Loading...
20170919 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 19, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ALSO PRESENT Noal Leonetti, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Rob English, City Engineer Kemen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. Mayor Earling advised there would a 10 minutes executive session at the end of the meeting. 4. PRESENTATIONS 1. CONSTITUTION WEEK PROCLAMATION Mayor Earling read a proclamation proclaiming the week of September 17-23 as Constitution Week and asking citizens to reaffirm the ideas the framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. He presented the proclamation to Judy Lehman, Daughters of American Revolution Puget Sound Chapter, who thanked the Council for the proclamation. 2. SNOHOMISH HEALTH DISTRICT PRESENTATION Edmonds City Council Approved Minutes September 19, 2017 Page 1 Snohomish Health District Interim Administrator Jeff Ketchel introduced the District's newly appointed Health Officer, Dr. Mark Beatty, Mr. Ketchel reviewed: • Working together for Edmonds o Simpler o Safer o Healthier A year in transition o Rucker building o Leadership changes o Opioid epidemic response o Merger with Snohomish County exploration o Modernization and sustainability Focus: opioid epidemic o Yesterday: ■ Supporting syringe exchange and access to naloxone ■ Adopted a new secure medicine return ordinance • Building healthy, resilient families o Today ■ Response — Notifiable condition follow-up — Syringe exchange — Needle clean-up ➢ Clean-up kits — Data evaluation • Treatment recovery - Naloxone kit availability - Increased access to treatment - Group support/education • Prevention — Healthy starts — Trauma -informed care — Curriculum in schools — Social marketing ➢ Snohomishoverdoseprevention.com Dr. Beatty commented in addition to issues with street drug use, there are also issues with prescription opioids. The term pain killer is a misnomer, opioids don't really stop the sensation of pain, they just make a person not care about it. Therefore, there needs to be physician and patient education about the best method to control post-operative pain or other kinds of chronic pain that do not lead to addiction. This would require a unified approach with patients and physicians to address the ability of patients to seek medication from multiple physicians and to reach agreement that the healthiest way to control pain is not necessarily months of prescription medication. Mr. Ketchel continued his presentation: o Tomorrow • Response — Notifiable condition — Syringe exchange X2 — Needle clean-up — New data — Exposure response Edmonds City Council Approved Minutes September 19, 2017 Page 2 - Nuisance properties Treatment/Recovery - Naloxone kit availability - Treatment on Demand - Group education - Addicted and pregnant Prevention - Healthy starts - Trauma -informed care - Resource portal - Social marketing - Focus on prescriptions - Medicine return - Safe storage ➢ Locking medicine bags to prevent accidental poisoning and theft SC/SHD Merger Analysis o Identified issues: ■ Bureaucracy ■ Public health focus • Politicization • Competition for funding • Cost of providing services o District Board passed Resolution 1782 stating their intent to remain an independent political entity Modernization o Response to Ruckelshaus Center Assessment o Innovation - new data systems o Public Health Accreditation (PHAB) o Chief Health Strategist • Adopt and adapt strategies to combat the evolving leading causes of illness, injury and premature death • Identify, analyze and distribute information from new, big and real-time data sources • Collaborate with a broad array of allies - including those at the neighborhood level and the non -health sectors - to build healthier and more vital communities • Replace outdated organizational practices with state of the art business, accountability, and financing systems Funding sustainability o Grants and contracts o Fund balance o Permits and fees o Public health is essential and foundational public health services o Value and partnership with cities in Snohomish County • Request Edmonds consider continuing its financial support of the Health District Councilmember Johnson asked how to address the bed shortage for people recovering from drug or alcohol, commenting a 6 -month wait is too long. Mr. Ketchel answered there are three types of medically assisted treatment: Vivitrol, Suboxone, and methadone. The issue is having all three available on demand because everyone is different. Companies want to open clinics but have difficulty locating due to NIMBYism regarding methadone treatment. His wife used to be a methadone dispensing nurse in Shoreline; he would have no problem having a methadone clinic in his neighborhood because he preferred to see people on a path to health than addicted people doing what they do. It is about education and communication, talking Edmonds City Council Approved Minutes September 19, 2017 Page 3 with the business community about what having a clinic locate in their area means which is something he and Dr. Beatty will continue working on. Councilmember Johnson observed the issue was not facilities and beds but dispensaries. Mr. Ketchel answered physicians willing to prescribe Suboxone as well as methadone clinics; the demand is so great, there needs to be at least 1-2 new methadone clinics in Snohomish County. Councilmember Johnson asked if this could be accomplished by working with emergency rooms and clinics. Mr. Ketchel answered jail and emergency rooms have become de facto treatment centers and that is not working well and is also very expensive. The goal is finding ways to provide long term, lower cost treatment that serves the population. Dr. Beatty agreed emergency rooms often become de facto treatment facilities for chronic diseases of all kinds not just drug addiction but it is not the best place. Patients need continuity to follow addiction and to ensure the plan is fulfilling their needs. Emergency rooms need to be available for emergent issues not chronic issues. Councilmember Johnson said her impression of addiction treatment was people go to a facility and stay there until have all the social services, counseling and training they need to become a healthier person, but it appeared that was not today's approach. Dr. Beatty answered it depends on available resources; some patients are treated as outpatients. As long as patients have some support and depending on the severity of their need, outpatient is a reasonable approach but they need everyday access to the facility to ensure they are safe and the message about staying away from drugs and continuing with the treatment plan is reinforced. When patients are left for 6 months, they have no hope and often return to their old practices. Dr. Beatty agreed it would be great to have an inpatient treatment facility but inpatient treatment is very expensive so outpatient facilities that provide daily treatment are very important and cost efficient. Councilmember Johnson commented there was likely not a person in the room that hasn't been touched by addiction. Her family includes drug addicts and alcoholics who are functioning adults in everyday life but died from their addictions, the saddest one was a 16 -year-old. Dr. Beatty agreed it was a family problem. With regard to functioning alcoholics, he said alcohol affects a person more than while they are drinking and can affect the family in adverse ways. Councilmember Johnson commented this was very important issue that touches her deeply. She referred to an Everett Herald article regarding a SODA district in Smokey Point in Arlington. She asked what SODA was and how it works. Mr. Ketchel and Dr. Beatty offered to research and respond. Councilmember Teitzel expressed appreciation to Mr. Ketchel for his enthusiasm. He referred to safe injection sites being implemented in other cities; the argument in favor is that they save lives and the argument against is that they enable addiction. He asked whether the Snohomish Health District has taken a position on that issue. Mr. Ketchel answered the Board of Health has not taken a position. He relayed his position, the point of a safe injection site is to connect people with services; there is no point in having a safe injection site if services such as treatment, housing, social support, etc. cannot be offered. At this time, he did not think a safe injection site was a wise move in Snohomish County and the focus needs to be on other issues first. Once those issues have been addressed, there can be discussions about whether a safe injection site is warranted. Councilmember Buckshnis asked about the Health District's relationship with Verdant, whether the District was obtaining funds from Verdant and if not, why not. Mr. Ketchel answered he is meeting with Verdant Superintendent Robin Fenn tomorrow and that is one of the issues he plans to discuss. Councilmember Buckshnis commented Verdant needs to spent dollars where they are needed such as opioid abuse. Mr. Ketchel commented there are a number of projects that Verdant could provide funding for such the needle cleanup kits and medication lock bags. