans for the coming year. Chair Cass answered Earth Day, continuing to helping with the code and establishing recognition for special or unique tree species. Sometimes heritage tree programs can be a burden to property owners but there are some remarkable trees in Edmonds that the tree board would like to acknowledge. Education such as regarding critical areas is also on the board’s work plan, and assisting with the robust public outreach. Councilmember Paine asked if the tree board was looking at changes to tree selection based on climate change and climate resiliency, noting some cedars are better for warmer weather such as Incense Cedar. Chair Cass answered there are some board members who are knowledgeable about trees species. She recalled receiving a public complaint about a magnolia tree that was dropping debris on the sidewalk and creating a hazard. The board is considering how to advise on issues such as that. Councilmember Paine agreed tree responsibility and sidewalks is always an issue whether it is related to leaves or roofs. Councilmember Teitzel thanked the tree board for their great work. He referred to tree planting in Yost Park for Earth Day, relaying his understanding the park used to be populated with cedar, fir and spruce but they were largely cut for the mills hundreds of years ago and the park is now largely populated with alder which are more short lived. He asked if the trees that are being planted are more durable species that will last longer. Chair Cass answered the parks department is very cognizant about succession planting; over 100 trees have been planted at Yost Park, but there is capacity for thousands more. That is a park department specialist issue, not necessarily the tree board. She was certain if board members did not agree with the species being planted, they would be very verbal about it, but board members seemed pleased with the species that were chosen. In response to Councilmember Chen’s suggestion, Councilmember Nand suggested collaborating with public works and parks regarding responsible tree ownership in 2024, to educate about property owners about who is responsible for a tree planted on public or private property that hangs over another property. 5. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND THE AGENDA TO MOVE ITEM 9.2, CITY ATTORNEY ASSESSMENT COMPARATOR CITIES, TO THE END OF COUNCIL BUSINESS. UPON ROLL CALL, AMENDMENT CARRIED (5-1), COUNCILMEMBERS TEITZEL, CHEN, OLSON, PAINE AND NAND VOTING YES; COUNCIL PRESIDENT TIBBOTT VOTING NO. Edmonds City Council Approved Minutes March 7, 2023 Page 4 MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for audience comments. Jessie Owen, Edmonds, diversity commission member, thanked the council and mayor for their commitment to accessibility in Edmonds. She recognized the City’s deliberate attempts to continue accessibility including updating parks. There are a lot of people with different ability levels who visit the City’s parks, not only children, but also parents who want to be able to access public facilities. There are more projects that need to be undertaken in government buildings, public and private businesses, and parks. She thanked the City for what has been done so far and indicated she will probably meet with council and the mayor to encourage them to make the City accessible for all. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. CITY ATTORNEY ASSESSMENT SURVEY RESULTS 3. COMPREHENSIVE PLAN GAP ANALYSIS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. Councilmember Nand requested Item 8.7, Adoption of Ordinance for Minor Development Code Amendment Process in ECDC 20.80 (AMD2022-0005), be removed from the Consent Agenda and moved to Council Business. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING/AUDIT EXIT CONFERENCE MINUTES OF FEBRUARY 17, 2023 2. APPROVAL OF SPECIAL PSPHSP COMMITTEE MINUTES FEBRUARY 21, 2023 3. APPROVAL OF REGULAR MEETING MINUTES OF FEBRUARY 28, 2023 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 5. APPROVAL OF CLAIM CHECK. 6. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 8. RESOLUTION EXTENDING TEMPORARY EMERGENCY SICK LEAVE POLICY ITEMS REMOVED FROM CONSENT 1. ADOPTION OF ORDINANCE FOR MINOR DEVELOPMENT CODE AMENDMENT PROCESS IN ECDC 20.80 (AMD2022-0005) (Previously Consent Agenda Item 7) COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO MOVE THIS ITEM TO COUNCIL BUSINESS ITEM 9.5 SO SHE CAN OFFER AN AMENDMENT. Councilmember Paine suggested moving it to Item 9.1 as the City Attorney Assessment of Comparator Cities was council business and could be last on the agenda and may allow some staff members to leave the meeting prior to that item. Councilmember Nand agreed. Edmonds City Council Approved Minutes March 7, 2023 Page 5 COUNCILMEMBER NAND RESTATED THE MOTION: TO MOVE THIS ITEM TO COUNCIL BUSINESS AGENDA ITEM 9.1. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL BUSINESS 1. ADOPTION OF ORDINANCE FOR MINOR DEVELOPMENT CODE AMENDMENT PROCESS IN ECDC 20.80 (AMD2022-0005) Councilmember Nand proposed the following amendment to Section 20.80.015.C which she emailed to councilmembers, Mr. Taraday, Ms. McLaughlin and Mr. Clugston prior to the meeting, to create an intermediary step between the Planning and Development Directors discretion about what is considered a minor code amendment before presenting it to council, “Review process. The Planning and Development Director periodically prepares a package of amendments for review and present them first to the relevant City board, commission or committee which provides citizen input to the City Council on that section of the code. If the relevant board, commission or committee agrees that the recommended code amendments are “minor” and approves of the format and substance of the director’s recommended update by a majority vote of its body, then the director may present these proposed amendments to the City Council on their consent agenda. At its discretion, the Council may: 1. Approve the entire package; or 2. Remove one or more of the proposed amendments from consent for additional discussion about the suitability of an amendment for the minor process or remove an amendment from the minor process roster altogether for processing as a major amendment as described in ECDC 20.80.020 and then approve the remainder of the package.” A MOTION WAS MADE BY COUNCILMEMBER NAND AND SECONDED TO ADD THE ABOVE LANGUAGE TO 20.80.015.C. Councilmember Nand explained the reason she was proposing this amendment is to retain citizen input and guarantee the relevant board or commission agrees that the changes are considered minor and also agrees with the formatting and language changes to the code. As the tree board liaison, when this process has been brought to the tree board, occasionally board members will disagree that something is characterized as a minor code amendment and want to provide feedback on the formatting and language changes to improve readability. She wanted to preserve the opportunity for citizen and layperson input into these code amendments before they come to council because the relevant board, commission or committee has more time to delve into the code changes and have discussion with the relevant staff person before it comes to council, especially on the consent agenda. Councilmember Teitzel expressed his support for the amendment. He referred to the agenda memo which states the proposed process would involve creating a list of minor code amendments on a quarterly basis to be presented to council on their consent agenda. However, page 8 of the February 7, 2023 meeting minutes state, “Councilmember Paine observed minor code amendments will come to council twice per year. Mr. Clugston answered that that is the intent.” Councilmember Teitzel asked if the intent was to have minor