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Cmd082520EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES August 25, 2020 ELECTED OFFICIALS PRESENT Adrienne Fraley-Monillas, Mayor Pro Tem Susan Paine, Council President Pro Tem Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshms, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor CALL TO ORDERIFLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Angie Feser, Parks, Rec. & Cultural Serv. Dir, Rob English, City Engineer Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Pro Tem Fraley-Monillas. The meeting was opened with the flag salute. Mayor Pro Tem Fraley-Monillas described the procedures for audience comments. 2. LAND ACKNOWLEDGEMENT Council President Pro Tem Paine 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, with the exception of Mayor Nelson, were present, participating remotely. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PRO TEM PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE AGENDA. Edmonds City Council Approved Minutes August 25, 2020 Page 1 Councilmember Buckshnis requested Item 6.3 be removed from the Consent Agenda and discussed during Consent. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO REMOVE ALL ACTIONS ITEMS EXCEPT ITEM 1, 2021-2026 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM. Councilmember K. Johnson explained it has been the Council's practice to have discussion before taking action. The Council has not had discussion on Items 3, 4 and 5. Councilmember Buckshnis expressed support for removing those items, particularly having discussion on Item 7.2, if there are no time constraints, due to the number of citizen comments. Council President Pro Tern Paine preferred to retain Item 4, Compensation of Legislative/Executive Assistant to Council, as it had been discussed amply. Councilmember K. Johnson clarified her motion was move those items to discussion and not remove them from the agenda. She will propose something separate for Item 7.2, Informational Panel at the Salish Crossing. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO MOVE ACTION ITEMS 3, 4, AND 5 TO DISCUSSION ITEMS FOR TONIGHT. Councilmember L. Johnson did not support the motion as each of these item has been discussed previously at one time or another and she preferred to retain them as action items. When the Council reaches that item, members have the option of deciding whether to take different action. Councilmember Olson expressed support for moving items that have not been previously discussed which would include Item 7.2, Parks, Recreation & Cultural Services Dept. Update/New Program, in view of the Council's protocol. Mayor Pro Tern Fraley-Monillas advised Item 7.2 was an action item on the agenda. Councilmember Olson recalled Councilmember K. Johnson indicated she would address Item 7.2 later. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO MOVE THE FOLLOWING ACTIONS ITEMS TO DISCUSSION: 2,4AND 5. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. COUNCILMEMBER K. JOHNSON MOVED TO AMEND THE MOTION TO POSTPONE INDEFINITELY ACTION ITEM 7.3, INFORMATIONAL PANEL AT SALISH CROSSING — COUNCIL DIRECTION REQUESTED. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO MOVE ITEM 7.2 TO DISCUSSION DUE TO THE NUMBER OF Edmonds City Council Approved Minutes August 25, 2020 Page 2 EMAILS RECEIVED IN THE LAST 2 DAYS AND IF THERE ARE NO TIME CONSTRAINTS, IT WOULD BE NICE TO HAVE ANOTHER WEEK. Councilmember K. Johnson said in their conversation today, the Parks & Recreation and Cultural Services Director said it was fine with her if the Council wanted to discuss this item this week and take action next week. The Council usually does not take action on something they have not heard before. Mayor Pro Tem Fraley-Monillas said that was her understanding as well. Councilmember Distelhorst commented just because an item is on the agenda as an action item does not mean the Council is required to act on it tonight. Even if the agenda was not amended, the Council could decide to delay action until next week. Councilmember Olson commented this is a very complex agenda item and the first hint of the topic was on Friday. She understood and respected that there was some sense of urgency, but as she expected there was a lot to delve into and it was more appropriate as a discussion item. UPON ROLL CALL, MOTION CARRIED (4-3), MAYOR PRO TEM FRALEY-MONILLAS AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCIL PRESIDENT PRO TEM PAINE AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO ADD RESIDENTIAL SIGN CODE ENFORCEMENT AS AN ACTION ITEM. Councilmember Buckshnis recalled last week Mayor Nelson said he was not prepared to discuss this item and it would be on the agenda this week. A memorandum has been provided by Development Services Director Shane Hope which Councilmember Buckshnis hoped could be introduced into the record. The memorandum provides all the information necessary to show that the residential sign code is being enforced. Councilmember Distelhorst asked whether it would be possible to submit the memo and have it recorded in the minutes so it was memorialized versus having it as action item. City Attorney Jeff Taraday said ordinarily something would not be added to the minutes without Council action to direct that that occur. Some direction to add it to the minutes would be helpful. Councilmember L. Johnson said it appears what was promised last week was provided in the memo. If the motion was not approved, she was in favor of a motion of putting that memo into the minutes. A date has been included in the memo and at this point it appears to be an administrative issue and she preferred to let that play out. Council President Pro Tern Paine said after reading the memo, it is clear this an administrative manner that is being handled at the appropriate level and did not necessarily need Council action. This is not a policy discussion, it is strictly an administrative body of work. She did not see a need to add the memo to the minutes. Mayor Pro Tern Fraley-Monillas reminded the motion is to include residential sign code enforcement on the agenda as action item. Councilmember Buckshnis recalled there seemed to be a dispute between the administration and citizens last week and a number citizens contacted her and hopefully other Councilmembers. Her intent was to introduce the memo into minutes via whatever vehicle the Council wished. She recalled there was a phone Edmonds City Council Approved Minutes August 25, 2020 Page 3 message saying it wasn't going to happen and now there is a date certain when it will happen. She agreed it was an administrative issue, but it was a legislative issue last week. Her intent was to make public what had happened. Councilmember Olson favored having the memorandum added to minutes via any process. She was confused regarding how to vote on the motion because she would like to vote for a process to include the memo in the minutes. Mayor Pro Tern Fraley-Monillas reminded the motion is to include residential sign code enforcement on the agenda as action item. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND MAYOR PRO TEM FRALEY-NIONILLAS, COUNCIL PRESIDENT PAINE, AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. MAIN MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS (HTTPS:IIZOOM.US1514257752525) Mayor Pro Tern Fraley-Monillas invited participants and described the procedures for audience comments. Greg Toy, Edmonds, was sorry the Council voted to not include residential sign code enforcement on the agenda. He received Ms. Hope's memo this afternoon. He thanked her and her team for resolving the other code violation, the removal of a flagpole that was 18-feet above the roofline of the garage that had cameras that could peer into neighboring bedroom and a skull and crossbones flag. He referred to the third letter that had been sent to this individual that now has a compliance date of September 15"'. He found it problematic that it took 2'/2 months after such a gross code violation was brought to the attention of the enforcement division to initiate this type of enforcement action where a specific date was mentioned. The letter fails to roan an; o nnnth or ronn;rornont nF tho onrlo �uh;oh is to cothnolr frnm tho nrnnortw lino IF th;c inrlivirinnl b... ., ...... .. .,....ode ......,...,..he .,.,.,,...,.. —....I.- r....t.....j .....,. — h. complies with the height and size of the significant requirement but posts it on his property line at the street, another letter will have to be written to address that specific code violation for the same sign. All three of those requirements, the size, height and the setback could have been addressed in one letter. He still did not completely understand the divergency between the mayor and the director of code enforcement's statements, but it seems they are now on the same page. He agreed with Council comments that this is now an administrative issue and not a policy issue. There is still a question related to the cameras on the roof and whether that is a violation. He summarized code enforcement is important and from a policy standpoint, should be a priority of the mayor. With regard to the emergency powers granted to the Mayor in March, he was unsure to what extent Mayor Nelson was utilizing those powers, but five months seemed an extraordinary length of time for emergency powers to be granted and it may be time for the Council to resume its authority and revisit that issue. Lori Rasmussen, Edmonds, pointed out during voting, the chair who is usually the president of the Council, has an opportunity to comment and persuade the vote but when acting as chair, if she understood Roberts Rules correctly, that position needs to stay impartial and not sway the vote or give favoritism and not vote unless there is a 3-3 tie. She acknowledged it may be difficult to remember when switch ing.roles. If she is correct, the chair stays neutral, doesn't persuade on the topic and only votes when there is a 3-3 tie. (Written comments submitted to PublicComment@Edmonds.wa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes August 25, 2020 Page 4 City Clerk Scott Passey reminded that Item 6.3 was pulled under Approval of the Agenda and will be the first action item. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 11, 2020 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 11, 2020 4. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. ACKNOWLEDGE RECEIPT OF CLAIM FROM CARMEN ROSS ($349.99) ACTION ITEMS 1. APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 18, 2020 (Previously Consent Agenda pent 7.3) Councilmember Buckshnis referred to page 26, 7"' line of the first full paragraph, and requested "code of conduct" be changed to "code of ethics." COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON FOR APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 18, 2020 AS AMENDED. MOTION CARRIED UNANIMOUSLY. Councilmember Olson raised a point of order asking if there was a ruling on the Roberts Rules of Order cited during public comment regarding the chair voting. City Attorney Jeff Taraday responded the RCW clearly states when a Councilmember is serving as Mayor Pro Tem, the Councilmember is entitled to vote. 2021-2026 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM Transportation Engineer Bertrand Hauss recalled staff made a presentation in July regarding the 2021-2026 Transportation Improvement Program (TIP). The only public comment during the public hearing was regarding accidents and the intersection delay at 22011, & 841". Staff requested the 3-year accident history for the intersection and found there had only been 5 accidents in the past 3 years, or 1.7 accidents/year which is a low accident rate considering the high traffic volume at the intersection and there were no reoccurring types of accidents. With regard to the intersection delay, Mr. Hauss explained the adopted level of service standard is LOS D; based on modeling done in 2015, the level of service at that intersection is LOS B or approximately a 10 second delay per approach. That is a very good traffic flow and there are no long queues even in the PM peak hours. That information was provided to the person who made those comments at the public hearing. Councilmember Buckshnis said people keep asking her about this and although she asked about it before, the discussion bifurcated into the parking garage. She referred to project 40, Downtown Lighting Improvements for $1.5 million which she recognized was funded by a grant. The project description is installing streetlights on both sides of Dayton