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes September 19, 2017 Page 4 Mike Shaw, Edmonds, commented in every group such as the City Council there are visionaries and more cautious types which is a good thing as it prevents rash action or extreme lethargy. With the nation's leaders leading us backward in so many areas, forward thinking and action is now in the hands of states and cities. The Climate Action Plan recently approved by the Council was just such a move and he acknowledged it will take additional leadership and staff resources to make it happen. Snohomish County PUD and PSE are already moving toward environmentally responsible sources of energy, but not very fast. Edmonds can work with these two entities to promote faster and better ways to meet energy needs. The first step toward accomplishing anything is to find the will to do so. It seemed Edmonds had the will when the Climate Action Plan was approved; now the Council has the opportunity to make something happen. He urged the Council not to dilute or amend the plan to death and to do all they can to make it happen and to make Edmonds a leading example of meaningful climate action. Michael Reagan, Edmonds, reported on the POW/MIA ceremony on Friday at the Edmonds Veterans Plaza where James Moreland, a Green Beret who died in Vietnam February 7, 1968 in a firefight so extreme his remains could not be found and listed as MIA for 43 years was honored. A young woman, Kathy Strong from California, wore his MIA bracelet. Mr. Moreland's family, originally from Alabama, decided to buy a paver for him in the Edmonds Veteran's Plaza and the local VFW requested he do a portrait to present to the family. He described Moreland to the audience at Friday's ceremony, told his sister about a paver in the plaza for Bruce Johnston who served with Moreland in Vietnam. He presented a portrait to Ms. Strong and Moreland's sisters, an emotional time for all. He acknowledged staff for their assistance, including having the lights on in the fountain. At the end of the ceremony, his sister hugged him crying and told him that he just brought her brother home from Vietnam. The Veterans Plaza is the place where James Moreland's memory is, 50 years after he died in Vietnam. He recognized all the discussions and everything that has taken place to make the Veterans Plaza happen including the Council's participation and support. He referred to a photograph he was given where Moreland's sister is holding the picture in one hand and touching his face with the other, remembering her brother 50 years ago. Jeff Stone, Edmonds, an educator, introduced Brenda DeKent, a cultural consultant in Edmonds. He referred to the resolution to co -honor Columbus Day and Indigenous Peoples Day and his letter to the City Council, stating his opposition to the resolution. Columbus' legacy is of murder, torture, and genocide; Indigenous Peoples Day is not about that and linking and honoring both at the same time is not the right thing to do. He preferred to have Indigenous Peoples Day honored singularly, not at the same time as Columbus Day. His letter has additional information clarifying why Columbus and the legacy of Columbus is inappropriate to celebrate. Ed Dorame, Edmonds, Co-chair Diversity Commission, expressed support for the Indigenous Peoples Day resolution. He shared a quote from Ruthie Edd, a student at Fort Lewis College in Durango, Colorado, that summed up why the Diversity Commission is recommending Indigenous Peoples Day coincide with Columbus Day, "The point of Indigenous Peoples Day is not to erase Columbus from the history books or collective memory. The goal is to change the conversation to talk about his impact on present-day indigenous communities as part of the healing process. As we focus on the healing element of Indigenous Peoples Day we open ourselves up to being better global citizens who are aware of the struggles and the experience of other people and groups." On behalf of the Diversity Commission, Mr. Dorame encouraged the Council to pass the Indigenous Peoples Day resolution. David Kendall, Edmonds, commented with the federal government largely working against clean energy future, cities and states need to step up and meet the goals of the Paris Accord. He wanted to see Edmonds and Washington follow the lead of California, New York and many other cities in committing to 100% renewable energy by 2025. He lives in a solar paneled home in south Edmonds near Lake Ballinger and has Edmonds City Council Approved Minutes September 19, 2017 Page 5 been net positive for the past five years, producing more electricity than they use in their all electric home and charging their electric car. The goal is achievable and needs political leadership and commitment. Denise Hotchkiss, Edmonds, said she was thrilled the Council was considering a resolution to recognize Indigenous Peoples Day but understood the previous speaker's concerns. She pointed out the importance of remembering we are not the original residents and custodians of Edmonds and to recognize and celebrate the thousands of years of history that came before. Natural resources and recognizing their importance was part of their culture and that they took the role of stewards of the natural resources seriously. That stewardship responsibility has passed to current residents. She referred to the challenges of escalating climate change evidenced by major east coast hurricanes and west coast wildfires. Recent UW studies show the region will suffer from more and more impacts of climate change such as more frequent and more intense flooding, landslides and heat waves. It is critically important to commit to sustainability and climate goals. It will take work and money but preventative measures are cheaper and more effective than doing nothing; the estimated cost of Hurricane Harvey is $190 million; the Jolly Mountain fire near Cle Elum burned 24,000 acres. The Pacific Northwest has always been an environmental leader and it is now up to us to show how to reach a 100% clean energy grid. Marlin Phelps, Edmonds, relayed shortly after 9/11, then U.S. Attorney Tom Wells was shot in his Queen Anne home; his murder by locals has never been solved. His research on the internet found a letter was mailed from Las Vegas in 2006 detailing the murder weapon. He was in Las Vegas on vacation with his wife and when they returned, his wife insisted he learn Microsoft Word. He had always handwritten invoices and had no computer skills. Throughout the rest of their marriage she tried to force him to learn the computer; he refused. Their marriage ended when he bought an iPhone without having learning the computer. The reason was she wrote that letter to implicate him post-mortem as the murderer of Tom Wells. Tom Wells was murdered because for 9'/z years there was an 100% guilty rate in this courtroom and they fleeced the City for hundreds of millions, making $30,000-$50,000/month in fines with no trials. There have been dozens of trials since Doug Fair went to the District Court where he won a seat unopposed and five qualified people applied for his job. He concluded Tom Wells was murdered for this courtroom. Eric Goodman, Edmonds, applauded the Council on their commitment to the Paris Agreement. Although quite a bit more needs to be done, after reading the list of actions the City has taken, he was impressed and proud to be a citizen of a city at the forefront of action on this issue. Rebecca Wolfe, Edmonds, relayed while working with 140-150 students at Lynnwood High School today in biology and environmental studies, they watched a National Geographic film, One Degree Factor, that shows the impact of just one degree of temperature change and its effect on caribou herds in northern Alaska and dust from the Sierra Desert causing asthma in the Caribbean. She distributed talking points from the Sierra Club with which she concurs. She found it a wonderful coincidence that today the City was celebrating the drafting of the Constitution which guarantees life, liberty and the pursuit of happiness, commenting our young people will not be guaranteed life, liberty or the pursuit of happiness if they cannot breathe. It is aspirational to try to match the Paris Accord with standards in Edmonds; while serving on the Mayor's Climate Protection Committee, the Tree Board and the Economic Development Commission, she fought hard for what was best for the environment. She recommended going forward and working out the details later; for example, when JFK said let's go to moon, he did not have all the details. She offered her assistance, expressing her pride for the City being a leader in the State on plastic bag ban, saving energy, etc. She recommended working with PUD to make them better. Alvin Rutledge, Edmonds, expressed his support for the Veteran's Plaza request. Next, he recalled in the past, downtown merchants and the Chamber of Commerce had a funding request for Halloween and the Christmas lighting in November. He suggested advertising those events to attract the public. Edmonds City Council Approved Minutes September 19, 2017 Page 6 Marjie Fields, Edmonds, urged the Council not to backtrack on the recently approved clean energy resolution. She recognized it was easier to stick with the status quo, but the world is in crisis from carbon emissions. It will take work and cooperation with Snohomish PUD and PSE and require completing the City's GHG inventory as well as planning and resources which why a year was set aside for the planning phase. Development Services says the Climate Action Plan has not been fulfilled, partially due to a lack of understanding about how to accomplish it, but she was confidence the City was up to the task. When signing the Mayor's National Climate Agenda, Mayor Earling was quoted