code amendments come to council once per quarter or twice per year. Planning and Development Director McLaughlin answered subsequent to the February 7, 2023 hearing, there was council interest expressed in making the minor code amendment processes more frequent which was totally fine with staff. If there is no content on a quarterly basis, that would be reported to council. Councilmember Teitzel liked the idea of having minor code amendments provided to council quarterly. He referred to the code language which states periodically and asked if it needed to state quarterly. Ms. McLaughlin said she would defer to the comfort of council. Staff is committed to providing them Edmonds City Council Approved Minutes March 7, 2023 Page 6 quarterly; quarterly it is actually easier for both council and staff to manage as it avoids presenting a long list of minor amendments. That was acceptable to Councilmember Teitzel. Councilmember Paine relayed her understanding that the planning board considered this and discussed what would be considered minor and not minor. The planning board agreed amendments would be minor as long as no policy study was needed. With Councilmember Nand’s amendment, she asked how much of a burden it would be to provide minor amendments that do not require any policy study to the tree board, planning board or other board. Ms. McLaughlin shared the definition of a minor code change: • No policy implication • Restructuring code sections • Simple reformatting • Address redundancies, inconsistencies • Remove outdated reference • Addition or subtraction of elements that: o Do not change the meaning of the current code; o Do not result in changes to the code intent; o Do not increase requirements and/or fees. Ms. McLaughlin explained the purpose of proposing a minor code amendment is to expedite the code modernization work to make it more legible, more accurate, more user-friendly and represent best practice. The planning board supported taking minor code amendments directly to council. If staff had to present minor code amendments to boards and commissions, it would negate doing a minor code amendment process as it would just be the normal process and would take the same amount of staff time. The whole point of expediting minor code amendments is to allow staff to work on major code amendments that the council is equally if not more interested in. Councilmember Paine expressed her preference for staff to bring minor code amendments to council in logical batches however many times a year it makes sense. Councilmember Olson said she always likes the idea of consulting with residents and volunteers, however, minor code amendments are intended to promote clarity, eliminate redundancy or correct inconsistencies, and minor zoning amendments to correct grammatical labeling or similar errors on the official zoning map. The minor code amendment process provides an option for councilmembers to pull an amendment from the consent agenda and have it go through the process. When minor code amendments are proposed, as councilmembers are reading through the packet and have concern about an amendment, they can reach out to a board member and if the board member affirms the concern, the councilmember could pull it from the consent agenda and not treat it as a minor amendment. She was comfortable with this approach as proposed due to the nature of amendments that would be handled this way. She did not support the motion. Councilmember Chen expressed appreciation for the discussion and the information and clarity provided by Ms. McLaughlin. He also appreciated Councilmember Nand’s intent to get more public input from boards and citizens. As explained, the minor code amendment process is well written and well thought out and intended to expedite minor changes. He expressed support for the intent of getting more input and engagement from the public, but in this case he will vote no on the motion because the amendments are minor in nature and the intent is to expedite the process. Councilmember Nand, the tree board liaison, provided an example of what is considered a minor amendment in this process but tree board members did not consider a minor code amendment: changing the classifications of a tree based on the width of the trunk and the amount of the permit fee from a paragraph format to a table format. That sparked an involved discussion whether it would be readable to the public and whether it clearly conveyed the policy in the code which is literally the tree board’s job. That is the type of discussions that board members are deeply involved in and they have the knowledge, Edmonds City Council Approved Minutes March 7, 2023 Page 7 time and energy during their monthly meetings to engage in those discussions. She questioned removing board members who are deeply involved in the code from providing feedback before amendments come to council on the consent agenda. She assured she was not implying staff would not exercise good judgment about formatting changes that would improve the code. Including the step that her amendment provides would give council confidence it had already been vetted by the relevant board, commission or committee before it comes to council on the consent agenda. The function of boards, commissions, committees is to provide citizen input; she wanted to preserve their role in the process and did not think it would be overly burdensome to staff if 4-6 times a year they presented minor code amendments to boards, commissions and committees for concurrence that they are minor code amendments. Ms. McLaughlin suggested Councilmember Nand not use specific references as no minor code amendment packages have been proposed yet. She was unaware of the reference Councilmember Nand provided and it was not part of the minor code amendment package. It may have been vetted with the tree board but there is no proposal yet. Councilmember Nand said she wasn’t using that as a substantive proposal, she was using it an example having seen this process play out in her role as liaison on the tree board. UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS TEITZEL AND NAND VOTING YES; COUNCILMEMBERS CHEN, OLSON, AND PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING NO. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADOPT AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 20.80 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED “TEXT AND MAP CHANGES,” TO ADD A NEW STREAMLINED PROCESS FOR ADOPTING MINOR AMENDMENTS TO THE ECDC. Councilmember Teitzel relayed his understanding that the proposal is for scrivener’s errors such as typos, misspellings, etc. that will go directly to Code Publishing for correction. It was his understanding those corrections had been done by ordinance in the past. He asked why it was done that way in the past, whether there was a legal requirement to correct scrivener’s errors by ordinance. City Attorney Jeff Taraday answered he was not sure it was an accurate statement to say scrivener’s errors have always been brought to council through a legislative process in the past. He would need to research all the times a scrivener’s error was corrected to determine that, noting he likely would not even be aware of all the times a scrivener’s error was corrected; for example, someone notices a typo or misspelling and corrects it. Mr. Taraday explained a scrivener’s error is basically the same thing as a clerical error. When one looks up scrivener’s error in Black’s Law Dictionary, it refers to the definition of clerical error which is defined as, “an error resulting from a minor mistake or inadvertence and not from judicial reasoning or determination, especially a drafter or typist’s technical error that can be rectified without serious doubt about the correct reading.” Mr. Taraday