Street and other lights in the proximity of the Edmonds Transit Center. She said $1.5 million seemed like a tremendous amount of money for that one street and around the transit center. Mr. Hauss answered these are preliminary cost estimates, the original project was primarily Dayton Street and around the transit station but as the project moves forward, other locations will be Edmonds City Council Approved Minutes August 25, 2020 Page 5 identified where streetlights and pedestrian lights can be added. The scope of the project could definitely increase which is why the cost is higher than first anticipated for the project. Councilmember Buckshnis said she still believes consideration should be given to parking. Councilmember K. Johnson referred to project 36, 4"' Avenue Corridor Enhancement Walkway, commenting she was very interested in this project. A master plan of the corridor is being prepared this year to develop concepts. At a meeting she attended last night, she noticed the project on 4"' Avenue had been truncated, excluding Dayton to Main and looking only at Main to 3rd Avenue. She suggested it would be in the City's best interest to look at the entire corridor even if there are segments that would be installed at different times. Projects like this take a long time and it was unfortunate the Dayton Street project was completed without any consideration of the 4"' Avenue Corridor. To coordinate efforts, Councilmember K. Johnson suggested changing the definition of 436 to include from Dayton Street to Main Street, noting there did not need to be any change to the funding because not all the work would be done this year. Mr. Hauss said he would need to talk to the project manager, Frances Chapin; he did not remember the project ever extending to Dayton. Councilmember K. Johnson said the concept was developed around 2006 and was adopted by the Planning Board along with a change to the zoning to accommodate it. Mr. Hauss offered to follow-up with Ms. Chapin. Mr. Williams said in the 10 years he has been with the City, the cultural corridor was from Main toward the Edmonds Center for the Arts (ECA). Councilmember K. Johnson disagreed. Councilmember Buckshnis recalled the construction of the Dayton Street Plaza, but did not recall the 4"' Avenue Corridor going from Dayton to ECA. She remembered it being from Main to the ECA. Council President Pro Tern Paine suggested getting a cost estimate for that section. Mayor Pro Tern Fraley-Monillas said she also remembered it being from Main to the ECA, noting she had followed that issue even before she was on the Council. Councilmember K. Johnson said there is a presentation on the City's website that shows the timeline and the extent of the project. She feared if the segment from Dayton to Main was ignored in the master plan, it may not get implemented. Mayor Pro Tern Fraley-Monillas asked if the Council could move forward with approving the TIP and staff follow-up on Councilmember K. Johnson's question. Mr. Williams answered there are no funds budgeted for the project. He had no issue with staff looking at Main to Dayton to determine what has been done in the past and whether to include it. Mayor Pro Tern Fraley-Monillas asked if approval of the TIP needed be delayed pending that research. Mr. Williams answered no, Mr. Hauss, Mr. English and he can research when or whether that was part of the project, and return to Council to determine whether it should be included. With that direction, he recommended the Council approve the TIP. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR APPROVAL OF THE TRANSPORTATION IMPROVEMENT PROGRAM AS SUBMITTED (RESOLUTION NO. 1454) WITH THE OPPORTUNITY TO REVISE IT IN THE FUTURE. Councilmember Buckshnis recalled when the Dayton Street plaza was constructed 6-7 years ago, at one point it was called the anchor of the 4"' Avenue Corridor. She said Councilmember K. Johnson, who was on the Planning Board at the time, would remember. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes August 25, 2020 Page 6 3. INFORMATIONAL PANEL AT THE SALISH CROSSING — COUNCIL DIRECTION REQUESTED Parks, Recreation & Cultural Services Director Angie Feser reviewed: ■ Objective: Council's direction of $4,000 funding allocation to produce and install Edmonds High School Portico information panel at Salish Crossing. • Portico background 0 1909 Edmonds High School 0 2005 Demolition - Edmonds Center for the Arts o Portico removed and stored 0 2015 Echelbarger family restored it at current location at Cascadia Art Museum 0 2018 Concept presented to Historic Preservation Commission (HPC) by then -Council member Teitzel R HPC unable to provide formal support as it was no longer at original location o 2019 South Snohomish Historical Society Board supported concept of informational panel Recent history of panel project o Late 2019 $4,000 allocation approved by City Council o Became item #15 of 2020 Carryforward Budget Amendment o February 25, 2020 Council meeting -allocation removed from carryforward budget amendment and direction to return to Council for future discussion Consideration of public panels/artwork located on private property o Various examples of panels at fishing pier, Yost Park and downtown restrooms and (12) historic art panels throughout downtown Panel Detail o Photo of sample 18" x 60" panel o Cost estimate ■ Design $1,400 ■ Fabrication $2,600 o Parks & Recreation will oversee design and installation o Easement agreement with Salish Cross property owners specify informational panel remains City property. If portico demolished or moved, City will remove and repurpose the informational panel and supportive structure Panel Text o The original Edmonds High School was constructed in 1909 at 6th Avenue and Glen Street. The building was brick with an entrance portico constructed of terra cotta sections made to look like stone. Generations of Edmonds students passed through this portico as the school expanded with new additions for the high school and the buildings later served as a junior high school. In 2005 the original high school building was demolished to make way for the parking lot and other improvements for the Edmonds Center for the Arts. The portico was removed piece by piece and put in storage. Ten years later the portico was restored to original condition