emphasizing the importance of a local commitment to improving the environment; supporting the goal of 100% renewal energy was a way to follow through on that statement. When this goal is goal achieved, she will be proud to be a citizen of Edmonds. Victoria Leistman, Seattle, organizer with the Sierra Club, thanked Edmonds for being the first city in Washington to pass a commitment to 100% renewable electricity. The City's Development Services points to past incidents of failed performance on environmental issues and infeasibility of the ambition in the current resolution, primarily that the current plan has not been fulfilled due to a lack of understanding of who or how it can be accomplished and that the 2010 GHG inventory conducted by the City remains incomplete. These are not examples of why the resolution should be questioned but why it needs to be embraced. There is no better way for Mayor Earling to uphold his commitment than by supporting the resolution passed by the Council and grounding Edmonds in lasting positive climate action. There needs to be the political will to figure it out, put resources into the plan and not have Edmonds back down on the leadership the resolution demonstrates. With severe storms in the Atlantic, earthquakes throughout Mexico and fires in the Pacific NW, bold climate action is needed and we cannot depend on the federal government. Now more than ever local leadership needs to make a bold commitment to clean energy and the Sierra Club will continue to engage on this issue. With regard to Indigenous Peoples Day, she pointed out communities of color are hit first and worst by environmental injustices. Christopher Columbus helped lead the displacement and genocide of Indigenous People in this country. In order to dismantle racism, windows of hate cannot be left open. She urged the Council to be bold and make it Indigenous Peoples Day only. Carlo Bolle, Edmonds, acknowledged Edmonds is in occupied Snohomish territory, the Snohomish tribe still exists but is not federally recognized. He urged the Council to change Columbus Day to Indigenous Peoples Day as there was nothing to be proud of about Columbus. The only thing Columbus represents is mainly white males of European descent who came to America thinking they had the right to take over, stealing the continent, and killing millions of Indigenous People. There are still Indigenous People in the area and the least the City can do is honor and acknowledge the stealing of their land, killing of their people and destruction of their culture. He congratulated the Council for the resolution committing to 100% renewable energy and urged the City to continue to be bold. Edmonds was the first city to ban plastic bags in Washington state and the first city to host a citizen -owned community solar cooperative on the Frances Anderson Center. He also proposed the City consider ways to use less natural gas as two-thirds of natural gas in the U.S. is fracked which has serious issues and consequences. Methane releases from extraction, transportation and combustion make natural gas as bad or worse than coal for the climate. Mark Estezenburg, Edmonds, referred to the resolution regarding Indigenous Peoples Day, explaining he and his wife adopted two children after having fostered them, Josiah, a 5 -year old and claimed member of the Tlingit Tribe, and 4 -year old Jasmine, Josiah's biological sister and a claimed member of the Tlingit Tribe. He and his wife are not Native American but choose to live in a city they believe is open-minded and accepting of the fact this area used to belong to the Indigenous People. They chose to raise their Native American children in a community they hope will be accepting of them, their culture and of their unconventional family. Edmonds was not purchased by or given to its white forefathers but rather claimed under the Preemption Act of 1841 and the Homestead Act by Pleasant H. Ewell and then sold 14 years later to George Brackett. Like so much land in the U.S. it was taken from its Indigenous People. Although no one alive today is responsible, we as a white society choose to take the easy path and ignore the acts our Edmonds City Council Approved Minutes September 19, 2017 Page 7 founding fathers perpetrated on many minorities including our local native tribes. Statistically, Native American children are more likely to live in poverty, meet violence, and have low self-esteem; acknowledging Indigenous People with a single day of celebration seems like a simple and easy first step toward improving this and helping the Indigenous People of our community. Declaring the second Monday of October solely as Indigenous Peoples Day is the right choice. Cole Sargent, an Alaskan native from the Tlingit Tribe, viewed Indigenous Peoples Day as a way of reshaping Columbus Day. He supported having Indigenous Peoples Day on the same day, not replacing Columbus Day. Indigenous Peoples Day is a way of focusing on the people that were here before Columbus and recognizing them more often. Ethan Sargent, said some people have argued to wipe out Columbus Day. When this resolution was suggested to him and his brother, they immediately jumped to the same conclusion. After further contemplation, he concluded there was a more mature approach. The best way to symbolize this was in the words of his favorite history teacher, "Wars are not won with swords but won with words." This issue is a war that has been going on so long that trying to wipe out Columbus Day and pretend he did not exist is like putting a Band-aid on a broken bone; it will not work. The most mature approach to this issue is to let Indigenous Peoples Day and Columbus Day co -exist as a way of education because words are more powerful than swords. This as an educational opportunity to restructure how to teach everyone the real history. Joe Scordino, Edmonds, pointed out a problem in the critical area ordinance as revised in 2016 that may be impacting habitat resolution efforts in Edmonds. The allowed activities section, 23.40.220,C.8.a, states invasive species can be removed in an a critical area when the area of work is under 1500 square feet cumulatively over a 3 year period without a permit. To restore streamside habitat, it is necessary to remove invasive species before putting native plants; this provision is preventing needed restoration and unnecessarily restricting it. This past weekend, Students Saving Salmon removed invasive species on Shell Creek, restricted to the 1500 square feet. It did not impact this project but they will be restricted in the future by the 3 -year period. He urged the Council to address this, noting it is also affecting restoration work in the demo garden and on the north edge of the marsh along Harbor Square. He suggested adding a sentence to 23.40.220.C.8.a, "This restriction does not apply to bonified habitat restoration projects that are removing invasive species in order to plant or maintain native shrubs and trees." John Koenig, Edmonds, referred to the City's commitment to the Paris Accord, commenting it has to happen faster than 2025 in view of what is happening to the environment. There are many compelling reasons to discontinue the use and procurement of petroleum. The City needs preserve itself for the long haul and commit to becoming a sustainable City step by step. He applauded the City's for its efforts to date including the ability to charge electric cars in the parking lot and the greenbelt that extends to the water. He was inspired by the City's beauty, but sees it slowly slipping away tree by tree. Sacrifices need to be made on a personal and City level. Ron Clyborne, Edmonds, commented the Edmonds Veterans Plaza is truly a special place. A substantial number of veterans are in the audience to show the importance of the plaza to them and that they truly care. The plaza is not just about veterans, it is about community. The original design took into consideration bringing people together. At the Saturday Market, families sit, play and eat in the plaza. The plaza is used by the community and that is truly important. On behalf of the veterans and the community, he thankcd the City Council for all they have done for plaza and all they will do in the future. He looked forward to the community's plaza being completed. 6. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes September 19, 2017 Page 8 COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 5, 2017 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 12, 2017 3. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 12, 2017 4. EDMONDS POLICE OFFICERS' ASSOCIATION (EPOA) - COLLECTIVE BARGAINING AGREEMENT (1/1/17-12/31/19) 5. INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR MEADOWDALE PRESCHOOL 7. ACTION ITEMS 1. INDIGENOUS PEOPLES DAY RESOLUTION Economic Development/Community Services Director Patrick Doherty provided background: • The Edmonds Diversity Commission has proposed the City proclaim that the second Monday in October be recognized as both Columbus Day and Indigenous Peoples Day starting this year. • Columbus Day is observed as a federal holiday, established by order of President Roosevelt in 1937, and is officially recognized by some cities and states around the country on the second Monday of October, although is not an official City of Edmonds holiday. • Columbus Day provides an opportunity to reflect on the colonization of North America by Europeans and the development over the past 500 -plus years of a unique, diverse and complex civilization unlike that of other parts of the world. • However, it is .recognized that the European colonization of North America also led to the suppression, forced assimilation, and genocide of Indigenous Peoples and their cultures. • For this reason many cities in the nation, including Lynnwood, Seattle, Bainbridge Island, Spokane and Yakima in Washington, and Boston, Los Angeles, Portland and other national cities, have designated the second Monday in October as Indigenous Peoples Day. • Map of historic distribution of Coast Salish peoples by cultural/linguistic groups throughout our region, including Edmonds where traditionally the Southern Lushootseed cultural/linguistic group of the Coast Salish people resided, traded, hunted, fished and traveled. • At its meeting of September 6, 2017, the Edmonds Diversity Commission unanimously approved a draft Resolution (in packet) that would recognize the second Monday in October as both Columbus Day and Indigenous Peoples Day in the City of Edmonds. In addition to the traditional recognition of Columbus's arrival in the Americas and the European colonization of this country, this accompanying recognition of Indigenous Peoples allows for a more balanced representation of our region's cultural history and constitutes a small act of restitution for the hardships endured by Indigenous Peoples since the onset of European colonization of the Americas. • On September 12, 2017, the Public Safety & Personnel Committee of the City Council reviewed the proposed resolution and agreed to forward it to the September 19, 2017 regular City Council meeting for approval. Diversity Commission Chair Diana White reviewed the proposed resolution: RESOLUTION DECLARING THAT THE SECOND MONDAY IN OCTOBER WILL BE KNOWN AS BOTH COLUMBUS DAY AND INDIGENOUS PEOPLES DAY Edmonds City Council Approved Minutes September 19, 2017 Page 9 IN THE CITY OF EDMONDS. WHEREAS, Columbus Day is observed as a federal holiday, established by order of President Roosevelt in 1937, and is officially recognized by some cities and states around the country on the second Monday of October, although is not an official City of Edmonds holiday; and WHEREAS, Columbus Day provides an opportunity to reflect on the colonization of North America by Europeans and the development over the past 500 -plus years of a unique, diverse and complex civilization unlike that of other parts of the world; and WHEREAS, the European colonization of North America also led to the suppression, forced assimilation, and genocide of Indigenous Peoples and their cultures; and WHEREAS, Indigenous Coast Salish peoples, including Tulalip, Suquamish, Stillaguamish, Lummi, and other tribes, inhabited the Puget Sound region that encompasses the shorelands and uplands of Edmonds for thousands of years, using the area now known as Edmonds to harvest salmon, shellfish and land-based resources, WHEREAS, Indigenous Peoples of the Puget Sound region enjoyed and exhibited a rich, diverse culture and enduring spirit that continues to be present and celebrated to this day in Edmonds and throughout the region; and WHEREAS, Indigenous culture is enshrined in sovereign tribal nations throughout the region, memorialized in case law that recognizes historic fishing and water rights, and is celebrated and recounted in the statewide "Since Time Immemorial" curriculum required since 2015 in the public schools; and WHEREAS, the City of Edmonds values the historic and contemporary contributions made to this community by all our region's past and present Indigenous Peoples; and WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the United Nations sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and WHEREAS, in 2011 the Affiliated Tribes of Northwest Indians, representing 59 Tribes from Washington, Oregon, Idaho, Northern California, Western Montana and some Alaskan Tribes, passed resolution #11- 57:"Support to Change Columbus Day (2nd Monday of October) to Indigenous Peoples' Day"; and WHEREAS, other cities and states around the nation, including such regional jurisdictions as Lynnwood, Seattle, Bainbridge Island, Spokane and Yakima, have acted to proclaim the second Monday in October as Indigenous Peoples Day; and WHEREAS, the celebration of Columbus Day represents only a part of the history of this country's and region's cultural evolution; and WHEREAS, officially recognizing Indigenous Peoples on the second Monday of October would help provide a more balanced representation of our region's cultural history and constitute a small act of restitution for the hardships endured by Indigenous Peoples since the onset of European colonization of the Americas; and WHEREAS, the residents and elected leaders of the City of Edmonds embrace an open and affirming community that celebrates diversity and rejects oppression of minority peoples, including Indigenous Peoples; and WHEREAS, the City of Edmonds is committed to promoting respect for, and understanding of, the region's indigenous community, their long history, and their continuing contribution to contemporary society. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, AND THE MAYOR CONCURRING, THAT: Section 1. The second Monday in October, currently recognized as a federal holiday known as Columbus Day, will also be known in the City of Edmonds as Indigenous Peoples Day. Section 2. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds also to memorialize and celebrate Indigenous Peoples on the second Monday of October. Section 3. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds to take steps to acquire a more complete and balanced history of this continent's and region's development since the arrival of European settlers, including an understanding of the Edmonds City Council Approved Minutes September 19, 2017 Page 10 contributions made by Indigenous Peoples, together with the hardships and sacrifices endured by Indigenous Peoples. Councilmember Nelson recognize the work the Diversity Commission has done to get the resolution before Council. He asked if the original idea was a balanced approach or was it for an Indigenous Peoples Day. Ms. White explained about a year ago she was responsible for writing a Facebook post on Indigenous Peoples Day versus Columbus Day. Her research found Indigenous Peoples Day started as a grassroots effort in other communities and the Commission began discussing it and it became a group effort. Councilmember Nelson relayed his understanding from other Commission members when this was first proposed Indigenous Peoples Day was to also include Columbus Day. Mr. Doherty explained a subgroup of the Diversity Commission was formed to work on this and Ms. White involved others including the Sargent brothers. When the concept was drafted, the Sergeant brothers offered their father's comments about repairing the damage and not ignoring one side of history. That discussion led to drafting the resolution regarding Indigenous Peoples Day that retained Columbus Day. Councilmember Nelson appreciated the Sargent brothers' comments that they did not want to replace Columbus Day, they wanted to recognize Indigenous Peoples more often and find a way to coexist. In reviewing other cities' resolutions and proclamations, none had that balanced approach. He questioned how to celebrate the people who were here before us and simultaneously celebrate those who brought their demise. He suggested that could be accomplished by the following amendment: COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO REMOVE IN THE TITLE "BOTH COLUMBUS DAY AND" AND STRIKE "ALSO" IN SECTION 1. Councilmember Nelson explained that would still acknowledge the federal holiday Columbus Day recognized by the State but Edmonds would specifically recognize Indigenous Peoples Day. Councilmember Buckshnis referred to Resolution 11-57 passed in 2011 by the Affiliated Tribes of Northwest Indians expressing support to change Columbus Day to Indigenous Peoples Day. She asked if the intent was to replace Columbus Day. Mr. Doherty said the whereas clauses recognize that other communities have taken that approach, and that the Affiliated Tribes of Northwest Indians took the same approach. Councilmember Buckshnis preferred not to combine Columbus Day and Affiliated Tribes of Northwest Indians and to have two separate days. Ms. White asked if other sections of the resolution would also need to be amended. Councilmember Nelson advised no other changes were proposed to the resolution. Councilmember Johnson raised a point of order, questioning how the Council could make an amendment when there was not a motion on the floor. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE RESOLUTION 1393. For Council President Mesaros, Councilmember Nelson clarified the proposed amendments: • Revise the title of the resolution to read: "Resolution Declaring that the Second Monday in October will be known as boih Galtimbus Day and Indigenous Peoples Day in the City of Edmonds." • Revise Section 1 to read: "The second Monday in October, currently recognized as a federal holiday known as Columbus Day, will also be known in the City of Edmonds as Indigenous Peoples Day." Edmonds City Council Approved Minutes September 19, 2017 Page 11 UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCIL PRESIDENT MESAROS AND COUNCILMEMBERS NELSON, FRALEY-MONILLAS, BUCKSHNIS AND TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND TEITZEL VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Mayor Earling observed the resolution currently only provides for his signature; he requested all Councilmember have the opportunity to sign the resolution. This was agreeable to the Council. Councilmember Johnson asked if there was a student representative on the Diversity Commission. Mr. Doherty answered not yet. Councilmember Johnson recognized the Council's new Student Representative, Noal Leonetti, and invited Cole and Ethan Sargent to consider being a student representative on the Diversity Commission, envisioning it would enhance the Commission's work. All the City's boards and commissions can have a student representative. Councilmember Fraley-Monillas thanked Ms. White and Mr. Doherty and other Diversity Commission members for their hard work. She also thanked Cole and Ethan Sargent for their efforts, noting they are a marvelous example of young people in the community. She understood if they did not have time to participate on the Commission as they study a lot and participate in other activities. 2. EDMONDS VETERAN'S PLAZA UPDATE AND REQUEST Parks & Recreation Director Carrie Hite provided background regarding the Edmonds Veterans Plaza: • Naming contest for mini -park at ferry holding lanes included "Veterans Park" as a suggested name o Planning Board did not recommend Veterans Park and Council did not adopt Veterans Park ■ Sentiment on Planning Board and City Council was that a Veterans Parks needed to be more prominent and welcoming and include a gathering area and place reflection and celebration. Mini park did not satisfy that need o Veterans were disappointed, wanted a park they could call their own and where the community could celebrate and reflect with them. • Early 2013: Council and Mayor directed staff to work with a Veteran's committee to find a site to establish a Veteran's Plaza. o Then Councilmember Strom Peterson and then Planning Board member Neil Tibbott volunteered for the committee o Staff searched for an appropriate location including all current real estate, parks, open space, unnamed parks, Sunset Avenue o Rich Lindsay suggested the public safety plaza • The public safety plaza site was presented to the Planning Board on October 23, 2013 and the PPP committee of Council on November 12, 2013. It was subsequently supported as the site for the Veteran's Plaza by the full Council on November 26, 2013. • On May 5, 2014, the Council adopted a resolution naming the Veteran's Plaza. • Committee launched a design contest, and selected Site Workshop's design, which included both the garden area and the wall. • In the City budget, Council allocated $10,000 for the initial design of the Veteran's Plaza. The Parks Department contributed $5000 to help as well. • In January 2015, Council received a presentation and approved the concept design for the Veteran's Plaza. • In 2015, the City entered into a PSA with Site Workshop and continued to work with the Veteran's committee to complete the design • The Veterans committee began to raise funds Edmonds City Council Approved Minutes September 19, 2017 Page 12 • Throughout the design process, citizens communicated with Council and the design committee. Their input was to revise the design to be more welcoming, and add more green space to the plaza area. There was a lengthy Council discussion focused on including public input into this process, which the committee incorporated. • In February 2016, the committee brought forth an option for a redesign of the actual Plaza area itself to answer some of these concerns. At this Council meeting, the committee asked Council for direction. • On February 2, 2016, the Council approved the redesign to include the Plaza area, and at the request of the committee, supported the increased cost of this redesign and allocated and additional $30,000. • On August 2 and 23, 2016, Council authorized procurement of the stone cladding for the wall. This had to be ordered in time to get it installed before Veteran's Day. • The Committee continued to raise funds. • In August, the City went out to bid on the project. o The engineer's estimate was $248,683.00 plus tax. The lowest bid came in at $416,383, creating a shortfall. o On September 6, 2016, the Council rejected the bids. • The City issued another bid process, building in flexibility and a longer time for the contractor to build the Plaza. With these elements, it was hoped the bids would come in lower. o The engineer's estimate increased slightly to reflect increase of costs. o On December 13, 2016, the low bid came in at $290,967,92. The engineer's estimate was $285,748. o The next lowest bid was $390,000, close to $100,000 over the lowest bid, and close to the lowest bid in the previous bid cycle. o On December 13, 2016, Council awarded the bid to KA Construction. In addition, Council adopted a budget that was not balanced, charged the Veteran's committee with continuing to fundraise, and contributed an additional $4000 out of their contingency to the project. • Construction began in January 2017 with a projected completion date of Memorial Day, 2017. • On April 25, 2017, staff brought an update to the Council and an additional budget request for the Veteran's Plaza. The request for $71,000 covered the following expenses: $ 9,000: Electrical estimate for panel only $ 4,000 Existing conditions, conduits not deep enough. $ 5,357 Slabs for benches, drinking fountain, kiosk. $25,000 Engineering staff $17,500 Design team for electrical redesign, existing conditions, slabs, etc. $10,000 Additional management reserve. $70,857 Total o Council allocated the additional $71,000. • Tonight, staff is requesting an additional $41,000 to support the Plaza project. This includes the following: $16,000 Electrical. Bid came in at $25,000. $10,000 Vault for wall fountain utilities $12,000 Engineering services $3,000 Management reserve She addressed questions raised at the Parks, Planning & Public Works Committee and throughout the week: • Management of project/Site Workshop/Engineering Services: Why so expensive? o Site Workshop completed their contract budget early in process. o City was obligated to accept the low bidder, KA Construction ■ Aware would need engineering to oversee to ensure a quality project Electrical: Cost and increased capacity Edmonds City Council Approved Minutes September 19, 2017 Page 13 o Did not anticipate panels would not support fountain. o Additional panel increases capacity in the plaza area for events such as holiday lighting, Saturday market, Taste of Edmonds Vault: $8,000 for the actual materials, $2000 to install Evolution of design: plaza area, pavers, benches, drinking fountain, kiosk, details o Original intent was to finish by Veterans Day. o Design changed based on community input. IF Committee fund raising, more pavers generated more money for project o Planting plan proposed by Site Workshop was $30,000 ■ Reviewed by City's horticulturist and reduced to $10,000 ■ Community volunteers planted the garden Construction bid: Low bid, KA Construction, $290,967 o Next lowest bids on both requests for bids were $416,000 and $390,000 respectively. o Total construction costs, including enhanced electrical is $362,818. Ms. Hite displayed the Veterans Plaza budget, comparing the budget amount and the actual amount and the difference. The largest areas of differences are the construction contract ($46,000), additional electrical ($25,000) and engineering staff time ($43,000). She reviewed revenue which increased from the budget of $520,000 to $700,000 which includes the allocation of $71,000. The Veterans Plaza Committee raised an additional $50,000 after the project began. Ms. Hite summarized the plaza is something for Edmonds to be proud of. It is a place of honor, reflection and community pride. The Veterans Committee, driven by passion and civic duty, raised close to $550,000. Staff stepped in when help was needed; outside consulting could have been used but would have been much costlier. There were a lot of moving parts, a lot of details and a lot of community involvement and a high expectation to get this right and almost perfect as it is the front porch of the community. Councilmember Johnson thanked Ms. Hite for the very thorough presentation, recalling the Parks, Planning & Public Works Committee had a lot of questions which Ms. Hite has answered completely. She was 100% supportive of the Veterans Plaza but asked what could be done better in the future. Her family includes many veterans including a Revolutionary War soldier, her father was a Navy pilot, her mother was a nurse and a member of DAR, her brother was in the Air Force and her grandfather was in the Army. At a recent Saturday Market, she counted 35 people sitting on the benches enjoying the plaza. Another time she sat on Carl Swenson's bench; he trained her in the Rotary Club. She also attended the Memorial Day opening of the plaza. She asked what staff has learned from this process that can help guide the City in future parks construction projects and the budget. Ms. Hite answered this project was more complicated than anticipated; it was designed by committee which can be difficult although it was an incredible committee that did a lot of heavy lifting in the community. Sometimes small projects seem easy and quick; building in more management reserve on smaller projects may be helpful knowing they can be complicated with a lot of details. In consultation with engineering division, there has been discussion about having capital projects manager dedicated to park department projects. Councilmember Johnson expressed appreciation for the work done by Ron Clyborne and Maria Montalvo, recalling Ms. Montalvo was especially dynamic in raising funds. She also recognized Council President Mesaros and Councilmember Tibbott who served on the committee. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AUTHORIZE THE REQUEST FOR $41,000 ALLOCATED FROM THE REET 2 BALANCE. Council President Mesaros commented every time he comes to Council meetings and/or is downtown, it is a pleasure to walk through the plaza. Edmonds was the first city in Snohomish County but finally caught Edmonds City Council Approved Minutes September 19, 2017 Page 14 up with neighboring cities in honoring those who have served and protected the Constitution. He thanked staff for their leadership guiding the citizen involvement. Sometimes when more people are involved, things get more complicated but having more people involved also resulted in the quality of the plaza. Councilmember Teitzel thanked Ms. Hite for the detail and explanation in her presentation and thanked Public Works Director Phil Williams for responding to his questions. He expressed support for the motion, stating he was thrilled with the Veteran's Plaza. He attended the POW/MIA event on Friday, finding it a great gathering place and place for reflection that all can enjoy. Having said that, as a Councilmember he viewed one of his primary responsibilities to the community was to be a good steward of taxpayer resources and he was concerned with the budget creep on this project. Recognizing the Veterans committee is raising funds for a kiosk, he asked for assurance the City would not be asked to pick up any shortfall. Ms. Hite agreed that was the intent and it has been communicated to the committee that the kiosk, installation and anything else related to the kiosk would be paid by the committee after the project closes out. Councilmember Nelson asked how much the City has contributed to the project. Ms. Hite answered $166,000, 23% of the budget. Councilmember Nelson how much was spent to build the public restroom. Ms. Hite answered $350,000. Councilmember Nelson said he was interested in seeing the Veterans Plaza completed and was willing do whatever needed to be done to make it happen. Councilmember Buckshnis commented as everyone knows, remodels often increase. Everyone did a stellar job and although the City contributed $166,000, that was what was needed. She recalled when the public restrooms were contemplated, the sentiment as to do it right or not at all and the City did it right. She asked when the plaza would be complete including the dog statute and the fountain. Ms. Hite answered hopefully before Veterans Day, November 11. The drinking fountain should be poured next week, the dog statue is being shipped in early October. Councilmember Buckshnis announced a ribbon cutting ceremony for the dog statute on October 21 at 1:00 p.m.; on -leash dogs are welcome. Ms. Hite advised staff was awaiting approval of the additional $41,000 before signing the electrical contract. Councilmember Tibbott thanked staff for the thorough presentation that answered many questions raised at the Parks, Planning & Public Works Committee. He pointed out in the process of the design work, there was a choice for staff to either step in or to find a project manager. Staff make the right choice to step in and bring the kind of care, excellence and commitment that the project needed. He observed there was a great deal of unforeseen expenditures on utilities but those will benefit many other activities in the area. Mr. Williams recognized Henry Schroder who spent many hours working with the contractor answering questions and developing solutions at the lowest cost while meeting the criteria the project demanded. Mr. Schroder has been on staff for two years, is working on a lot of parks projects and he was glad he was there when the City needed him. Councilmember Fraley-Monillas thanked staff for all the work they did, recognizing this has not been an easy project. She also thanked the Veterans committee for raising money for the project; without their tenacity, it may not have moved ahead. She hoped to never hear the Veteran's Plaza compared to restrooms again. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 9:07-9:16 8. STUDY ITEMS 1. CRITICAL AREAS 0RD] NANCE REPORT Senior Planner Kernen Lien explained this is the second biannual report to the Council. He reviewed: Edmonds City Council Approved Minutes September 19, 2017 Page 15 Report is a requirement of ECDC 23.40.055 added during the critical area update last year: o "The director will provide a report to the city council during the first and third quarter each year, summarizing critical area decisions that have been made since the previous report. The report will include information such as the number and type of critical area decisions that have been made, including information on buffers and enhancements approved for each applicable decision, a description of each approved restoration project, and other information specifically requested by the council following the previous report." Monitoring and Adaptive Management o Department of Commerce: Critical Areas Assistance Handbook — Draft Monitoring and Adaptive Management Chapter Three types of monitoring - Permit Implementation (monitoring the City has begun) - Effectiveness - Validation Previous Critical Areas Report Comments o Council requested more information on critical area decisions detailing what happened, what lead to the conclusions, reasons for waivers, etc. o Exhibit 1 contains critical area determinations on projects since the March 2014 report o Rest of presentation will outline staff's critical area review process and provide some examples Critical Area Determination o Required prior to development if there has not been a critical area determination within the last five years o Determination ■ Waiver — No critical area on or adjacent to site • Study Required — Critical area present on or adjacent to site o Staff conducts an initial review of GIS information • Mr. Lien reviewed examples of GIS information for sites with critical areas on or near the property o Following GIS review staff conducts a site visit o Exhibit 2 contains spreadsheet of critical area determinations since March 0 128 applications for critical area determinations since March ■ 65 "Waivers" Determinations a 55 "Study Required" Determinations • 8 applications still pending determinations o Subsequent Determinations ■ 43 Subsequent • 7 changed from Waiver to Study Required Critical Area Development Review o Projects on site with a "Study Required" determination requires review for consistency with critical area regulations o Exhibit I contains critical area determinations on projects since the March 2014 report o Far right column contains details on the critical area review 0 36 building permits associated with a study required since March ■ Mr. Lien provided examples of review Document Critical Area Decision o Staff documents reasoning of critical area decision on a Critical Area Notice of Decision (CANOD) o Require Notice on Title for field verified critical areas Council President Mesaros asked the cost for a homeowner to do an environmental study as required by the CAO. Mr. Lien answered the most typical is a geotechnical report. The amount of detail required in the Edmonds City Council Approved Minutes September 19, 2017 Page 16 report depends on the project. For example, replacing a deck within a required buffer that requires new posts, a full geotechnical report may not be not required but specific findings would be required which would add approximately $1,000 to the project. The single-family house in his example would require a substantial geotechnical report with findings and recommendations; the cost could be $5,00047,000. Councilmember Tibbott appreciated the matrix, finding it provided a good overview and the comments were very thorough. He asked whether the reporting process and information gathering was useful for the City in protecting critical areas and informing homeowners and potential builders regarding expectations. Mr. Lien answered it will be interesting over time to see monitoring reports for projects with enhancement to see how the sites are functioning. Tracking subsequent determinations will determine if it is useful to do every five years or if another timeframe would be better. He concluded the information will be useful with regard to the process and protection of critical area. He was hopeful the new permitting systems will provide more information so less legwork is required to develop the report. Councilmember Tibbott asked the timeframe for the new system. Mr. Lien anticipated 2019. Ms. Hope envisioned it would start in 2018 but it may be 2019 until it is fully operational. Councilmember Tibbott asked if the Department of Commerce was also considering this type of reporting: validating, inspecting, recording what happening with critical areas. Mr. Lien said one of the important requirements of critical areas is meeting no net loss. There are examples of tables in the Department of Commerce's chapter that are similar to his presentation. Councilmember Johnson recalled when the critical areas ordinance was reviewed, new language was included such as interrupted buffer. She asked how often the interrupted buffer rule had been used since March. Mr. Lien answered there have been no interrupted