Loading...
Cmd051920EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES May 19, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Dave Turley, Assistant Finance Director Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council virtual online meeting was called to order at 7:03 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Fraley-Monillas 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, participating remotely. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Councilmember Buckshnis said she had not seen an updated agenda, moving item 7.4 to 8.1, so she was uncertain that had been done. Council President Fraley-Monillas said it was moved. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes May 19, 2020 Page 1 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 12, 2020 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES BY SAMUEL CUNNINGHAM ($9,670.52) AND ANDREA LYNES ($1,834.27) 4. AWARD OF PHASE l STORM REPLACEMENT PROJECT 5. AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH CITY OF L YNNWOOD FOR THE BIKE2HEALTH PROJECT 6. AUDIENCE COMMENTS (SUBMITTED TO PU BLICCOM M ENTkEDM ON DSWA.GOV) See Attached. 7. ACTION ITEMS 1. CHEMICAL PURCHASE FOR 2020 NUTRIENT REDUCTION TRIAL Public Works Director Phil Williams explained there are two major planning and eventual capital projects. The first is the incinerator replacement which is being done as an ESCO project and will be very expensive. A couple different technologies are being considered to identify the best one and then try to get as much competition between them. It would have been relatively simpler to replace the old incinerator with a newer incinerator but that is not a particularly environmentally positive step forward for the cost. The goal has been to identify a technology and process that would be much more environmentally friendly particularly with regard to reducing the carbon footprint. More information regarding that project will be provided in the near future. That project will likely involve the issuance of bonds; those costs are shared with the treatment plant partners. This agenda item is related to the second project. For ten years the Department of Ecology has been working to develop a waste load allocation for the discharge of nitrogen into Puget Sound. Nitrogen comes in via the wastewater and in most treatment processes, much of it ends up going out in the discharge. Nitrogen is the limiting nutrient in the primary productivity growth in the ocean in a saltwater environment (phosphorus in a freshwater environment). The nitrogen stimulates algae and other plant growth and at the end of the growing season, they die, sink to the bottom and decompose which exerts an oxygen demand on the water. A well -oxygenated Puget Sound is desirable to support biological life. That is significantly problematic in south Puget Sound particular in Budd Inlet and Eld Inlet, Ecology has been working to address that -issue on an overall basis and are considering placing a limit on the nitrogen that each of the approximately 73 treatment plants located on the Salish Sea can discharge. Those limits are unknown at this point, but they will require a response from each treatment plant to reduce their output. Few technologies are available to do that and most are relatively new. This agenda item is about conducting a trial on one of the technologies this summer. The trial would begin in June and likely extend to the end of the year or slightly beyond. The City already has a contract with a company to purchase the chemical, sodium hydroxide, that is used in the air scrubber to reduce odor emissions. However, that contract does not have an expenditure Edmonds City Council Approved Minutes May 19, 2020 Page 2 authority or purchase quantity allowance for the amount needed for this trial project. The City only expected to purchase 2500 gallons for use in the treatment plant; this trial would require dramatically increasing that to 16,000 to 20,000 gallons. The request to Council is to approve a modification to the existing contract or Univar Solutions is willing to sign a new contract. Due to the increased quantity, instead of the current price of $3.55/gallon, the price would be reduced to $2.92/gallon. Univar would provide a fiberglass reinforced plastic tank that hold 3,000 gallons and a pad would be constructed for the tank. The only commitment is if the City buys sodium hydroxide during the trial, it would be purchased under this contract from this vendor and in exchange, they will provide the tank at no cost. That is similar to the fleet propane conversation where the company provided the tank, not an uncommon practice for chemical and petroleum providers. Councilmember Olson explained she originally had concerns with this description, not the trial itself, but assuming the trial worked well and the City continued purchasing these higher volumes. Her concern was the original contract was for the smaller amount and another bid may be required for the increased quantity. She received a response from Mr. Williams but requested City Attorney Jeff Taraday confirm that a recompete would not be required or if it was required, that that planning was occurring . Mr. Taraday answered he checked with his colleague who worked with staff on this and she indicated the bid was contemplated to apply for the years 2020 and 2021. Therefore, at least for the next two years, she did not think another bid would be required. Councilmember Distelhorst said he had a question about the price, referring to Mr. Williams indication that the price would be $2.92/gallon. Mr. Williams answered the $3.55/gallon was for a lower volume and Univar had offered a guarantee price for two years (City had an option to extend to three years). If the City ends up installing this technology, which would also be an expensive project but it may be required by the next wastewater discharge permit, the need for high volumes of sodium hydroxide would not exist. The trial is only doing the nitrification part of the cycle; most of the inorganic nitrogen in wastewater is ammonia which is toxic and it is the fully reduced version of the nitrogen molecule and has to be converted to nitrate, the oxidized version, and if it is put into an environment without oxygen, it drives the nitrogen out of the wastewater as a gas. The atmosphere is 78% nitrogen anyway and now the nitrogen has been removed from the wastewater so it does not grow algae. Councilmember Distelhorst clarified the City would not be purchasing 200-500 gallons/day at $2.92/gallon for the long term. Mr. Williams answered that seemed unlikely but that was one of the things that this trial will educate the City on, what would it need to look like on a commercial scale at the treatment plant before the quantities and other chemicals, operations and maintenance costs could be accurately predicted. Councilmember Paine asked what would indicate this was a successful project and what was the timeline. Mr. Williams answered it would be a success if it works. For example, if there are 