assumed this definition contemplated a courthouse setting where a court reporting creating a record of people’s testimony, the court reporting might mistype a word when transcribing the testimony. The record is done and the trial is over, but upon review of the record someone realizes the court reporter mistyped a word; it can be corrected without reopening the trial, putting the witness back on the stand, etc. That can be analogized to the legislative process; if someone mistypes a word in an ordinance and it is realized after the fact, the ordinance does not need to be brought back to council to deliberate and vote on again to correct the mistyped word. From an efficiency standpoint, Mr. Taraday said his understanding of a scrivener’s error would be something less than a minor code amendment, something that does not even rise to the level of a minor code amendment and can just be corrected because there is no doubt as the definition states, “can be rectified without serious doubt about the correct reading.” If there’s doubt, it becomes a minor code Edmonds City Council Approved Minutes March 7, 2023 Page 8 amendment and it comes to council. Councilmember Teitzel responded that made sense and he had no problem with correcting scrivener’s errors in that manner as long as there is no legal reason that prevents handling them in that manner. Mr. Taraday said he was not aware of anything that prevents correcting scrivener’s errors administratively and without further legislative process. He would be surprised if there was law to the contrary. Councilmember Teitzel referred to Chapter 20.80.015.B.2 which states, “this process is used for minor zoning map amendments to correct grammatical labeling or similar errors on the official zoning map.” He relayed a concern that grammatical errors could qualify as scrivener’s errors so there seems to be a lack of clarity regarding the difference between scrivener’s errors and minor code amendments. He was concerned some things may be processed as scrivener’s errors but would qualify as minor code amendments. He asked if there was a judgment call that the council should be aware of. Ms. McLaughlin responded in understanding the definition of a clerical error in more detail, the minor code amendment definition is conservative with regard to the items that would be handled via that process and what staff intends to correct as scrivener’s or clerical errors. The council is likely seeing much more than they need to by the letter of law under the definition of clerical error. Since this is a new process and potentially will apply to the entire code and not just the ECDC, Councilmember Teitzel requested council see a package of scrivener’s errors once a quarter under Received for Filing so council has a sense of what is going through that process; no formal action would be taken, it would be informational only. He asked if that would be reasonable. Ms. McLaughlin was uncertain what that would look like and how it would be tracked. It sounds more laborious than it needs to be, but it is at the discretion of council to request that. Councilmember Teitzel commented he did not mean to add to staff’s workload, but felt it would be important because the volume could be high, especially initially, as the code rewrite progresses. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NAND, TO REQUEST STAFF SUBMIT A PACKAGE ONCE PER QUARTER OF SCRIVENER’S ERRORS SUBMITTED DIRECTLY TO CODE PUBLISHING FOR THE COUNCIL’S INFORMATION. City Clerk Scott Passey commented it is a very routine process to correct scrivener’s errors with Code Publishing. Typically 2-3 ordinances are sent to Code Publishing at a time; often there are a number of questions from Code Publishing related to references that are repealed or outdated and lots of scrivener’s errors are rectified in real time via email that he passes onto staff. Correcting minor scrivener’s errors is an ongoing task, corrections that are not substantive and that do not have policy implications. Councilmember Teitzel referred to 20.80.015.B.2 which states, “minor zoning map amendments to correct grammatical, labeling, or similar errors…” Those could be very minor in nature and could easily qualify as scrivener’s errors so he felt it important that council watch that process for a while and could discontinue it in the future. Councilmember Nand spoke in favor of the request. It was her understanding Councilmember Teitzel was not making a motion but directly requesting that from staff. There are a lot of active citizens in Edmonds who pay attention to changes in the code so having more publication regarding changes as they are being made would be better. If staff was comfortable with that request, she felt it would be helpful. Council President Tibbott asked if there was a review function that shows where corrections of that nature were made and would it be a simple thing to produce. Ms. McLaughlin answered she would need to look into the process to determine if it would be expeditious. If there isn’t a way to do a query like that, it will be a laborious thing to track. Mr. Taraday relayed his concern that there are several points in the process where a scrivener’s error could be corrected. Some are corrected via the clerk’s office; anyone reviewing Edmonds City Council Approved Minutes March 7, 2023 Page 9 an ordinance could see a mistyped word and decide it needs to be corrected. He was concerned about the procedural steps that would be required to bring all those to council, anticipating there would almost need to be a central clearing house that does not currently exist to log all those scrivener’s errors. He was concerned with over promising and under delivering because with this request, he could see even with the best intentions, someone could correct a misspelled word but not inform the clearing house that they did so and it doesn’t get reported to council. He summarized there was no structure in place that he was confident in representing to council that every time a misspelled word is corrected, it would be reported to council. Council President Tibbott relayed he struggled with supporting the amendment and adding this requirement to an ordinance. He could foresee someone reading a document and the context clearly illustrates the word should be “trail” instead of “trial,” and correcting that in the moment. He did not support the amendment, noting perhaps examples would be helpful, but it did not need to be included in the ordinance. Mayor Nelson joked perhaps the clearing house could be a task force made up of spelling bee champions. UPON ROLL CALL, AMENDMENT FAILED (2-4), COUNCILMEMBERS TEITZEL AND NAND VOTING YES; COUNCILMEMBERS CHEN, OLSON, AND PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING NO. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS TEITZEL, CHEN, OLSON, AND PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER NAND VOTING NO. 1. DIVERSITY COMMISSION ANNUAL REPORT AND NAME CHANGE Community Services/Economic Development Director Todd Tatum explained tonight the diversity commission will report on last year’s work, the work ahead and a recommended name change. This work is transformative to those who engage in it. The Latin roots for the word compassion mean to suffer with. When a city turns its efforts to uncovering people’s challenges in equity, inclusion or accessibility, the staff engaged in that work are faced with the struggles of others and compassion is a common outcome. He has seen this compassion turn people from being project and process focused to being focused on improving outcomes and people’s well-being which are central to the role in government. This is important work and it benefits everyone. He and the diversity commission members are grateful to talk with council tonight. Diversity Commission Chair Elaine Helm reviewed: • Commissioners & City Staff o Elaine Helm, Chair o Jeanett Quintanilla, Vice-Chair o Dipti Chrastka o Anil DeCosta o Pam Iverson o Jessie Owen o Alison Alfonso Pence o Ardeth Weed o Robert White o Dave Teitzel, Council Liaison o Megan Luttrell, City Program Coordinator o Molly Jay, Diversity Commission Coordinator o Todd Tatum, Director of Community Services/Economic Development • Our Mission Edmonds City Council Approved Minutes March 7, 2023 Page 10 o To promote and embrace diversity through action, education and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. - Chapter 10.65 ECC o Serve as a commission for city government and the community by providing information, education, and communication that facilitates understanding of diversity and celebrates and respects individual differences. o Recommend to the mayor and city council diversity opportunities to promote programs and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. o Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination • Historically the commission had three committees o Events o Partnership o Policy • Event Committee Accomplishments o Diversity Film Series o Fourth of July Parade o DEI + Inclusive Language toolkit o Lunar New Year o MLK Day event support o Juneteenth collaboration o Pride month parade o Several events remain hampered by COVID, but we continue to work on:  Ongoing film series  World Café  Youth Café • Partnership Committee Accomplishments o Rehabilitating DEI toolkit with Chamber o Introducing Language Guide to community partners o Addressing outdated and harmful homeowner covenants o Collaboration with Edmonds Police Department o Partnering on the discrimination portal o We continue work on:  Visibility of community safe spaces  Collaboration with nearby cities and their DEI commissions  Relationships with community groups and business organizations • Policy Committee Accomplishments o Participated in REDI job description o ADA Compliance & Accessibility recommendation o Ranked-choice voting recommendation o District-based council positions recommendation o Edmonds homeless recommendation o DEI training recommendation o Incident response and one late 2021 portal response o Misdemeanor with hate element recommendation o We continue work on:  Help council with DEI issues  Update city web page with DEI language guide  Update city web page with DEI resources • Grant Contributions o 2022 Grant Awards Edmonds City Council Approved Minutes March 7, 2023 Page 11  Edmonds Center for the Arts: 2022 WE SPEAK Festival - The festival on January 27, 2022, is a celebration of spoken word bringing together professional artists and local students around themes of social justice and community connection.  League of Women Voters of Snohomish County - Storytelling and Listening: Initiating Intentional Action event on January 8, 2022. The purpose is to increase generative dialogue around equity and inclusivity.  Sno-Isle Libraries Foundation - Sugar Skulls Making Workshop with Art Amanaranth Mobile School  Awarded two grants for 2023 - International Women’s Day - Community Outreach and Education • Summary + Future o We quietly and quickly react to acts of discrimination in Edmonds. We promote dignity and kindness through our events, partnerships, and policies. We connect hundreds of citizens with our film series. We promote inclusion through our toolkits and resources. o For 2023 our priorities are: 1. Engage with city council and community partners 2. Communicate through new and renewed channels 3. Educate ourselves and the community through meetings and events • Name Change o The commission unanimously agreed to propose an amendment to city ordinance to transition our name to Diversity, Equity, Inclusion, and Accessibility (DEIA) Commission. o This name better reflects the needs of our community and the evolving understanding that diversity alone is not enough. To achieve equitable outcomes for all, we must strive to make city policies, programs, and events inclusive and accessible. DEIA is consistent with standard language for related government programs and helps city residents find us online Diversity Commission Member Jessie Owen explained the City has made genuine and authentic commitments to diversity and the council has taken action toward that in a few specific ways in decision making, prioritizing projects and diversifying recruitment for boards and commissions. Being diverse isn’t enough anymore; the City needs to be more equitable and have a more equitable outcome for everyone. Broadening the commission’s scope to include equity, inclusion and accessibility can better prioritize and focus on systems that make the City more equitable. A truly inclusive group or city is diverse; but a diverse group isn’t necessarily equitable or inclusive or accessible to every member of the community. It is time to switch the language to show the City is progressive. Edmonds was one of the first to have a diversity commission and the commission wants to continue being pioneers and an example to the state and country. Part of that is switching the language. The federal government has switched their language to DEI and Edmonds wants to continue pushing for accessibility as well so everyone has access. Chair Helm explained the commission discussed options for a name that might be shorter or rearranging the letters in the acronym to spell IDEA for example, but there is a federal program for accessibility and education that uses the IDEA acronym. The intent was an acronym that was universally understandable and connected to the work the commission is doing related to diversity, equity, inclusion and accessibility that will not be confused with anything else. Although the commission name is a bit of a mouthful, DEIA shortens it somewhat and people will get used to it. Mr. Tatum reviewed: • Ordinance to change the commission name o 10.65.010: Establishment and purpose of the Commission  There is hereby created an Edmonds Diversity, Equity, Inclusion, and Accessibility (DEIA) Commission consisting of 9 members. Edmonds City Council Approved Minutes March 7, 2023 Page 12  The mission of the Edmonds Diversity, Equity, Inclusion, and Accessibility Commission is to promote and embrace diversity, equity, inclusion, and accessibility through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. The Commission helps to identify actions which the city government can take to improve equitable access and address adverse impacts of past policy and conditions. impacts of past policy and conditions. o 10.65.020: Appointment, membership and terms of appointment  The Edmonds Diversity DEIA Commission will seek to attract members that are interested in diversity, equity, inclusion, and accessibility issues, can respect different viewpoints, are action oriented, and have personal experience that will provide empathy and community understanding regarding issues of diversity and will contribute to a diverse commission. o 10.65.040: Powers and Duties  The commission is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to other boards and commissions on such matters as may be specifically referred to the commission by the Mayor or City Council, including, but not limited to:  Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity DEIA and to celebrate and respect individual differences.  