buffer determinations and no enhancement projects since March, no projects that required enhancement or buffer reduction. The landslide hazard and erosion hazards are the primary critical areas that have been triggered. Councilmember Johnson asked how developed footprint was defined, recalling it included sidewalks, pools, and anything that was there previously. Theoretically, if there were a house next to a stream that had been in place 34 years and the deck was worn out, why would the City allow the deck to be rebuilt. Mr. Lien answered that was one of allowed activities. Decks are often 30 years old, rotten and a safety issue. Replacing it was not creating any new impact to the critical area, it is just replacing something that was legally permitted. Councilmember Johnson suggested exploring that further, maybe it should not be an allowed activity as basically it was saying since the environment had already been disturbed, the homeowner could continue to disturb it. Mr. Lien explained that also applied to the nonconforming code, legally nonconforming structures are legally protected. Councilmember Johnson said she could see that for the house but not a sidewalk, deck, pool or garage. Mr. Lien said the current critical area code allows them to be replaced. Councilmember Johnson said she was aware it does and she was questioning that. She asked when the CAO would be updated again. Mr. Lien answered the required update is every 8 years. Councilmember Johnson suggested in the monitoring and reporting to Council, that was an issue she was concerned about and wanted to know more about. She appreciated Mr. Lien's knowledge and expertise and hoped to streamline the process so the information was easier to obtain. Councilmember Johnson asked how big an issue steep slopes have been since March. Mr. Lien answered erosion hazard and landslide hazard slopes are the most prevalent critical area throughout the City. Councilmember Johnson recalled when she was going to build her house, she was told she needed a geotech report. She spent $10,000 and the report said she could probably build a skyscraper because it was on very solid glacial soil. She was not sure steep slopes were always a determining factor and wanted to know how Edmonds City Council Approved Minutes September 19, 2017 Page 17 many steep slope applications there have been. Mr. Lien referred to the table, noting landslide hazard areas are slopes, since March, 18 of the 36 were for steep slopes, slopes greater than 40%. Councilmember Johnson understood there was the Meadowdale slide area but said steep slopes were not necessarily landslide hazard areas. Mr. Lien said the geotech report determines whether it is a potential landslide hazard area. Councilmember Johnson suggested there may need to be another layer that considers the USDS soils maps. Mr. Lien said the USDS soils maps are rough scale; the last soil survey done for Edmonds or Snohomish County was in the `70s or `80s. Councilmember Buckshnis asked Mr. Lien to provide the Council the new Department of Commerce literature. She found the report on waivers and studies fascinating, assuming 751 Northstream Lane would be near a critical area but the decision was a waiver. She asked whether a site visit was done after a desktop review. Mr. Lien answered there is a site visit to every property that applies for a critical area determination. Councilmember Buckshnis referred to the section Mr. Scordino referenced, 23.40.220.C.8.a, which allows only 1500 square feet of restoration over a 3 -year period. She asked about the process for considering a change to that. Ms. Hope answered the Council has two choices, 1) direct the Planning Board to consider it, or 2) have the Parks, Planning & Public Works Committee make recommendation that it go to Planning Board. Councilmember Buckshnis said she plans to do more research and will start with the Parks, Planning & Public Works Committee. She commented on a restoration project at Holy Rosary. Councilmember Johnson relayed her understanding there is a lot of purple loosestrife in the marsh that will seed but it is not allowed to be removed. Mr. Lien said it is the provision that Mr. Scordino mentioned under allowed activity, up to 1500 square feet of invasive species can be removed in a consecutive 3 -year period without obtaining a critical area report; anything beyond that requires a critical area report. He relayed the Parks Department is working on a critical area report for restoration and buffer enhancement projects around the marsh as well as streams throughout the City. He had mixed feelings on the 1500 square foot limit; as an allowed activity, he questioned when a project becomes so large that it should be looked at by a qualified professional to ensure the enhancement project is being done correctly, erosion control, mitigation, replanting, materials, etc. He was unsure 1500 square feet in 3 years was the appropriate limit but he supported having some type of limit before a critical area report was required. Councilmember Johnson encouraged Councilmember Buckshnis to coordinate with Mr. Lien and Ms. Hite. 2. EDMONDS SUSTAINABILITY/CLIMATE GOALS FOLLOW-UP Development Services Director Shane Hope said this is a follow-up to the September 5 meeting where staff highlighted key sustainability activities. In addition, the City Council adopted Resolution No. 1389 on June 27, 2017 that called for certain actions, some of which may need clarification if staff is to carry them out. She reviewed: Resolution no. 1389 o Section 1: Council supports Mayor's endorsement of Mayors National Climate Action Agenda o Section 2: Council rededicates to partnering for GHG emissions reduction while maximizing social/economic... o Sections 3, 4, 5, & 7 directly involve City staff & committee o Section 6 sets renewable energy goals Key questions to be clarified: o Who is expected to do what? o What resources would be needed? o Are timelines firm? o Does having 100% "renewable energy" mean natural gas & petroleum will no longer be used? o Could energy credit programs be helpful? Edmonds City Council Approved Minutes September 19, 2017 Page 18 Resolution 1389: Who? o Resolution refers to "Planning Department." o City does not have a Planning Department. o Assumption is Development Services Director and Mayor's Climate Protection Committee Resolution 1389: What? o Dept. & Committee: ■ Report annually to City Council on current municipal & community -wide GHG inventory, starting 2018 ■ Recommend to Council a GHG emissions target for near & long-term by 7/1/18 ■ Update Climate Change Action Plan & review GHG reduction strategies + tie in adaptation measures ■ Develop workplan (incl. options, methods, $ needed + timeline & milestones for renewable energy goals) by 11/1/18 New Resources Needed o Minimum staffing of 1 FTE for full year + 0.5 FTE each year thereafter ■ 2018: $88,091 Salary + $39,641 Ben + $3600 Eqpt = $131,332 total ■ 2019 and each year after: $44,046 Salary + $15,416 Ben - $59,462 total each year Timelines o For tasks in Sections 3 4, 5 and 7 ■ Timelines include due dates of July 1, 2018 and Nov 1, 2018 ■ How firm are timelines expected to be? - Presuming some flexibility Section 6 o City establishes following renewable energy goals: ■ 100% renewable energy for municipal facilities by 2019 it 100% renewable energy for City's community electrical supply by 2025 o Definition of renewable energy ■ Include hydropower? - State does not - Resolution says "low impact hydro" ok ➢ Presumably not hydropower for major dam projects? ■ For city facilities, get rid of natural gas use? Eliminate petroleum for vehicles? ■ For both City government electrical and citywide electrical, apply renewable energy credits? Cost implication? State energy law o Electric Utilities must provide for at least 15% of their energy from renewable sources or renewable energy credits by 2020 ■ Cannot count hydropower COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Ms. Hope continued her presentation: • Next Steps: o Clarify any intensions for task and timelines o Hear from Sno-PUD and maybe PSE o Provide resources o Look for opportunities o Other questions, comments? Edmonds City Council Approved Minutes September 19, 2017 Page 19 Mr. Williams said he expected to have a more robust discussion tonight regarding renewable energy but learned in the last two days Sno-PUD was unable to attend tonight's meeting and plans to make a presentation on October 17. He also learned PUD had recently dismantled their energy credit program and are in the process of rebuilding it including a new solar share program. To one of the questions raised, Councilmember Nelson said as one of the drafters of the resolution, electricity was the only thing he was thinking of with regard to renewable energy, not natural gas. With regard to the timelines, if more time is needed, they can be flexible. He appreciated the estimate regarding staff time. Council President Mesaros was proud of the progress the City has made and continues to move forward. He referred to the comment made by President Kennedy about getting to the moon in 10 years, no one knew how it would happen but it would be figured out. No one knows how the goals in the resolution will be achieved but that will be figured out. The investment of $131,000 in the first year and a continued investment of approximately $60,000 in future years is a good investment. Career wise, he noted staff gets to be on the forefront of creating change