30 milligrams/liter of ammonia nitrogen in the wastewater that goes out to Puget Sound, nitrification works better with warmer water and air temperatures so it is better in the summer as well as there are not the high swings in flow from rainfall and snowmelt. It is unknown what Ecology will require in the permit, whether it will be an annual permit, a seasonal requirement, a milligram/liter level (concentration level), or load limit (pounds/day) that would be allowed to be discharged or possibly both. That is still being debated. This trial would test how the technology works. Mr. Williams explained the process includes placing a wood chip media into the wastewater and the biological microfilm begin growing and living organisms then consume organic nitrogen and turn it into inorganic nitrogen which can be removed. This trial will show how well that works in the treatment plant tanks with wastewater specific to Edmonds and whether the technology has any has promise. Additional work would be required prior to design and eventually construction of a system, but that will be a few Edmonds City Council Approved Minutes May 19, 2020 Page 3 years away. Edmonds is the only treatment plant that has offered to do a trial. Ecology is quite pleased with Edmonds stepping forward and he will likely be invited to their advisory committee on this process as a result. The trial doesn't cost a lot of money and will produce data that will be useful to all other discharges in Puget Sound. Councilmember Paine asked the source of nitrates. Mr. Williams answered people. Councilmember Paine clarified it was not runoff from lawns. Mr. Williams answered there is a bit from that but most of it is the biological process of human beings. There is also some from industries and commercial outlets. Councilmember K. Johnson asked the total cost of the trial. Mr. Williams answered the high $40,000s to low $50,000s (16,000 to 20,000 gallons at $2.92/gallon) for the chemical plus lab costs. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ENTER INTO A REVISED AGREEMENT WITH UNIVAR SOLUTION TO SUPPLY A TANK TO THE CITY (AT NO COST) AND TO INCREASE THE PURCHASE OF SODIUM HYDROXIDE AS DEFINED IN THE CURRENT CHEMICAL CONTRACT FROM 2,500 GALLONS TO 16,000 GALLONS IN ORDER TO SUPPORT THE NITROGEN REMOVAL TRIAL PROJECT. MOTION CARRIED UNANIMOUSLY. 2. 2020 HOUSING RELIEF PROGRAM BUDGET AMENDMENT Assistant Finance Director Dave Turley explained on April 28, 2020, the City Council discussed and approved the Housing Relief Program ordinance. This program is intended to allocate about $100,000 from Fund 018, the Homeless Response Fund. A budget amendment is required to authorize corresponding expenditures from the fund for the program's purpose. Staff s recommendation is to approve the budget amendment and the accompanying ordinance as presented. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE ORDINANCE NO. 4187, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4183 AS A RESULT OF UNANTICIPATED EXPENDITURES OF THE HOMELESSNESS RESPONSE FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Councilmember Buckshnis said she will approve the budget amendment, but a number of citizens have contacted her regarding the use of the Homelessness Fund in view of the City's receipt of $1.7 million from the governor and some think the Council should have waited. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE ORDINANCE TO ADD A NEW SECTION: "THE CITY OF EDMONDS AUTHORIZES APPROPRIATION OF $100,000 FROM THE HOMELESSNESS RESPONSE PROGRAM TO PROVIDE FINANCIAL SUPPORT TO THOSE HOUSEHOLD FACING IMMINENT HOMELESSNESS AS A RESULT OF COVID-19 PANDEMIC. THE CITY COUNCIL SHALL ESTABLISH CRITERIA AND APPROVE A PROCESS FOR DISBURSAL OF THESE FUNDS." Councilmember Buckshnis raised a point of order, asking if Councilmember K. Johnson's intent was to amend Ordinance 4186. Mr. Taraday relayed his understanding that the motion was an amendment to the budget amendment by limiting the way in which the money can be spent in a way the City Council had not previously limited. Councilmember K. Johnson said she voted against the original proposal, not because she did not think it was a good idea. Preventing homelessness is a cost effective and significant role for the City to play, Edmonds City Council Approved Minutes May 19, 2020 Page 4 especially during the COVID-19 crisis. However, her concern was just throwing money at a program without knowing any of the specifics such as which agencies would receive the funds or which people would be helped. She preferred to have some specificity and said she was not trying to do anything more than provide that specificity. For Councilmember K. Johnson, Councilmember Distelhorst explained in the ordinance the Council approved, parameters were set up around eligible organizations, income eligibility as well as a monthly report from City staff to Council. Staff has already contacted a number of agencies and the Council had a fairly robust discussion about what Councilmembers wanted to see and the priority. He viewed this as a second layer of the same thing. Councilmember K. Johnson agreed the Council had a robust discussion, but it was not included in the enabling legislation. She was trying to circle back around to ensure it was a considered program and not just handing over funds without knowing as much as possible. Council President Fraley-Monillas raised a point of order. Councilmembers are in line to speak on the issue. Mayor Nelson responded point taken. Council President Fraley-Monillas encouraged Councilmembers not to support Councilmember K. Johnson's amendment as it puts control back in the hands of Council and she was not confident that was a smart place to put it. City staff is currently talking with eligible agencies, a process she is very interested in because she wants to ensure all the people that need funding are considered including veterans, disabled, and low, low income people. She put City staff in contact with the Director of Human Services of Snohomish County that provided the names of several agencies that can vet issue as the City does not have the ability to vet issues with individuals who may interested in receiving funds. She wanted to ensure the funds were equally distributed, that there was a report back to City Council regarding who had been served, and that eligible agencies were the only ones who have the ability to provide funding to individuals. The amendment gets the Council into an area where they would be deciding who to give funding to and she did not want to do that. She encouraged Councilmembers to support providing funds to reputable agencies for distribution to people who need it. Councilmember Paine referred to Ordinance No. 4186, noting it does cover specificities, divides the funding into three months with $33,000 each and identifies the use for rent, food, medical, childcare or utility costs. She asked if the intent of the amendment was to be more specific than those five items. Councilmember K. Johnson commented Councilmembers are not supposed to