by the Echelbarger family and sited on the corner of Dayton Street and Sunset Avenue as part of the development of the Cascadia Art Museum site in 2015. o Proposed additional text: +� Although not in its original location, the portico serves as a reminder of the pride Edmonds had in its expanding cultural institutions in 1909-1910 with the construction of both its first high school and a Carnegie Library. Councilmember Olson commented the Echelbarger family has been very generous to the City and has developed all their projects with care and in ways that enhance Edmonds. There was a comment in My Edmonds News suggesting that the new Council had a personal vendetta against Mr. Echelbarger. That comment missed the mark and had nothing to do with it. In her opinion, while this may be allowable, Edmonds City Council Approved Minutes August 25, 2020 Page 7 government should not be trying so hard to spend money and it seemed like a great opportunity for a GoFundMe by the Edmonds High School alumni. All that said, this was approved by a past Council and the Council should not necessarily be in the business of overturning a small project like this that was important to several people. She voiced her support for funding the informational sign. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PAINE, TO APPROVE THE FUNDING AND MOVE FORWARD WITH THE SIGNAGE FOR THE PORTICO PROJECT. Councili-neinber L. Johnson, HPC Chair when then-Councilmember Teitzel brought this to the commission, recalled the commission clarified the portico was a historical artifact that had been removed from its historic location. She appreciated the additional text to clarify that. The HPC, which is bound by the Department of Interior standards, stated it was outside their purview to offer support on the project which is why they took the stance they did. Council President Pro Tern Paine echoed Councilmember Olson's comments, a prior Council took this action. She suggested if there was an objection to using public funds, another possible funding source was the Parks gift fund. She was unsure the amount in the gift fund, recalling the panel was scheduled to be funded via last year's Council fund. Councilmember K. Johnson said this has been on the extended agenda'for some time. She sent a request a week ago to Councilmember L. Johnson and Mayor Pro Tern Fraley-Monillas inquiring about this. She felt it was inappropriate for the Council to discuss this without input from the HPC. She agreed this was not a vendetta against the Echelbargers; she is a supporter of the Cascadia museum and said they have done a fantastic job developing that property although she has heard they have sold the property. It is not a question of whether the Council is in favor of property owner, but the principle of historic preservation. Couuc,miemeer K. Johnson recalled the original funding source of the $4,000 proposed by then- Councilmember Teitzel was Council Contingency. She recalled Councilmembers Buckshnis, Teitzel, Tibbett and Mesaros supported that project in late 2019 and then-Councilmember Mayor Nelson, Mayor Pro Tem Fraley-Monillas and she did not support it. When this year's Council considered the carryforward budget, which included $4,000 for the informational sign, she made a motion not to fund it and it was approved 6-1 with Councilmember Buckshnis, who had previously supported the sign, voting no. Therefore, she did not understand why staff felt they need direction when the Council provided clear direction via the decision not to fund the project. Councilmember K. Johnson pointed out she was not present when the HPC made the decision regarding the sign, but several commissioners asked her to looking into the matter. She referred to Chapter 10.90 which highlights the powers and duties of the HPC. The HPC wanted to know if the code needed to be changed to avoid something like this occurring in the future. After speaking with Planning Manager Rob Chave and City Attorney Jeff Taraday and a careful reading of the code, she did not think a change needed to be made to the code. Chapter 10.90.040(J) states the HPC advises the city council and chief local elected official generally on matters of historic planning and preservation. The HPC would like to participate in making sure that the information, on the panel is accurate. Councilmember K. Johnson said it was within the HPC's purview to make a decision about the panel; the reason the HPC did not accepted it was because the portico had been physically moved and according to the Secretary of Interior standards, an item cannot be considered historic if it is moved. She suggested it would be fine if the historic museum or the property owner wanted to sponsor or pay for the sign. As a former Edmonds Junior High student, she would be supportive of the project if it was located on the original site, but because it had been moved and was no longer historically valid, calling it an information panel was calling a horse by another color as it was historically inaccurate. That is why she made a motion to remove Edmonds City Council Approved Minutes August 25, 2020 Page 8 funding for the sign; it is nothing personal against the property owner but the principle of historic preservation. Councilmember Buckshnis said Councilmember K. Johnson and she have had many discussions about the sign. She has always believed that Councilmembers should support each other. This came to the Finance Committee, comprised of Councilmember Mesaros and her at the time, and they, along with Development Services Director Shane Hope, Arts & Culture Program Manager Frances Chapin, and then-Councilmember Teitzel discussed the informational panel. This does not set a precedent, the City has installed other informational panels for tourism and providing information for people who walk by the portico. She respected then-Councilmember Teitzel who brought it forward and she felt it was a good idea. She did not look at it from a historical perspective, but from an informational perspective, assisting the City's tourism and she will continue to support it. She agreed when the carryforward budget amendment was considered, the Council did not include that funding so there were currently no funds allocated. Councilmember Distelhorst referred to packet page 140, Attachment 1 