Recommend to the Mayor and City Council DEIA diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. • Staff Recommendation o Approve changes to ECC Chapter 10.65 to include the terms Inclusivity, Equity, and Accessibility in the Commission’s name and purpose as proposed in tonight’s packet COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE CHANGES TO ECC CHANGING THE COMMISSION'S NAME FROM DIVERSITY COMMISSION TO DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY COMMISSION AND INCLUDING THESE EXPANDED TOPICS IN THEIR POWERS AND DUTIES. Councilmember Olson expressed appreciation for the conversation held at the committee, commenting it won her over. She agreed with the statement about DEI and DEIA being searchable terms which is critical. She had been concerned about the length of the commission name, commenting she finds other lengthy names to be a stumbling obstacle. She hoped the commission would use the acronym which is well known and everyone knows what it refers to. She thanked the commission for their patience in explaining the rationale for the lengthy name. Councilmember Paine commented the work the commission has done reflects the change, growth and movement to get beyond diversity to include equity and inclusion and none of that is possible without accessibility. The name is changing in the federal government and nonprofits including the nonprofit board she is on that serves people with disabilities and helps them find employment. There can be diversity, equity and inclusion, but without accessibility, there is still a structural barrier. She appreciated the thoughtfulness of the commission of addressing the structural and institutional barriers that have existed in the past and bringing the community together. She loved the idea of bringing back the World Café and was glad to see “Crip Camp” was part of the diversity film series. Councilmember Nand recalled the PSPHSP Committee had a robust discussion regarding the name change. As someone with an ADA listed disability, it was exciting to have accessibility added to the commission. People have erroneously directed concerns about accessibility to the City’s disability board, Edmonds City Council Approved Minutes March 7, 2023 Page 13 which is related to benefits and claims for LEOFF 1 retirees, and has nothing to do with the broader conversation about disabilities so the name change to Diversity, Equity, Inclusion and Accessibility is especially important. Since DEI and accessibility is so important to the younger generation who are experiencing trauma related to the George Floyd murder, CHOP in Seattle, and other things society has not experienced since the 1960s, she suggested the commission include a young person on the commission. Councilmember Olson raised a point of order, suggesting Councilmember Nand’s comments were not germane to the motion. Mayor Nelson ruled point taken. Councilmember Nand summarized the name change is wonderful. With the addition of accessibility to the name, she was aware that people with mobility issues keep a list of places in the City that are difficult to access and she suggested the commission consider those in late 2023 or 2024. Commissioner Owen said the commission is planning to consider the equity of accessibility. For example Highway 99 is not quite as accessible as some other areas of the City. Councilmember Chen commented as the former council liaison to the diversity commission, he witnessed how hard they work and how passionate they are. He has met with Commissioner Owen on occasion and appreciated her perseverance, acknowledging it may seem like it takes a long time to get things accomplished. He recalled in early 2021 there were accessibility issues identified at Yost Park; it took six months for the accessibility to the portable restroom to be addressed, but it did get done. He has seen a tremendous amount of progress since he got involved with City government. He gave credit to not just the diversity commission but the entire City for working together. He acknowledged there is a lot of ground to cover and a lot of things to overcome. He expressed support for the name change. Councilmember Teitzel expressed support for the change and appreciated the thought given to it and the passion the commission brings to the issue. The name change brings a more holistic view of diversity by including accessibility. As the commission liaison, he looked forward to working with the commission this year. MOTION CARRIED UNANIMOUSLY. Councilmember Olson pointed out the possibility of partnerships in south Snohomish County. There are many things that can be celebrated and putting on events requires a lot of effort. Rather than each city putting on events, she suggested south County cities work together to support and advertise each other’s events so efforts are not duplicated. She had heard that the City may not be doing the best job of making religious people feel welcome. That is not mentioned in the mission statement and she wanted to remind the commission that religious residents need to feel a welcoming environment in Edmonds. She recognized the commission’s efforts related to Juneteenth and bridging Juneteenth and the 4th of July. What she loved about Juneteenth was the recognition that not everyone was free when the country begin celebrating the 4th of July, something poignant to keep in mind in bridging those two holidays with a diversity, equity, inclusion and accessibility focus and bring those two holidays together and make them meaningful as a continuum and bridge and the healing that goes with that. Chair Helm agreed Edmonds DEIA Commission does not have to do all the events themselves. There is a tendency and lots of ideas to do everything, but there are wonderful partnerships to be had with individuals in the community such as Alicia Crank who put on the Juneteenth to 4th of July bridging event in partnership with the Herald last year. There are other organizations and cities the commission can partner with. She was excited about the commission’s focus this year, leaning into those relationships and communication to amplify and extend the work being done so everyone in the community is aware and can participate fully. Edmonds City Council Approved Minutes March 7, 2023 Page 14 3. PROPOSAL TO CHANGE TO BIENNIAL BUDGET Administrative Services Director Dave Turley said he was asked to talk about moving toward a biennial budget. This was discussed last year and the year prior, but at that time the council did not move forward with a biennial budget so this is a reintroduction to the topic. There is no decision or recommendation tonight. There will be an opportunity at the budget retreat at the end of April to discuss it more thoroughly. He reviewed: • Noteworthy discussion points: o Biennial budgets have to begin in an odd year. The next time a biennial budget could be done is 2025-2026. o The city will be replacing its Enterprise Resource Planning (ERP) system during the next 2-3 years. We will be selecting the new ERP system within a few months. A decision needs to be made about whether the new ERP should be configured for an annual budget or a biennial budget before the selection is made.  ERP system is the entire financial accounting system. Every financial transaction goes through the ERP. Eden is the City’s current system and is going away in a few years.  