have debate. She pointed out following the Council's last discussion which was during an action item rather than a study item, she asked Council Assistant Maureen Judge to research all the services and programs that are available to citizens during the COVID crisis. Ms. Judge provided a 13-page draft to the Council that covers all age groups, seniors, families, students, veterans, disabled, etc. She explained that was an attempt to show all the resources that are available. Councilmember K. Johnson explained with only $100,000, the City's funds should be complementing those other efforts. She was very concerned about only being able to help 100 households so the Council needed to be very thorough and cautious about this. Although the five areas were identified in the ordinance, she personally did not think $100,000 would cover all the needs for all the people. She never considered that the Council would determine who receives the funds, but the Council has not even been provided the agencies that are being considered. She had a conversation with Mr. Doherty today and staff is vetting 4-6 agencies. She concluded this seems like a very rushed program, but it needs to get started so it can help people. Councilmember Paine remarked that was beyond her question. Councilmember K. Johnson said she was not responding to Councilmember Paine's question, she was making comment. She reiterated under Robert's Rules of Order, Councilmember are not supposed to have debate. Edmonds City Council Approved Minutes May 19, 2020 Page 5 Council President Fraley-Monillas raised a point of order. There are several Councilmembers waiting to speak and the discussion should not be brought back to Councilmember K. Johnson. Mayor Nelson advised Councilmember K. Johnson had concluded her remarks. Councilmember Distelhorst commented Councilmember K. Johnson brought up some good points. A number of Councilmembers are keen on ensuring these funds are spent well and appropriately and have been in touch with staff. He was confident City staff was doing good work and he looked forward to adding the City's program to the list of resources that are available to residents. Council President Fraley-Monillas referred to the language in the amendment, "the City Council shall establish criteria and approve a process for disbursal of these funds" which she did not think was an appropriate role for the Council. In addition, that was done when the Council approved the original ordinance. Staff is interviewing agencies to identify those that will serve all Edmonds residents experiencing issues and she did not think it was appropriate for the City Council to do that. The City now has a human services coordinator to assist in that effort. She encouraged Councilmembers not to support the amendment as she believed it would slow down the process for the people who need money for the issues they are facing. Councilmember Olson appreciated Councilmember K. Johnson making the point about ensuring what the Council wants to have happen as a result of legislation is written in the legislation. She referred to what happened at the federal level where small business loans ended up going to big businesses. She was comfortable that was done in the ordinance so she would not support the amendment. She hoped Councilmembers would hold onto the concept that Councilmember K. Johnson raised for all legislation, to ensure the Council's desire is expressed in the legislation so unintended things do not happen. Councilmember L. Johnson concurred with Councilmember Olson and Council President Fraley- Monillas. She agreed the Council did the work in the original ordinance to provide specificity and oversight. The level to which the amendment goes giving it back to Council is definitely outside the Council's wheelhouse. The City has staff including human services who are trained specifically to do this. If the Council wants to do this the right way and have the funds used in the best way, she preferred people who are trained experts handle it. Councilmember Buckshnis did not support the amendment but offered to make another amendment to Section 1 that will address Councilmember K. Johnson concerns. COUNCILMEMBER K. JOHNSON WITHDREW THE AMENDMENT. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO ADD TO THE END OF THE FIRST SENTENCE IN SECTION 1, "FACING IMMINENT HOMELESSNESS AS A RESULT OF THE COVID-19 PANDEMIC. Councilmember Buckshnis said her intent was to address Councilmember K. Johnson's concern about residents facing imminent homelessness. City Clerk Scott Passey said that amendment is to an ordinance that is not on the floor. The ordinance on the floor is the budget amendment. Councilmember L. Johnson asked what imminent homelessness meant, how that would be defined and who would decide a person was facing it. COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT. Edmonds City Council Approved Minutes May 19, 2020 Page 6 MOTION CARRIED (6-0-1), COUNCILMEMBER K. JOHNSON ABSTAINED 3. 2020 FACILITIES ENERGY SAVINGS CONTRACT ADDENDUM WITH DEPARTMENT OF ENTERPRISE SYSTEMS Public Works Director Phil Williams reviewed the proposed Contract with Department of Enterprise Systems DES for the following ro'ects: Project Cost Frances Anderson Center Roof $479 453 Commissioning City Hall HVAC $26,094 City Hall Windows $297 764 LED Replacements $684,708 Public Safety Bld . Storefront windows and doors $28,393 Total $1,516,411 Mr. Williams explained the total is offset by $450,000 in grants and appropriations and the balance of $1.07 million corresponds to the amount in the 2020 budget. Staff is seeking approval of an energy services contract addendum between the City and DES via an ESCO project. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO AUTHORIZE THE MAYOR TO SIGN THE NECESSARY DOCUMENTS TO IMPLEMENT THE 2020 ESCO PROGRAM. MOTION CARRIED UNANIMOUSLY. 8. STUDY ITEMS 1. BUDGET IMPACTS FROM COVID-19 AND THE FINANCIAL FORECAST Assistant Finance Director Turley explained tonight's presentation is related to budget impacts as a result of the COVID-19 induced economic crisis. He will provide a monthly status update and every month will be more accurate as actual activity occurs. Tonight's presentation will be primarily about the General Fund. These estimates were prepared 1-2 months ago early in the pandemic when some were saying it would only last a few weeks. It now appears it will last at least most of the year. The purpose of tonight's presentation is to inform the Council how staff currently believes the pandemic will affect the General Fund financially. As the City nears preparation of the 2021 budget, Council and the Administration can work together over the next several months to shape the 2021 budget in a way that the City can remain financially sound. Mr. Turley said staff previously shared the estimate that General Fund revenues will decline by about $4 million (9.2%) compared to the budget. Staff has also identified $271,000 in savings from suspending new hires. Later in his presentation he will share several positions that