to this agenda item, the minutes from the February 25, 2020 meeting which stated, "She asked whether the carryforward amendments could be approved with the exception of this amendment and that project be returned to Council for future discussion. Mr. James answered yes." His recollection from the February 25"' meeting was that it would come back to Council another time and that was why it was on tonight's agenda. Mayor Pro Tern Fraley-Monillas said she initially voted against the project for numerous reasons that Councilmember K. Johnson mentioned. She voted to suspend the funding to allow the new Council time to think about it. She said Councilmember K. Johnson is correct, it isn't historical preservation because the portico is not at its original site, but that is why the text on the panel talks about where it was originally. The biggest issue she has with this is a previous Council voted for this and the Council needs to stand up for votes that Council took regardless of whether she supports it. It has nothing to do with the Echelbargers, Lindsey Echelbarger is a fantastic person and has done some marvelous things for the City. She recalled other examples of the Council supporting something and then a future Council moving in another direction; the marsh is a great example. It isn't fair to the property owners for the Council to support it and then say they don't support it. The Council can find the $4,000 to support this project and owes it to the Echelbargers because the Council supported it last year. Councilmember Buckshnis asked if Mayor Pro Tern Fraley-Monillas was suggesting $4,000 come from the Council Contingency. When the project was pulled from the carryforward budget, the money went back into the Council Contingency. Mayor Pro Tern Fraley-Monillas responded there is a lot of money in the Council budget because the Council is not doing anything. This discussion needed to happen and now she will vote to support the project. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PAINE, TO AMEND THE MOTION TO HAVE THE $4,000 COME FROM THE COUNCIL CONTINGENCY FUND. Councilmember K. Johnson said each Council can choose what they want to do, it's not like a promise was made. It was proposed in December and voted down in February and nothing has happened since then. If the Council plans to spend this money, the packet information should have been provided to the HPC so they could weigh in on the subject. She recalled when she initially talked to Councilmember L. Johnson, she indicated she would honor that. Even if the Council decides to move forward, it is inappropriate to do so at this time. Her objection had nothing to do with the property owner, although she believed the Echelbargers no longer owned the property, but was related to providing correct information. The difference between a historical and an informational marker is it would never be a historical marker because it has been moved. Calling it an informational marker is going around the idea of historic preservation and historic information. She did not support the project. Edmonds City Council Approved Minutes August 25, 2020 Page 9 UPON ROLL CALL, AMENDMENT CARRIED (6-1), MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS . DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (6-1), MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO, 4. COMPENSATION OF LEGISLATIVE/EXECUTIVE ASSISTANT TO COUNCIL Mayor Pro Tem Fraley-Monillas explained she was presenting this as HR Director Neill Hoyson had a family emergency. Two meetings ago the Council directed Ms. Neill Hoyson to determine the equivalent compensation for a COLA from January through current. Ms. Neill Hoyson provided the following three options: 1. Provide employee with an additional 32.56 hours of vacation. 2. Increase wages for the time period of September 1, 2020 through January 31, 2021 by an additional 3.75% resulting in an additional $1,100.67 in wages. 3. Provide the employee with a lump sum payment in the amount of $1,104.00. Mayor Pro Tem Fraley-Monillas relayed Ms. Judge's preference for the additional vacation versus cash because it did not impact the City's finances. Councilmember Buckshnis asked how the vacation did not impact the budget. Mayor Pro Tem Fraley- Monillas explained paying Ms. Judge would be an additional $1,110 versus when Ms. Judge is on vacation, no one replaces her. Councilmember Buckshnis said the side effect is work is not done during those 32 hours. Mayor Pro Tem Fraley-Monillas agreed there was a work impact but no financial impact. COUNCIL PRESIDENT PRO TEM PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO RECOMMEND OPTION 1 BECAUSE IT IS THE PREFERRED CHOICE OF THE EMPLOYEE. Councilmember K. Johnson referred to an email she sent City Attorney Jeff Taraday before meeting, recalling during a previous discussion, he advised the Council retroactive pay would be a gift of public funds. Mr. Taraday agreed retroactive pay.in the absence of a collective bargaining agreement constitutes a gift of public funds. Councilmember K. Johnson asked if any of the options would be considered a gift of public funds. Mr. Taraday answered no if these options were intended to compensate for work she not yet performed. Mayor Pro Tern Fraley-Monillas said this is for work from January until present, work she has already performed. Mr. Taraday answered in that case it would be a gift of public funds. There is a way to structure it so it meets the constitutional test for gifting of public funds and he can assist with that; it needs to be done in a way that compensates her for work not yet performed. Councilmember K. Johnson assumed that test -could not be met with this -proposal. Mr. Taraday answered he would need to look into it. If Ms. Neill Hoyson had worked with Sharon Cates in his office, he believed it would be fine because they both understand that retroactive pay cannot be authorized. It could be that Mayor Pro Tem Fraley-Monillas had a different understanding of the materials than Ms. Neill Hoyson would have provided. He had a conversation with Ms. Neill Hoyson about this matter and knew she understood it could not be structured in a manner that compensated for work already preformed. Therefore, he assumed, without careful study, that these documents were intended to compensate