locally; their colleagues in other municipalities will be asking how they made it work. He concluded staff was on the right track and together staff and Council can determine how to accomplish these goals. Councilmember Buckshnis said the Mayor's Climate Protection Committee likely will begin meeting monthly as they want to be part of this process. She supported revising the resolution once more information and timeframes were available. With regard to staff, she asked if a consultant could be used to input data. Ms. Hope answered possibly, but a con sultant/contractor would require a lot of staff time. Councilmember Buckshnis supported full steam ahead, noting the involvement of the Mayors Climate Protection Committee. Councilmember Teitzel said he learned a great deal when he met with PUD after passing the resolution in June and he was anxious to hear their comments on October 17. One of the things he learned was PUD buys power wholesale from BPA and the majority of the power is sourced for hydropower as well as some nuclear, solar, etc. The contract between PUD and BPA expires in 2028, 3 years after the 2025 timeline in the City's resolution. Neither PUD nor the City is in a position to dictate the source of electricity. He suggested asking PUD about that on October 17, expecting the resolution will need to be refined. Councilmember Teitzel asked whether the resolution would be amended or a new resolution passed. City Attorney Jeff Taraday answered a resolution is amended by adopting another resolution one that amends it. Councilmember Johnson asked about energy source for the new waterfront community center, whether there would be solar, or if it was too early in process. The new waterfront center should be stellar example of energy conservation. Ms. Hite agreed it was early in process as design development has not occurred. The senior center is interested in LEED silver or gold status. They are have talked about solar and are looking into geothermal as pilings will be driven for the building foundation. LEED tends to be more expensive than a traditional building and the senior center has a very limited budget. It will be a balance between achieving LEED gold or silver and their budget. Councilmember Johnson suggested aspiring to LEED platinum. Ms. Hite was unsure that could be achieved given their budgetary constraints. Councilmember Johnson encouraged discussion on these topics during design development. Mayor Earling relayed his underlying concern with staff time especially with how busy the second floor is with projects in the City He noted Ms. Hope's presentation described minimum new staff costs but it was obvious there would be a great deal of staff time beyond a new hire devoted to the aspirations in the resolution. He suggested having more discussion after the presentation from PUD to align the program with the aspirations in the resolution. Edmonds City Council Approved Minutes September 19, 2017 Page 20 Councilmember Teitzel said the Council has talked about supporting the Paris Climate Accord whose focus is on arresting global warming for controlling carbon emissions. Accomplishing that includes nuclear power which has negative aspects such as radioactivity and residual waste products but it does not create additional global warning via carbon emissions. He suggested rethinking the view of nuclear power when considering supporting the Paris Climate Accord. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXTEND THE MEETING FOR 30 MINUTES OR LESS. MOTION CARRIED UNANIMOUSLY. To the comment about being cautious in the budget, Councilmember Fraley-Monillas observed there has been a great increase in property taxes and new buildings bring revenue to the City. It is not all doom and gloom as it was in years past. She understood Mayor Earing's concern about potential costs but said over time the program will pay for itself and she was willing to find the money in the budget. 9. REPORTS ON COUNCIL COMMITTEES Due to the late hour, this item was omitted. 10. MAYOR'S COMMENTS Mayor Earling had no report. 11. COUNCIL COMMENTS Councilmember Teitzel reported on the POW/MIA memorial ceremony at the Veteran's Plaza that also honored Vietnam veterans. He complimented everyone involved in the very touching program that was attended by approximately 100 people. He also attended the first of the Bird Fest events at the Frances Anderson Center, "How Woodpeckers Can Save the World," presented by Stephen Shunk. He noted Councilmember Johnson also attended that event. He extended his thoughts and prayers to the victims of today's Mexico earthquake that killed over 100 people and inured many. The earthquake is a very event serious in addition to the hurricanes in the Caribbean. Council President Mesaros recalled spending time helping to build housing for the homeless in Tijuana. Although it provided them shelter, he shuddered at the lack of building codes in some countries. His heart goes out to the families in Mexico and he was glad Edmonds has codes that help to ensure buildings can survive the elements. Councilmember Johnson reported on a presentation at the Rotary lunch by Michelle Boll with Snohomish County Department of Emergency Management. She provided Councilmembers an emergency preparedness guides, "Disasters Happen, Are You Ready?" She provided Ms. Boll's card to Council President Mesaros and suggested he schedule a presentation to the Council. Ms. Boll not only provides information for cities, but also for neighborhoods and businesses such as, "What Every Business Needs to Know." Councilmember Johnson announced the Rotary Community Auction, Magic of Edmonds, on Saturday, October 21. She advised of Snohomish County Tomorrow's annual meeting next Wednesday. Councilmembers Tibbott, Teitzel and she plan to attend and she encouraged anyone else interested in attending to contact Sandy Chase for a reservation. Edmonds City Council Approved Minutes September 19, 2017 Page 21 Councilmember Tibbott said when the Council was considering the Indigenous Peoples Day resolution, he recalled a friend introducing him to a Tribal Judge in the Tulalip Nation who was wrestling with a business proposal. He invited her to his house to meet with him and another neighbor to discuss her business plan. When she arrived, she had a drum and bucket of crabs. Although he was ready to get down to business, she insisted on protocols, meeting and greeting every person in his household by name, singing a song and doing a prayer blessing over his house and the time they would share in Edmonds. They then cracked and ate crabs and shared time together. During that visit, he learned a lot about Native American culture and important places in Edmonds. They eventually talked about her business plan, but he felt she gave them much more than they contributed to her. Indigenous Peoples Day provides an opportunity to learn from people who are very willing and excited to share their heritage and story. He was anxious for the City to learn more about the Indigenous People who inhabit this area and was glad the Council passed the Indigenous Peoples Day resolution. Councilmember Tibbott announced Edmonds School District's Race and Equity Policy feedback session on September 21 at the District offices; attendees are invited to learn about and provide feedback regarding implementing Edmonds School District's proposed Race and Equity Policy Councilmember Tibbott relayed his commitment to take Community Emergency Response Team (CERT) training in October and said he needs five community members join him. The training prepares participants to render first aid, implement search teams for their neighborhood, etc. Two friends who live on the south side of Edmonds have committed to taking the training and he was interested in residents on the east and north sides of Edmonds joining him. Anyone interested can contact him through the Council office. Councilmember Fraley-Monillas said she spent the morning with the Stillaguamish Tribe in Arlington and agreed a lot could be learned by listening. She reported on the Bird Fest events at the marsh which were well attended. While at the Saturday Market, she purchased a book written by Scriber Lake High School students describing their life experiences. She spoke with the kids selling the books, one was a former gang member for whom writing is one of the ways of healing her life. The book includes a number of forwards including Mayor Earling who wrote, "One cannot help but be moved by the creative, thought provoking and emotional writing of these young minds. I heartily recommend this as a read to help understand the dynamics of our youth." The books are $10 and are a student fundraiser. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 10:27 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 10 minutes would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Teitzel, Tibbott, Mesaros and Nelson. Others present were City Attorney Jeff Taraday, City Engineer Rob English, Public Works Director Phil Williams and Parks & Recreation Director Carrie Hite. The executive session concluded at 10:37 p.m. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 10:37 p.m. Edmonds City Council Approved Minutes September 19, 2017 Page 22 14. ADJOURN With no further business, the Council meeting was adjourned at 10:38 p.m. DAINDO.EARLAG, MAYOR �►,�;,� Vii_. Edmonds City Council Approved Minutes September 19, 2017 Page 23 �::: *:. 'w=: .� .y .. ... .. ;ti-� �. is �., r ..,. Y .. s. .� � .� �