have been suspended or placed on hold. About $1.3 million in expenditures have been identified that can be postponed or permanently eliminated. The list of expenditures was prepared weeks ago, and some of the items have been re- evaluated. He will share several of the items that make up that amount, but the list has changed since the original $1.3 million was calculated and will be updated during future presentation. Mr. Turley reviewed Edmonds General Fund and Effects of the Pandemic Buduet compared to Estimated Receipts: Budgeted Rev Est. Receipts Est (Over) Est. Under Budget General Fund Revenues Sales Tax $8 450,000 1 $6,214,000 $2,236,000 26% Edmonds City Council Approved Minutes May 19, 2020 Page 7 Property Tax 14,850,000 14,1850,000 - 0% Utility Taxes and other 7,880 000 7,778,000 102,000 1% Licensing, penuits 2,260,000 2,125,000 135,000 6% Intergovernmental 947,000 1,000,000 53,000 -6% Service Fees 6,419,000 5,481,000 938,000 15% Fines and Penalties 543,000 187,000 356,000 66% Misc & Interfund Transfers 2,454 000 2,160,000 294,000 12% Total $43,803,000 $39,795,000 $4,008,000 1 9.2% Sales Tax Receipts January $635 000 $635,000 -- 100% February 800,000 800,000 -- 100% March 595,000 35,500 59,500 90% April 5659000 395,500 169,500 70% May 730,000 146,000 584,000 20% June 670,000 167,500 502,500 25% July 705,000 317,250 387,750 45% Au ust 785,000 549,500 235,500 70% September 730,000 584,000 146,000 80% October 745,000 633,250 111,750 85% November 790,000 750,500 39,500 95% December 700,000 700,000 -- 100% # Graph of the Shape of Recovery • Budaet compared to actuals: Sales Tax Recei is Budgeted Rev Est. Receipts Est (Over) Under Budget Est January $635,000 $692,248 $ 57,248 109% Februar y 800,000 847,707 47,707 106% March 595,000 679,921 (84,921 114% April 565,000 395,500 169,500 70% May 730,000 146,000 584,000 20% June 670,000 167,500 502,500 25% July 705,000 317,250 387,750 45% August 785,000 549,500 235,500 70% September 730,000 584,000 146,000 80% October 745,000 633,250 111,750 850o November 790,000 750,500 39,500 95% December 700,000 700,000 -- 100% General Fund Revenues Sa7es'Tax $8,450,J700 - $1,986,624 24V,- Property Tax 14,850,000 14,1850,000 - 0% Utility Taxes and other 7,880 000 7,778,000 102,000 1% Licensing, Vennits 2,260,000 2,125,000 135,000 6% Intergovernmental 947,000 1,000,000 53,000 -6% Service Fees 6,419,000 5,481,000 938,000 15% Fines and Penalties 543,000 187,000 356,000 66% Misc & Interfund Transfers 2,454,000 2,160,000 294,000 12% Actual Actual Actual Edmonds City Council Approved Minutes May 19, 2020 Page 8 Total $43,803.000 $4,044 376 $3 757,624 8.6% Impact on Fund Balance 1 / 1 /2020 Unrestricted General Fund Contingency Reserve Total Available 2020 Adopted GF Budget 1 /31 /2020 Fund Balance $13,552,187 1,782,149 $15,334,336 $48,244,815 20% 3/30/2020 Fund Balance $9,855,874 1,782,149 32% $11,638,023 $48,244,815 20% Balances assuming $4 million loss $9,552,187 1,782,149 24% $11,334,336 23% $48,244,815 20% Targeted Minimum Reserve $9,648,963 $9,648,963 $9,648,963 o Best practice and City Policy: 20% of General Fund annual operating expenditure budget Position savings o On Hold (may not be hired at all in 2020): ■ Various Parks Program Positions ■ Ranger Naturalist ■ Storm / Street Maintenance Workers ■ Finance Manager for Public Works WWTP Operator -in -Training Crime Prevention/Community Engagement Coordinator o Delayed (planning to fill these position, but later in the year than originally planned): 9 Parks Seasonal / Maintenance Workers ■ Web Systems Analyst ■ Associate Planner Estimated Expenditure Reductions o Reduced Jail costs - $138,000 o Parks seasonal staff, professional services - $248,000 o Parks repairs / maintenance - $50,000 o Reduced Fire Hydrant repair / maintenance - $200,000 o City-wide reductions in Supplies, Travel, Professional Services - $75,000 o Open Space land acquisition - $300,000 Mr. Turley explained there are many other areas where additional expenditure reductions can be created such as large capital projects that could be easily delayed or scaled back and maintenance on facilities that could be delayed. He emphasized this list is early and evolving, as the pandemic evolves. He was confident the Administration will be able to identify and secure cost savings in these and other areas that will be sufficient to close the $4 million gap, with as small as possible impact to City services. Mr. Turley continued: * Cost reduction measures that the City has already taken. 1. Reduce transfers from General Fund 2. Reduced travel and training 3. Reduce less essential purchases 4. Hiring freeze / suspending or postponing new hires 5. Reduced part-time / seasonal staff 6. Reduced professional services 7. Closing of facilities, discontinuing services Other cost reduction measures that have not been taken, but could be considered in the future: 1. Restrict / reduce overtime work 2. Voluntary reduction of employee hours Edmonds City Council Approved Minutes May 19, 2020 Page 9 3. Early separation incentives 4. Furloughs (subject to labor neg.) 5. Layoffs (subject to labor neg.) Councilmember Buckshnis referred to page 27 of the budget book, the percentage of General Fund by revenue types, noting l 5% of revenues is B&O. She asked whether that was included in sales tax, noting she was concerned about small businesses. Mr. Turley advised that was included in licenses and permits. Councilmember Buckshnis suggested future presentations break out all the reserves. Her calculation was $1,966,000 versus $1,782,000. Councilmember Buckshnis commented on the importance of considering the demographics of Edmonds and the retired per capita population; 10% of the population that is below that threshold and asked about the other 90%. She relayed a senior that spoke to her wondered why Mayor Nelson was not opening the economy because her kids cannot work but she can afford it. Councilmember Buckshnis inquired about the unemployment rate in Edmonds, relaying a lot of people want to know that and that some say Edmonds will be fine because a lot of retired people in Edmonds. She also asked about utility taxes. Councilmember Buckshnis commended staff for the information and said she was glad Mayor Nelson was sharing this information. She expressed interest in having this information available for the public to review and comment. Council President Fraley-Monillas commented there has been a lot of talk about cities around Edmonds having meetings before Edmonds did. It was her understanding that a number of surrounding cities are running seriously into the red because they did not plan or have money in reserves. She asked if that was an issue for Edmonds. Mr. Turley recalled staff saying for the last several quarters that Edmonds was in fairly good shape financial. Other cities have already begun layoffs and furloughs which are pretty extreme measures. A year ago some cities had reserves that were significant below the 20% best practice. He was glad he worked in Edmonds where hopefully some of those more drastic measures could be put off. Council