for work that had not yet been performed. Edmonds City Council Approved Minutes August 25, 2020 Page 10 Mayor Pro Tem Fraley-Monillas said she has been out of loop other than presenting for Ms. Neill Hoyson tonight. Councilmember Olson preferred to have this verified before taking a vote that might be illegal. Mayor Pro Tem Fraley-Monillas pointed out this document was written by Lighthouse staff. Councilmember L. Johnson said in light of the uncertainty, she agreed with Councilmember Olson. She asked if there would be any impact of bringing this back on Consent next week to verify. Mayor Pro Tem Fraley-Monillas did not see an issue with scheduling it on Consent next week. Councilmember L. Johnson asked if it would impact the vacation schedule. Mayor Pro Tem Fraley- Monillas said it may slightly impact the vacation accrual which was based on today's date. As long as there was not a big impact, Councilmember L. Johnson preferred to ensure the Council was proceeding legally. Council President Pro Tem Paine relayed her understanding that last week the Council approved the contract and the compensation was the only remaining decision. Mr. Taraday said that was also his recollection. The timing should not matter because the accrual rate can be adjusted if needed. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO BRING THIS BACK ON CONSENT NEXT WEEK. Councilmember Buckshnis raised a point of order, there is already a motion on table by Council President Pro Tem Paine to approve Option 1. COUNCIL PRESIDENT PRO TEM PAINE WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember Olson wanted to ensure if this was on Consent, there was verification regarding the legality and gift of public funds issues before it was approved. Mayor Pro Tem Fraley-Monillas assumed it would be researched by Lighthouse. Mr. Taraday said he will ensure if it is in the packet, that it either has Lighthouse's blessing or if not, he will advise. Councilmember Buckshnis pointed out Council President Pro Tem Paine's motion to approve Option 1 was withdrawn and Councilmember K. Johnson's motion did not specify an option. Councilmember K. Johnson said the packet has Options A, B, C. Ms. Judge preferred the option related to vacation time and she was unclear whether that was Option A, B or C. Mayor Pro Tem Fraley-Monillas said the agenda memo identifies Option 1 which is the vacation, Option 2 is to increase the salary through the end of the year, and Option 3 is a lump sum. Councilmember Distelhorst clarified Option A is the vacation option. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO SPECIFY OPTION A. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. CREATION OF SUBCOMMITTEE TO REVIEW UPDATED CODE OF CONDUCT Mayor Pro Tem Fraley-Monillas recalled Councilmembers Buckshnis and Olson were interested in forming a subcommittee to consider an update to the code of conduct, whether it is the current code of conduct or Edmonds City Council Approved Minutes August 25, 2020 Page I another code of conduct. She requested anyone interested in serving on the subcommittee contact her and she will appoint the committee members. Councilmember Olson said there has been a lot of discussion since last week including in My Edmonds News by citizens regarding whether the Council should move forward with a code of conduct. Not realizing she would be named as one of the people who wanted a subcommittee formed, she raised a point of order, whether this should be a vote of Council whether to create a subcommittee. She searched the City code regarding the Council President's role in forming a subcommittee and did not find anything so she assumed it would be a Council vote. City Attorney Jeff Taraday answered the City code states the Council President oversees the committee systems and appoints members to committees. That begs the question of whether the matter is being referred to committee. It would be appropriate for the Council to vote to refer the matter to committee and once referred to committee, it would be appropriate for the Council President to appoint members to the committee. Councilmember K. Johnson asked the Public Safety, and Personnel and Planning Committee be appropriate committee to consider the code of conduct if the Council was not having committee of whole meetings. Mayor Pro Tem Fraley-Monillas answered she assumed so but since committees are not meeting individually at this point, a committee made up of three Council volunteers would be the best move. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO DECIDE AS A COUNCIL RATHER THAN MAKING IT A COUNCIL PRESIDENT DECISION WHETHER TO CREATE A SUBCOMMITTEE TO STUDY THIS. Councilmember Olson commented there has been substantive citizen input that the new version of the code of conduct is fundamentally flawed from the standpoint of free speech and the democratic process. It will take a huge investment of time and effort to make changes to take those elements out and given what is currently on the Council's plate and with the substantive input from citizens and Councilmembers about what the priorities related to time and effort should be, she proposed the Council not move forward with a code of conduct. The intent of the motion was so Council can discuss whether it's appropriate to dedicate the time and effort this will take. Councilmember K. Johnson raised a point of order, stating the correct procedure under Roberts Rules of Order would be to postpone indefinitely. Mayor Pro Tem Fraley-Monillas denied the point of order as it denies discussion of the motion. Council President Pro Tem Paine appreciated the opportunity to discuss this as an option. There is a need for an updated code of conduct and a subcommittee would add speed and clarity and hopefully allow additions to be made to the code of conduct which could then be presented to the full Council. Councilmember Distelhorst agreed with Council President Pro Tem Paine, a subcommittee would be very helpful. He requested the motion be restated. Mayor Pro Tem Fraley-Monillas restated the motion: THAT THE COUNCIL DECIDE WHETHER TO HAVE -A SUBCOMMITTEE OR NOT. Councilmember Distelhorst said voting on a motion that includes whether or not to approve something is overly vague. The motion should be to approve something or no motion at all. Councilmember