New ERP system must be configured for the City and for an annual or biennial budget. - For example, Lynnwood which utilizes Munis (a Tyler Technologies product), their system was configured for an annual budget rather than a biennial budget and will be very difficult to reconfigure o Biennial budgeting is not just budgeting, it is also financial reporting o Operating under a biennial budget instead of an annual budget frees up hundreds of hours in every odd-numbered year – e.g., 2025, 2027, 2029, etc. o A biennial budget schedule allows more time during the first 18 months of the biennium to monitor and evaluate the city’s financial performance and condition. The consensus among finance people and council members who are currently on a biennial budget is that it allows more time and opportunity for Council to provide financial review. o A biennial budget schedule would allow time in the odd years to undertake major changes, like implementing “Budgeting by Priorities” for example. o The term for an appointed councilmember ends when the election is certified – this year it will be November 28. This causes a conflict by seating a new councilmember during budget deliberations and has the potential to happen in any odd year. This occurred on our own Council in both 2021 and 2023. Under a biennial budget the new budget is passed in even years, so this conflict would never happen. o A biennial budget would have no negative impact on planning and budgeting for large capital projects (e.g., Civic Field, Highway 99 Revitalization) as these already involve multiple years, and a biennial budget would actually be more practical when planning for multi-year projects. o For context, many of our neighbors are already on biennial budgets, including Lynnwood, Bothell, Mountlake Terrace, Shoreline, Marysville, Kirkland, Kenmore, Mill Creek, Arlington, Snohomish, and Stanwood, and is considered a “Best Practice” among government professionals. Among large local governments, King County has been on a biennial budget for a decade. o Snohomish County on February 22 approved the change to a biennial budget. Council Chair Jared Mead called it a “positive step towards more responsible budgeting and forecasting.” Council member Nate Nehring said it will also “reduce the politics involved in the budget process,” since it will occur outside of election years. Nehring and fellow Council member Megan Dunn proposed the ordinance together. Both said the change would improve overall efficiency. (from a February 24 article in The Everett Herald by Kayla J. Dunn) o There will be ample time during the April retreat to have an in-depth conversation about a biennial budget. This presentation tonight is intended to be a brief introduction of the topic Edmonds City Council Approved Minutes March 7, 2023 Page 15 for council members who may not have been on Council during previous discussions, or for members of the public not familiar with the topic. o See additional information and sample budget preparation schedules in your packet. Council President Tibbott commented this has given him a lot of food for thought. He hoped the council would not delve into a lot of questions tonight as there will be an expert on municipal budgeting at the April retreat and that will be a great time to ask questions and get further clarity regarding implementation. He appreciated the benefits of biennial budgeted that Mr. Turley summarized. Councilmember Teitzel looked forward to learning more about biennial budgeting in April. He recalled Mr. Turley explaining it is very difficult to change the ERP from an annual to biennial budgeting cycle which means a decision should have been made regarding a biennial budget when a decision was made on the ERP. He asked why that did not happen. Mr. Turley explained the City is in the process of selecting an ERP system. Brian Tuley will be the project manager for the first 6-8 months; he sent an email today asking about the requirements which include whether the City plans to use an biennial or annual budget. He and Mr. Tuley will be meeting tomorrow to discuss the requirements for the new system. A decision needs to be made by council before a new ERP is selected. Councilmember Nand thanked Mr. Turley for sharing the horror story from Lynnwood. She asked whether the City was locked into having Tyler Technologies as the ERP provider and if they were dominant in this software niche. Mr. Turley answered the City’s current ERP, Eden, is owned by Tyler and Munis is a natural progression from Eden because they are both owned by Tyler and technically the integration and implementation of the new system should be easier because Tyler is already on site once a month and know the City’s operations well. Some research has been done into new systems; Munis receives very mixed reviews. People like the system, it’s very suitable for cities Edmonds’ size, but people are frequently not happy with the support they receive because Tyler is a big company and are very remote. That information will be taken into account when a decision is made. For the most part, once Munis implemented, people are pretty happy with the product. 4. 2023 CARRYFORWARD BUDGET AMENDMENT Administrative Services Director Dave Turley reviewed: • 31 carryforward amendments • If approved, this budget amendment would increase forecast revenues by $5,108,518 and would increase budgeted expenditures by $10,586,547 • The request for tonight is to approve the budget amendment ordinance as included in tonight’s packet as presented or as amended. Mr. Turley introduced the title of each proposed carryover amendment and invited council questions: Edmonds City Council Approved Minutes March 7, 2023 Page 16 • Green Streets - $75,000 Council President Tibbott said this question applied to all the amendments. He asked if this carryforward was more than what was approved in the previous budget. Mr. Turley answered to his knowledge, there was only one, vehicles that were approved last year, supply chain issues prevented their purchase and the price increased. That is divided into a separate decision package so it is easy to see. Council President Tibbott recalled some green streets projects have been proposed and the council decided not to include them in the budget. He asked for clarification of this amendment. Mayor Nelson asked if this project was previously approved by the Council. Mr. Turley explained green streets was approved as one of the categories of ARPA spending via Ordinance 4259. Council President Tibbott relayed his understanding this was design/background work for green streets. If no projects were currently funded, he asked whether the information would be relevant in 5 years. Planning & Development Director Susan McLaughlin explained in 2023 the council decided to postpone the green street 10% design on 236th. The City was already under contract with a consultant to prepare 10% design documents as well as create a green street prioritization network. After that council decision, the scope was changed to create a green streets manual for Edmonds to define what a green street is, address the scale of green stormwater infrastructure and anticipated cost, and incorporate the map of potential investment for green stormwater infrastructure that would yield the most benefit. Previous feedback from council included what is a green street, why are they so expensive, why were 236th and Dayton selected, etc. This would put together a package to take a comprehension look at green streets for the City and would be relevant in 5 years. • Consultant review of building permit projects - $76,000 • 4th Avenue Cultural Planning Project - $34,000 • Rooftop Solar Grant Program (grants to individuals) - $150,000 • Upgrade City’s online code presence - $12,000 • Planning division public engagement related to development of tree code amendments • Planning division profession services to update Street Tree Plan • Planning division development implementation of Climate Champion Series • Highway 99 Community Renewal Plan • Solar plant installation on public safety building • Police campus pedestrian safety perimeter • Expand public accessible EV charging network - $260,000 • Infrastructure to support nonpoint of sale charging capacity - $90,000 In light of recent discussions about the police department’s difficulty acquiring electric vehicles (EV) and purchasing internal combustion engine (ICE) vehicles instead, Councilmember Nand asked if funds in this amendment could be used to purchase ICE vehicles or would they only be used to purchase EV. Public Works Director Oscar Antillon answered the City will be purchasing regular vehicles for the police department