President Fraley-Monillas was concerned that discussion has been occurring in the community that Edmonds was not working on this and other cities were working on it and meeting frequently. Her knowledge of some of those other cities was they were running into red and did not have reserves. She appreciated staff keeping up with what is going on in other cities and she did not want to compare Edmonds to other cities who are millions in the red during this pandemic because they counted too much on sales tax. Fortunately, Edmonds receives a good amount of property taxes as well as sales tax from car dealerships. She asked about the sale of cars, assuming there has been some lost revenue. Economic Development/Community Services Director Patrick Doherty said he has been in touch with some of the dealerships in the City. Sales tanked initially because they were not allowed at all except for emergency conditions and other small exceptions. In Phase 1 reopening which began earlier this month, car dealerships have resumed auto sales with health security measures in place. They also rely on online shopping and appointments for car shopping. In talking with one car dealership since the Phase 1 reopening, they are seeing pent up demand that was not met during the initial 6-8 weeks. They are certainly not back to normal, but they believe they will see a healthier return, if not back to fully normal, in the future. Councilmember Paine thanked staff for the report and the rapidity in which it was provided. She asked in the future as more information is available, if staff could provide a high, medium and low projection regarding revenues. Mr. Turley clarified she was interested in an optimistic, middle and pessimistic forecast. Councilmember Paine said that would be useful information to access the economy. Mr. Turley Edmonds City Council Approved Minutes May 19, 2020 Page 10 agreed that could be done and offered to speak to each Councilmember as he prepared for the next update to determine what information they would like included. Councilmember K. Johnson expressed interest in expenses. She pointed out salaries and benefits are the City's largest expense and the public may not understand that most staff are not working full-time. She relayed there are 38 people who cannot work from home who are being paid their full salary. She requested an update on that topic. She referred to information she received from a sister agency regarding COVID-19 scenarios and benefits available that is published by the Employment Security Department regarding paid sick leave, unemployment insurance, paid family and medical leave and industrial labor and industry insurance. Mayor Nelson advised the City's HR Director will be speaking at the next meeting regarding how City staff are providing continuity of government and essential services and how the health and safety of City staff is being protected. Councilmember Buckshnis referred to the funding provided by the governor, and asked whether that was to be used for citizens and for the City itself. Mayor Nelson answered the $1.26 million was determined based on population. Its use is primarily for City operations and the effects of COVID. However, consideration is being given to some distributions to external parts of the community. Consideration is also being given to what Snohomish County is doing and whether there are ways the City can partner because the County has a larger amount of those funds. He summarized the funds are for any COVID- related expenses and is a reimbursable format. Hazard pay is an example of something the City could be reimbursed for. Councilmember Buckshnis said she would send staff some additional questions. 9. MAYOR'S COMMENTS Mayor Nelson wished Councilmember Olson a Happy Birthday on behalf of the City of Edmonds. He relayed his sadness at the inability to have a Memorial Day ceremony at the Edmonds Cemetery as has been done in years past. The virus need not prevent citizens from individually recognizing those who have made the ultimate sacrifice to protect what we hold dear. He encouraged everyone to pay their respects this Memorial Day in their own individual ways. 10. COUNCIL COMMENTS Councilmember L. Johnson recalled during the last Council meeting, the City Attorney advised the Council on the legality of discussing the first quarter financial report. His legal opinion was that under the revised OPMA, it was unlikely any discussion would be deemed necessary as the first quarter report did not contain any COVID-related significance. He also stated that this was only his legal opinion, made in an effort keep Council out of trouble but that Council was not obligated to follow his advice. In reply, a Councilmember accused Mr. Taraday of disagreeing on the importance of accounting, financial management and fiscal responsibility. This comment was not directed at the merit of his advice but at his character. Councilmember L. Johnson said whether or not the Council agrees with the City Attorney's advice, the fact is he was doing his job. Councilmembers shouldn't shy away from debate or disagreement, but they should never engage in personal attacks. To his credit, Mr. Taraday handled this with calm and grace, but no one should have to handle this type of treatment. Councilmembers may have little power to prevent such behavior, but do have the power to speak up when they see it and when they don't, they are complicit. She hoped the Council could soon discuss updating the Council code of conduct, but in the meantime there are behaviors that cannot be ignored and this is one of them. Moving forward she hoped Councilmembers would do better. Councilmember Olson hoped everyone will find a way to honor our country's fallen heroes on Memorial Day, male and female and of every religious affiliation. Slow response and inadequate justice for murders Edmonds City Council Approved Minutes May 19, 2020 Page ] ] of Americans of color dishonors the sacrifice of fallen heroes, especially those who were people of color themselves. She hoped everyone who loves America and says the pledge with passion as she does will double down on the final sentence, with liberty and justice for all. She wished everyone a Happy Memorial Day and said thanked those who paid the ultimate sacrifice. Councilmember Distelhorst voiced a similar sentiment in thanking all current and former members of the armed forced, including those who paid the ultimate sacrifice. Both his grandfathers served. He urged the public to continue to stay safe over the long holiday weekend, noting it is easy to want to be out and travel, but it is still necessary to take all the health and safety precautions. In response to Councilmember L. Johnson, Councilmember Buckshnis said the minutes state she agreed to disagree with Mr. Taraday which she did not think was a personal attack. She recalled Councilmember L. Johnson had attacked her on two occasions in the past. Councilmembers are just trying to get the job done. She cannot change Councilmember L. Johnson's perception of her, she is a former regulator. The minutes state she researched a number of cities and that she and Mr. Taraday disagreed about the importance of financial accounting, financial management and fiscal responsibility There was no attack and they can agree to disagree which she and Mr. Taraday have done on numerous occasions. She agreed with discussing the code of conduct, commenting she has issues with things that have been said against her. If Councilmembers do not speak their mind about accounting and the financial oversight of the City, which is one ofthe Council's responsibilities, then Councilmembers are not doing their jobs. She wished everyone a wonderful Memorial Day. She was sad that the day would not include the wonderful Memorial Day event at the cemetery. Council President Fraley-Monillas honored her late mother and father; her mother served as an officer in WWII and her father flew for the Air Force in WWII. She also honored her father-in-law who was in WWI and WWII and did his finest, captured by the Japanese and surviving internment camps. She relayed her sorrow at the passing of her nephew who was in the Middle Eastern Conflict. She supported honoring everyone who has served in the military. She plans to visit the cemetery to honor those stood for and have died for us. Councilmember K. Johnson wish everyone Happy Memorial Day and to stay well. Councilmember Paine congratulated Students Saving Salmon at Meadowdale and Edmonds-Woodway High Schools who received a leadership award from the Snohomish County Conservation District. She planned to encourage the City to report on revenues and disbursements for things that will help identify the temperature of local businesses and accounting for funds that have been distributed such as the Chamber of Commerce's Wish Fund, how that was distributed and to what neighborhoods, revenues and disbursements from the Business Improvement District and from the Homelessness Fund. She understood a report would be provided regarding the use of funds from the Homelessness Response Fund but the other two have not been discussed much. She wished everyone a safe and thoughtful Memorial Day, noting war has affected us all. U. ADJOURN With no further business, the Council meeting was adjourned at 8:20 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes May 19, 2020 Page 12 of Americans of color dishonors the sacrifice of fallen heroes, especially those who were people of color themselves. She hoped everyone who loves America and says the pledge with passion as she does will double down on the final sentence, with liberty and justice for all. She wished everyone a Happy Memorial Day and said thanked those who paid the ultimate sacrifice. Councilmember Distelhorst voiced a similar sentiment in thanking all current and former members of the armed forced, including those who paid the ultimate sacrifice. Both his grandfathers served. He urged the public to continue to stay safe over the long holiday weekend, noting it is easy to want to be out and travel, but it is still necessary to take all the health and safety precautions. In response to Councilmember L. Johnson, Councilmember Buckshnis said the minutes state she agreed to disagree with Mr. Taraday which she did not think was a personal attack. She recalled Councilmember L. Johnson had attacked her on two occasions in the past. Councilmembers are just trying to get the job done. She cannot change Councilmember L. Johnson's perception of her, she is a former regulator. The minutes state she researched a number of cities and that she and Mr. Taraday disagreed about the importance of financial accounting, financial management and fiscal responsibility There was no attack and they can agree to disagree which she and Mr. Taraday have done on numerous occasions. She agreed with discussing the code of conduct, commenting she has issues with things that have been said against her. If Councilmembers do not speak their mind about accounting and the financial oversight of the City, which is one of the Council's responsibilities, then Councilmembers are not doing their jobs. She wished everyone a wonderful Memorial Day. She was sad that the day would not include the wonderful Memorial Day event at the cemetery. Council President Fraley-Monillas honored her late mother and father; her mother served as an officer in WWII and her father flew for the Air Force in WWII. She also honored her father-in-law who was in WWI and WWII and did his finest, captured by the Japanese and surviving internment camps. She relayed her sorrow at the passing of her nephew who was in the Middle Eastern Conflict. She supported honoring everyone who has served in the military. She plans to visit the cemetery to honor those stood for and have died for us. Councilmember K. Johnson wish everyone Happy Memorial Day and to stay well. Councilmember Paine congratulated Students Saving Salmon at Meadowdale and Edmonds-Woodway High Schools who received a leadership award from the Snohomish County Conservation District. She planned to encourage the City to report on revenues and disbursements for things that will help identify the temperature of local businesses and accounting for funds that have been distributed such as the Chamber of Commerce's Wish Fund, how that was distributed and to what neighborhoods, revenues and disbursements from the Business Improvement District and from the Homelessness Fund. She understood a report would be provided regarding the use of funds from the Homelessness Response Fund but the other two have not been discussed much. She wished everyone a safe and thoughtful Memorial Day, noting war has affected us all. ll. ADJOURN With no further business, the Council meeting was adjourned at 8:20 p.m. MI.HAEL NELSON, MAYOR CO P RSSEITY CLERK Edmonds City Council Approved Minutes May 19, 2020 Page 12 Public Comment for 5/19/20 Council Meeting: 5/19/20 Lori Rasmussen, Subject: Public Comment for Tonight During this extremely challenging time impacting Edmonds Citizens in so many ways, Council members and the public request more open government of the first quarter budget review and the ongoing budget during City Council meetings; keep the public in on the discussions. Covid drives the agenda. 5/19/20 Michelle Dotsch, Subject: Fwd: Idea on the formation of a Liason Group or Task Force to help our local Long-term care facilities This email below was originally sent on Tuesday, April 28, 2020. 1 received no response so I am urging Councilmembers to have a meaningful discussion, at a minimum, on the reality of this COVID-19 outbreak on our most vulnerable Edmonds residents and their dedicated caregivers. Councilmember Kristiana Johnson had briefly made mention of this topic at the end of the last Council meeting. In having our own Life Care Center type of Coronavirus outbreak right here in Edmonds at Rosewood Courte Memory Care, where it sped through the 45 bed facility with 46 staff members, hitting it almost 6 weeks after the Life Care outbreak in Kirkland. 