due to the inability to purchase hybrid vehicles. For every planned purchase, the goal is first electric hybrid and then regular vehicles. Currently the plan is to purchase regular vehicle for the police fleet. Councilmember Nand observed the purchase of regular vehicles does not impact this budget item. Mr. Antillon advised the cost of even those vehicles have changed. • Painting projects around City campus - $235,000 • Repairs at Edmonds Library - $60,000 • Public art project at Civic Field - $24,500 • Beautification Program greenhouse -$43,000 • Equipment at cemetery - $25,000 Edmonds City Council Approved Minutes March 7, 2023 Page 17 • 96th Ave Infiltration project at Yost - $376,000 • Vehicle replacement. Due to supply chain issues, vehicle could not be purchased last year and unspent funds are carryforward to this year • Increased purchase price for 2023 versus 2022 model year vehicle. Purchases were approved by council, but the price was unknown at the time. • OpenGov budget reporting software • Civic Center Playfield construction - $3M • Pavement overlay program - $126,000 • Highway 99 revitalization - $2.8M • Traffic signal safety and upgrades - $11,000 • 2022 Traffic Calming Program - $30,000 • Phase 12 Waterline Replacement Project - $300,000 • Seaview Infiltration Phase 2 - $367,000 • Storm Maintenance Project Phase 2 - $116,000 • Phase 9 Sanitary Sewer Replacement Project - $650,000 Mr. Turley said these carryover amendments happen every year as projects often cannot be completed in one year. Councilmember Teitzel referred to the carryover related to traffic signal safety and upgrades which is upgrading the vehicle detection system at SR-104 and 100th Avenue West. He asked whether the signal upgrade will integrate with the proposed new bike lanes and make bicyclist safer. Mr. Antillon answered the intersection design is based on the concept that the council approved in 2021. It includes a bike lane in the northbound direction and a shared lane southbound crossing SR-104. Councilmember Teitzel asked if the $11,000 to change the signaling would have any effect on the safety of bicyclists passing through that intersection. Mr. Antillon offered to research that and get back to Councilmember Teitzel. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ACCEPT FIRST QUARTER CARRYFORWARD BUDGET AMENDMENTS AS PROPOSED. Councilmember Chen said he had general question about the timing of fund balances; the beginning fund balance is different in different presentations and sources. He understood the carryforward impacts the beginning fund balance. For example, in the adopted budget fund balance on page 26, the beginning fund balance is $149,543,961. In the information presented on February 21, the beginning fund balance is $155,096,570. In the package presented today (packet page 267), the beginning fund balance is $155,021,955. He asked why different sources have different beginning fund balances. Mr. Turley answered this was discussed at the finance committee on February 14 and brought to council 1-2 weeks later. As he was putting information together, he realized there were errors in the way building maintenance decision packages were presented, the BARS coding was incorrect, so he pulled it from the agenda to make the corrections. That accounts for the difference between the February 14 packet and today’s packet. The other one Councilmember Chen referenced is the strategic forecast which was prepared in August 2022 and has no bearing on this agenda item; it is a completely different document and purpose and was purely an estimate that was prepared approximately eight months ago. The number shared tonight is the most recent based on the final budget adopted in December, several months after the strategic outlook was prepared. Councilmember Chen relayed his understanding the 2023 budget was prepared mid-year 2022. However, in the packets presented to council on February 7 versus March 14, a number of funds have changed dramatically. For example, for the General Fund, the proposed amendment at the beginning was $884,560 and in today’s packet it is $1,600,945, a difference of $725,385. He advised he had a list of funds that were different. He asked if that was part of the error that was discovered. Mr. Turley answered yes, Edmonds City Council Approved Minutes March 7, 2023 Page 18 historically the City has budgeted for building maintenance in two places, the General Fund and in Fund 016. In the original carryover decision package, in trying to put building maintenance projects into Fund 016, some of the decision packages did not include the transfer from the General Fund into Fund 016. He was trying to make it as clear and transparent as possible to be more consistent with the way it has been done in the past so a large portion, probably the difference Councilmember Chen cited, was budgeted in building maintenance projects out of the General Fund rather than Fund 016. He offered to review them individually if Councilmember Chen came to his office. He reiterated the goal was to be more accurate; the original ones did not include a transfer from the General Fund. Councilmember Chen said he would appreciate that opportunity because the proposed expenditure in Fund 016 changes by $1.4M and he would like to understand why it changed. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS TEITZEL, OLSON, PAINE, AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER CHEN VOTING NO. 2. CITY ATTORNEY ASSESSMENT COMPARATOR CITIES Councilmember Paine commented this a product of the committee. The next step in the process is asking questions of neighboring cities and comparable cities. The proposal is to use nine cities as comparators; they were selected to provide a full range of municipality characteristics, some are recommendations from MSRC and some are comparator cities from the HR evaluation process that are similar size, population and land value. The comparison also includes city classification, code city or first class city, and date of incorporation. The date of incorporation is important as the starting point for adoption of municipal codes; Edmonds was incorporated in 1890, more recently incorporated cities adopted the originating county code. Another difference is Shoreline and Burien contract with King County Sheriff and do not have their own police department which directly impacts the scope of the city attorney’s work. Councilmember Paine expressed support for the changes to the questions proposed by Councilmember Olson. Each subcommittee member will contract three cities and pose questions to the mayor or city manager and the finance director and put the answers in a matrix. All the information collected will be available to council. The information will help make comparisons and gain understanding about the cities’ city attorney. She reviewed the changes to the question proposed by Councilmember Olson: • Questions directed to mayors/city managers o How long have you used the current contracted city attorney? • Questions directed to finance directors o If you utilized use additional contracted attorneys, please provide total expenses for 2021 and 2022 by category (e.g., labor, Councilmember Paine explained contracted attorneys are used for legal services related to utilities, telecommunications, bonds and HR. Council President Tibbott affirmed the selection of cities, commenting they are cities used as HR comparators and seem to fit Edmonds’ demographic. He had several small wordsmithing suggestions that he preferred to provide via email and allow the committee to determine whether they were appropriate. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO MOVE FORWARD WITH THE COMPARATOR CITIES AND QUESTIONS AS SUGGESTED. Councilmember Olson asked whether the council needed to vote on the wordsmithing changes or could the subcommittee make the changes if they were not material changes. City Attorney Jeff Taraday responded it was up to the city council to determine how much latitude to give the subcommittee. By virtue of the nature of the way the work that will be done, three different people reaching out to three Edmonds City Council Approved Minutes March 7, 2023 Page 19 different cities, there will inevitably be variations in the conversations that occur among councilmembers asking the questions and staff answering the questions, so it is unlikely identical questions will be asked or that identical conversations will occur and follow up questions will occur organically as those conversations occur. To the extent that wordsmithing happens at the front end, that should not be a problem. His only concern was with a rolling quorum; he did not want a quorum of councilmembers discussing the substance of questions outside a council meeting. For Councilmember Olson, Council President Tibbott advised the wordsmithing changes were not substantive. Councilmember Olson was supportive. Councilmember Nand asked that during the discussion councilmembers not refer to the group as a subcommittee because that is creating confusion for the public who think they should have access to the committee’s meetings. The group is actually just a task force comprised of three councilmembers who provide recommendations at council meetings. Councilmember Teitzel pointed out the council approved the work plan in January which included contacting other cities for comparator information in March. It is important to learn about other cities’ city attorney services, whether they are contracting, have in-house city attorneys, city manager/council or mayor/city council form of government, etc. That information will be collected and provided to council which will help council consider pros and cons of continuing to contract or move to an in-house attorney. That decision is scheduled to be made in April. Councilmember Olson recalled when the group was formed it was called a subcommittee. With regard to the public’s confusion, she appreciated what Councilmember Nand was saying and had heard that herself. A committee is three or few members of council; the confusion may be because council committees, which are compliant with OPMA, are available to the public and other councilmembers are allowed to attend. If council committees were attended by three or fewer councilmembers, they would not have to be open public meetings. She summarized for better or worse, the council originally formed the group as a subcommittee. Councilmember Paine referred to the work plan, pointing out the group was constituted as the city attorney assessment subcommittee. A decision date is tentatively scheduled for April 4 and she was hopeful that date could be achieved. The subcommittee is meeting this Friday to develop a matrix for responses to the questions. She looked forward to receiving Council President Tibbott’s email with his proposed wordsmithing changes. Councilmember Nand thanked Councilmember Olson for the clarification. She joined what she thought was the city attorney assessment task force in 2023. Due to multiple complaints from the public, she clarified the subcommittee is not required to comply with OPMA because three or fewer councilmembers attend the meetings and no other councilmembers attend ex-officio. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Nelson reminded tomorrow is International Women’s Day. He read from their website, International Women’s Day is a global day celebrating the social, economic, cultural, and political achievements of women. The day also marks a call to action for accelerating gender parity. Significant activities witness worldwide as groups come together to celebrate women’s achievements or rally for women’s equity. 11. COUNCIL COMMENTS Edmonds City Council Approved Minutes March 7, 2023 Page 20 Councilmember Olson commented there has been a lot of discussion regarding housing bills at the state level. She has not weighed in, but has a comment to make that she will provide to media and possibly read next week. She reminded of the legislature’s public hearing on Thursday at 9 a.m. regarding the bill on detached accessory dwelling units. She reminds anyone interested in speaking needs to be in the queue an hour before the start of the hearing to have a chance to speak. Council President Tibbott commented the DEIA committee report brought to mind an experience last night that helped him realize how important inclusion is. While preparing dinner, his 20-something daughter who is a vegetarian called and asked what’s for dinner. He told her and she asked whether it contained meat and he told her not yet. His daughter asked that he leave out the meat so the family could enjoy it together. He accommodated her request, added more vegetables, and all took part in dinner together. His daughter thanked him for being inclusive. It occurred to him sometimes being inclusive costs absolutely nothing, just a switch in your brain to consider other people. He was thankful his 20- something daughter brought it to his attention soon enough and he learned a lesson in being inclusive. He looked forward to learning more about diversity, equity, inclusion and accessibility. Councilmember Nand, an Indian American and practicing Hindu, announced approximately a billion people will be celebrating Holi tomorrow. The holiday has penetrated western culture during her lifetime, a lot of people call it the Festival of Colors and celebrate by throwing colored powder at each other. She explained it is a very fun festival in India and other places around the world with a large Indian population. The origin was a very evil woman who may have been a demon, wore a magic sari that was supposed to protect her from being burned. She took her nephew with her into a pyre and thought the sari would protect her and her nephew would burn. Instead the immunity to fire associated with the sari was revoked and she burned and her nephew survived. The villagers were so grateful that they threw her ashes around. The holiday is named after her, Holika. Councilmember Nand said when she was growing up, celebrants threw baby powder at each other because they did not have the powdered paint, gulal. To see it becoming mainstreamed in American culture has been interesting because her culture tends to be more private. She thanked society for embracing their holidays. In recognition of International Women’s Day, Councilmember Teitzel, a proud graduate of Washington State University, announced last Saturday the women’s basketball team beat ULA for the PAC 12 championship, their first championship in school history. The women’s basketball team did a great job and everyone is very proud of them. Councilmember Paine wished everyone a Happy Holi, advising she observed the day of celebration in a country with a significant Indian population, Guyana. It was very fun to see people wearing white and throwing colored powder. The council’s action tonight to change the name and charter of the diversity commission to include equity, inclusion and accessibility is an important and embracing move for the commission as well as for the City. She encouraged the public to watch the movie, “Crip Camp” which is available on Netflix, noting she was surprised by how much she cried during the movie. The toughest scene was people who normally use wheelchairs had to haul themselves on their elbows and bottoms up the U.S. Supreme Court steps because they did not have access. The word “access” is used often; it is more than a word, it is the physical and structural barriers. 12 ADJOURN With no further business, the council meeting was adjourned at 9:38 p.m. ____ SCOTT PASSEY, CITY CLERK