47 residents and staff tested positive (2nd most of any LTC facility in the county) and 12 Edmonds residents died there, a full 25% of all residents at this facility. This testing came much too late for Rosewood Courte on April 13, 2020 and only after the outbreak started killing residents, so it was able to spread rapidly. With so many of the staff also testing positive (not knowing themselves they were infected), some working at multiple LTC facilities, rapid testing of staff is extremely critical, as well as any new residents. I am not blaming anyone at Rosewood Courte, as the facts on the ground is that a memory care facility is incredibly difficult to manage residents who cannot follow instructions, so testing should have absolutely been prioritized sooner along with other LTC facilities. Another Memory Care facility in Edmonds, Cedar Creek up by the E-W high school, had 22 test positive and 1 resident die of the virus. So 13 of the 24 residents of Edmonds who have died from COVID-19 are from just these 2 Memory Care facilities located within the City of Edmonds. Currently a full 61 % of WA state's coronavirus cases from the state's own data, are linked to long-term care facilities. This includes both residents and staff. If you had an outbreak of 61 % of your residents, let's say they all lived on 5th Ave in condos and 25% of them died, would you do something... anything? I want our residents and staff of these LTC facilities in our town to be afforded a sense of urgency and not be left in the shadows any longer. Thank you all for your continued desire to help during this crisis. I hope this topic (absolutely related to Covid-19 under the Governor's meeting orders) can be added to tonight's agenda and start the conversation. Your most at -risk residents to this pandemic without a voice will thank you. 5/17/20 Kevin Oliver, Subject: Pedestrianize Parts of Downtown Edmonds I recently read with interest a column in the Edmonds Beacon written by Rick Steves about closing down parts of downtown Edmonds to auto traffic. I could not agree more with Mr. Steves. What sets Edmonds apart from nearby towns such as Lynnwood is that we have a beautiful downtown area that should not only be a safe zone for pedestrians but also a place that invites citizens to linger, sit, and relax. I choose Edmonds as a place to live because it seemed like the only place in the Seattle area that was remotely pedestrian friendly. Let's be Edmonds City Council Approved Minutes May 19, 2020 Page 13 bold and make it more so. Perhaps we can experiment with closing parts of downtown to cars on weekends first and then take it from there? 5/17/20 Ken Reidy, Subject: Public Comment for May 19, 2020 City Council Meeting: Executive Sessions, "That's not for public knowledge yet", and Public record requests On November 7, 2011, at 5:15 pm, a Special Monday Meeting of the City Council was held for the sole purpose of City Council convening in Executive Session regarding potential litigation per RCW 42.30.110(1)(i). Litigation can be either potential or pending and the details in the November 7, 2011 agenda clearly identified this matter involved potential litigation only. (Please note - a Special Meeting for the sole purpose of City Council convening in Executive Session may have taken place on Friday, May 15, 2020. The public has not been allowed to see if that Special Meeting was called to order or adjourned. All the public can see is a 24 second long video that says "The meeting will begin shortly ...") The November 7, 2011 Special Meeting was called to order and there was a flag salute. Elected officials present were identified and so were the two councilmembers who were absent. The staff present were identified also, in this case Jeff Taraday, City Attorney, Mark Bucklin, Attorney, Keating, Bucklin, McCormack and Sandy Chase, City Clerk. Mayor Cooper announced that the City Council would convene in executive session regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. He noted that executive sessions are closed to the public. Mayor Cooper further announced that the City Council may take action as a result of meeting in executive session. Mayor Cooper said this action would occur when the City Council reconvenes in open session. Elected officials present at the executive session were: Mayor Cooper, Councilmembers Plunkett, Bernheim, Fraley-Monillas, Buckshnis, and Peterson. Others present were City Attorney Jeff Taraday, Attorney Mark Bucklin, and City Clerk Sandy Chase. The executive session concluded at 5:40 pm. At 5:43 p.m., Mayor Cooper reconvened the open session of the City Council meeting because of potential action as a result of Executive Session discussion. Mayor Cooper asked Council if any action was required as a result of Executive Session discussion. The City Council did not take action. The Special Meeting was then adjourned at 5:45 pm. It is critical that Public Meetings are reconvened after an Executive Session so that the Public can see if any action is to take place after the Executive Session or if no action is necessary. For example, if the City Council decides to acquire property after discussing such in Executive Session, the vote to approve such is an action and actions should be conducted in an Open Public Meeting. If a Special Meeting is not reconvened after Executive Session, the public has no way of knowing if any action was required as a result of Executive Session discussion. Sadly, Executive Sessions are not always administered as well as the November 7, 2011 one was. On March 16, 2017, 1 asked elected officials, the City Clerk, the Council Administrative Assistant, and the City Attorney to please conduct a thorough, comprehensive study of how I became a frequent public record requester. I asked them to please make full, truthful disclosure of such to the public after the study had been completed. I said that I think so much can be learned from my story. I said that I am very willing to work with the City, State Officials, MRSC and or local press. I said that maybe the Seattle Times or the Everett Herald would like to write a comprehensive report on what caused me to become and stay a frequent public record requester - especially if this becomes a topic the public is interested in this year (2017) due to what is being discussed in Olympia. I said that I am right here - just a few blocks from City Hall. I said I am willing to work together to make full transparent disclosure to the public of the true facts that drive my public record requests, as well as the related cost. I said I am willing to work together to identify steps Edmonds City Council Approved Minutes May 19, 2020 Page 14 that can be taken to help mitigate the problem - and possibly lead to a great reduction in public record request activity. I said I believe government conduct that can lead to public record requests should be studied. As an example, I attached an email exchange that took place on October 26, 2005. 1 said I was providing this as an example of conduct which may cause the public to worry about what else is taking place outside of public knowledge. I said I believed this type of government conduct can contribute to increased volume of public record requests. I asked: Why would a signed purchase and sale agreement that is in escrow be "not for public knowledge yet"? In the example I provided, the City Council reached consensus to buy the property in Executive Session, as documented in the October 18, 2005 Executive Session Meeting Minutes. October 18, 2005 was 8 days before the October 26, 2005 email exchange. I am pretty sure that reaching consensus is an action that should be done in an Open Public Meeting. I concluded by saying that I think stud_ying frequent requesters to determine how they became such should be an important part of any legislative effort related to public record requests. I said that I have volunteered to participate and continue to do so. On September 28, 2016, 1 had emailed Washington State Representative Terry Nealey the following: I believe much can be learned from studying citizens like myself - citizens that have developed into frequent public record requesters. I have ideas that may be helpful. One idea is for the public entity to intervene in the situation early - when it becomes apparent that a party is developing into a repeat or frequent requester. Proactive efforts may help to mitigate the problem - and possibly lead to a great reduction in public record request activity. My issues with Edmonds will only be discussed in light of the details behind how I became a frequent public record requester. It will be hard to study me without knowing something about my history. I believe strongly that I am a great example of a citizen who should never have became a frequent public record requester. I can also shed insight into what a citizen is thinking when he requests public records over and over again. Rep. Terry Nealey, R-Dayton, had co -sponsored House Bill 2576 which involved potential reform to public records laws. At one point, I had even offered to meet him in his home town of Dayton which is near Walla Walla. Sadly - State Representative Terry Nealey did not respond to my September 28, 2016 email. Please know that the two documents attached are part of this Public Comment for the May 19, 2020 City Council Meeting. Thank you. Attachments to be included with Public Comment: Attachment #1 From: Haakenson, Gary To: Bullock, Steve; Bowman, Duane; Chave, Rob Subject: RE: Is the City done trying to purchase Rob Michel"s property on Main? Date: Wednesday, October 26, 2005 10:35:24 AM I have signed a purchase and sale agreement with him and it is in escrow. That's not for public knowledge yet. I'll call him and ask him what he would like to do about the HE. Gary -----Original Message ---- From: Bullock, Steve Sent: Wednesday, October 26, 2005 11:09 AM To: Haakenson, Gary; Bowman, Duane; Chave, Rob Subject: Is the City done trying to purchase Rob Michel's property on Main? Attachment #2 CONFIDENTIAL These minutes are not to be released to the public unless approved by the City Attorney. Per City Council Resolution No. 853 Real Estate Matter — Property on Main Street Edmonds City Council Approved Minutes May 19, 2020 Page 15 Mayor Haakenson reported Rob Michel is asking $200,000 for the property on Main Street. The appraised value is $250,000. It was the consensus of the City Council to purchase the property. The Executive Session adjourned at 6:55 p.m. Edmonds City Council Executive Session Minutes October 18, 2005 Page 2 5/16/20 Maureen Rivelle, Subject: Please consider Rick Steve's Idea! Hello! I live and work here in Edmonds, and I just finished reading Rick Steve's article in the Beacon about closing some of the streets in downtown Edmonds, around the fountain, to through traffic. The goal is to allow more foot traffic in our beautiful downtown area, and this idea has lots of side benefits! I am sure that it would make Edmonds much more user friendly, would draw more people to our merchants in Edmonds, and would help the surrounding restaurants and businesses deal with the need for more space due to the pandemic. Making the fountain a park -like area, with benches around it, and maybe even replacing the asphalt roads with pavers or cobblestones, would really enhance the feeling of homeyness in our downtown area a hundred -fold. Please seriously consider this change. Everyone I've spoken to here in Edmonds, thinks it's a grand idea! This season, I sponsored a corner park right by the fountain, so I am really psyched about beautification and access for everyone to our great little town. Thank you 5/15/20 Ken Reidy, Subject: Public Comments for May 19, 2020 City Council Meeting City Council had a tenuous argument on whether a discussion of the City's 1 st Quarter 2020 Financial Report met Governor Jay Inslee's Proclamation 20-28 during the May 12, 2020 City Council meeting. City Attorney Jeff Taraday told Council "I am trying to keep you out of trouble Out of trouble from what? Does not Governor Inslee's Proclamation deal with ACTION, not a simple discussion held for informational purposes? I believe it pretty clear that City Council can conduct business that needs to get done but should hold off on taking ACTION on non -urgent matters or matters not typically considered under normal policies, practices and procedures. If one thinks about it, this makes common sense. The Governor's restrictions are not on what government bodies can talk about during this time of remote meetings. The idea is to wait on ACTION items that require public involvement unless those ACTION items are necessary and routine matters or are matters necessary to respond to the COVID-19 outbreak and the current public health emergency. Please look at Packet Pg. 110 from the December 17, 2019 City Council Meeting Packet. This Packet Page dealt with review of the September 2019 Quarterly Financial Report. Staff's Recommendation was: No action needed; informational only. So, we clearly see that no action is needed for the review of a Quarterly Financial Report. Again - Out of trouble from what? If one wants to see an example of an actual ACTION item that took place after Governor Jay Inslee issued Proclamation 20-28 at 5:30 PM on March 24, 2020, please look at Packet Pages 136-141 from the March 24, 2020 City Council Meeting Packet. Staff's recommendation was: Staff is recommending that the City Edmonds City Council Approved Minutes May 19, 2020 Page 16 Council make the following motion: Motion approving Resolution No. XXXX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF DEPOSIT ACCOUNT AND AN AMENDMENT TO GROUND LEASE IN RELATION TO THE CITY'S PROVIDING OF $2,000,000 COLLATERAL IN SUPPORT OF THE EDMONDS SENIOR CENTER'S BORROWING OF UP TO $2,000,000 FROM FIRST FINANCIAL NORTHWEST BANK TO COMPLETE CONSTRUCTION OF THE EDMONDS WATERFRONT CENTER. Was this a necessary and routine matter or a matter necessary to respond to the COVID-19 outbreak and the current public health emergency? If not, did the City Attorney fail to try to keep City Council out of Trouble? Edmonds City Council Approved Minutes May 19, 2020 Page 17 :1