L. Johnson thanked Mayor Pro Tem Fraley-Monillas for putting this on the agenda. Given the discussion that occurred previously, she supported moving forward with a subcommittee. Edmonds City Council Approved Minutes August 25, 2020 Page 12 Councilmember Olson agreed the motion was a change from the agenda narrative which stated the Council President was creating a subcommittee. Her motion was for the Council to decide if they wanted to create a subcommittee. Councilmember Buckshnis recalled a subcommittee on the marsh last year fell through the cracks. What Councilmember Olson is attempting to say is having a balanced subcommittee. Mayor Pro Tem Fraley- Monillas suggested she define balanced as the motion is a decision whether to form a subcommittee. Councilmember Buckshnis explained a balanced committee would be the Council discussing who would be good candidates to be on the committee which is what happened in 2013 when then-Councilmember Bloom was relatively new and she was more experienced. Mayor Pro Tem Fraley-Monillas asked if Councilmember Buckshnis was suggesting that Councilmembers not support Councilmember Olson's motion. Councilmember Buckshnis clarified Councilmember Olson was suggesting the Council determine who will be on the subcommittee and not leave it up to the Council President. Mayor Pro Tem Fraley-Monillas said the motion is to decide whether to have a subcommittee or not. Councilmember Distelliorst said Councilmember Olson's motion was for the Council to vote on whether the Council will approve forming a subcommittee, not the members. He suggested the motion, be reworded to propose forming a Council subcommittee and vote on it. COUNCILMEMBER OLSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, THAT THE COUNCIL NOT DO A SUBCOMMITTEE FOR THIS ITEM. City Clerk Scott Passey said Roberts Rules of Order call for affirmative motions to take action versus not taking action. A motion to not take action is simply not making a motion. Mayor Pro Tem Fraley-Monillas asked if he was suggesting the motion be withdrawn and tabled or withdrawn and restated. Mr. Passey suggested the motion be withdrawn because if a Councilmember did not want a subcommittee, a motion was not required. Councilmember K. Johnson raised a point of order, if a Councilmember wants to take no action, the correct motion is to postpone indefinitely. Mr. Passey agreed that was a valid option. COUNCILMEMBER OLSON WITHDREW THE MOTION. COUNCILMEMBER OLSON MOVED TO TABLE INDEFINITELY. Councilmember K. Johnson raised a point of order, the motion should be to postpone indefinitely. Mr. Taraday said the motion was ambiguously phrased and he suggested Councilmember Olson clarify whether the motion was to postpone indefinitely or to table. Mayor Pro Tem Fraley -Manillas ruled Mr. Taraday out of order, stating Councilmember Olson's original motion was to not do a subcommittee. Councilmember Olson had withdrawn that motion and she was waiting for Councilmember K. Johnson to withdraw the second. Councilmember K. Johnson appealed the decision on the point of order, pointing out as Mr. Taraday stated, there are two choices: postpone indefinitely or table to a date certain. Mayor Pro Tem Fraley-Monillas advised the motion was to table the motion after the previous motion was withdrawn. Edmonds City Council Approved Minutes August 25, 2020 Page 13 COUNCILMEMBER OLSON WITHDREW THE MOTION, COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO POSTPONE INDEFINITELY. C011ncillnember Olson said she did not want to belabor the point and did not want to disrespect any of the parties involved. She has given this a great deal of thought and has a lot of interaction with people who have had visceral reactions to this code of conduct, some of whom the Council had not heard from before. There is a lot of concern about the democratic process and what this will or will not do that process. It's quite interwoven and substantial and there will not be quick and easy fixes. While she was willing and able to be on the committee, that is time and effort she and others would be putting in that they will not be putting in elsewhere. Postponing indefinitely puts something that's very flawed and will take time to fix into the future when the Council does not have pressing issues to attend to. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. Mayor Pro Tern Fraley-Monillas asked if a motion was required to appoint a subcommittee. Mr. Taraday advised there was currently no motion pending. The Council needs to act to refer the code of conduct to committee. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO TABLE THIS UNTIL 20201. Councilmember Olson said this has some merit. There are a lot of critical things on the Council's plate and the Council has not been as involved in the process as she felt would be ideal. Taking the opportunity to be more involved in things going on in City instead of spending time and effort on development of a code of conduct would be a better use of the Council's time and talent. Councilmember K. Johnson recognized that Councilmember L. Johnson has been working on this since before she was elected to office. This has been a major concern of hers and she has not been able to incorporate the many voices about her proposal. This would be an excellent topic for the entire Council at a retreat in 2021. Not only is the proposed code of conduct redundant because the Council already has an adopted code of ethics and an adopted code of conduct, it is different in scope including who is affected. The Council has so much work do this year and this would be a great starting point next year. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PAINE, THAT THE EDMONDS CITY COUNCIL APPROVE A SUBCOMMITTEE TO WORK ON THE PROPOSED CODE OF CONDUCT. Councilmember Distelhorst said although he was not sure he had much free time or talent, he would be willing to put time into this project because there was merit and value in the document. The robust discussion could be taken off the dais and some number of Councilmembers work together and bring the code of conduct back for future discussion. Edmonds City Council Approved Minutes August 25, 2020 Page 14 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND THAT THE CITY COUNCIL DETERMINE WHO IS ON SUBCOMMITTEE, RATHER THAN THE COUNCIL PRESIDENT. Mr. Passey pointed out that was substantially different than the motion to refer the code of conduct to a subcommittee. Mayor Pro Tem Fraley-Monillas ruled the motion out of order. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember K. Johnson asked about the parameters of the subcommittee's work, if the subcommittee would only look at the proposal by Councilmember L. Johnson or the existing and whether it would consider the code of conduct and the code of ethics. Mayor Pro Tem Fraley-Monillas relayed it was her understanding it would look at it all, this is a scratch document. UPON ROLL CALL, MOTION CARRIED (4-3), MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, THAT THE COUNCIL DISCUSS THE SUBCOMMITTEE FORMATION AND BE PART OF THE SELECTION OF PEOPLE. Mayor Pro Tem Fraley-Monillas asked if this was appropriate since it goes against the code. Mr. Taraday referred to code section 1.02.031 Council president; subsection B reads, "In addition to any other duties assigned by the city council, the council president shall have the following responsibilities: 1. Assign members of the city council as members and liaisons to boards, commissions, and committees, and otherwise supervise the committee system." Mr. Taraday provided his analysis, in harmonizing the initial phrase, "in addition to any other duties assigned by the city council," that indicates the Council essentially directs the work of the Council President. The word "responsibility" is used instead of "authority." At the end of day, because a four member majority of the Council could amend the code and change the Council President's powers at any time through an ordinance, it makes sense that the Council interpret the code in such a way as to recognize the Council President handles duties assigned by the City Council. Councilmember Buckshnis said obviously with the 4-3 voting and based on language and comments last week where the Council never discussed the resolution, it would behoove Council to discuss committee membership. If two Councilmembers from the 4-3 vote are together, it will result in a 4-3 vote. She was interested in a 7-0 vote. Regardless of the fact that Mayor Pro Tem Fraley-Monillas said Resolution 1306 was a mess because of the extended review, it actually incorporated input from a lot of citizens. There are people with varying opinions and she did not want two from the same voting group that Mayor Pro Tem Fraley-Monillas was part of. Councilmember Olson asked if the MRSC committee creation would have any bearing in addition to the reference in the code about committee creation. MRSC stated the Council may create boards etc. etc., membership and selection of members shall be provided by the Council if not specified otherwise in the City code. Mr. Taraday said that was consistent with what he said. Mayor Pro Tem Fraley-Monillas agreed. Councilmember Olson said if the code of conduct will apply to everyone and will impact the democratic process, it is imperative that there be representation from a cross section of viewpoints. Edmonds City Council Approved Minutes August 25, 2020 Page 15 Councilmember K. Johnson recommended not only a cross section of viewpoints but also a cross section of experience on the Council. Mayor Pro Tern Fraley-Monillas said if she makes the appointments, she intended to have a cross section Councilmember Buckshnis commented if the intent was to start from scratch, there was material from Resolution 1306 and past minutes as well as the resource data from Councilmember L. Johnson's suggestions and her code of conduct. She personally felt there should be two people who had not done any work on the code of conduct so there were no hurt feelings or feeling they were not being heard properly. There needs to be a 7-0 majority vote rather than the 4-3 which has continued through this year. Council President Pro Tern Paine asked if the intent was a two or three person subcommittee. Councilmember Buckshnis recalled there were two people in 2013 because it was easier for two people to work rather than three. Mayor Pro Tem Fraley-Monillas suggested three people, only because if there are two people that think alike, the result can be a document that doesn't address all the issues. Councilmember K. Johnson recommended looking at all past minutes and source materials and not just Councilmember L. Johnson's proposal because there has been a lot of discussion in the past. The proposal frorn last week is one person's research and one person's opinion and the goal should be to collaborate and have it represent the entire Council not just a 4-3 split or new versus old Councilmembers. She recommend the process not start with last week's proposal but start with what has actually been adopted. Mayor Pro Tern Fraley-Monillas said her intent was to have all the information provided to the committee and have the committee vet the issues. The code of conduct will still come back to Council. Councilmember Distelhorst raised a point of clarification, pointing out there was no number of Councilmembers in Councilmember Buckshnis' motion and suggested Councilmember Buckshnis may want to amend the motion to limit the number to two. Council President Pro Tern Paine said regardless of whether she was on the subcommittee, good ideas come from everyone and everyone has a lot of talent and is very thoughtful about moving forward. More material is better than less and it is equally important to consider the path forward. She hoped with any subcommittee that was created, the rest of the Council would trust them to be thorough and diligent, honor the process and look for the goal of a 7-0 vote as that will be important for a code of conduct. Recognizing that ECDC 1.03.031 states that it falls under the purview of the Council President to appoint members to committee, Councilmember L. Johnson asked what precedent would be set by changing this now. Next year a new Council President will make appointment to various boards, commissions, committees, etc. Councilmember Buckshnis she said the Council has in the past and she did not know why everything has become Council President organized or appointed. The Council President appoints members to committees at the beginning of the year. She recalled last year the marsh committee fell apart. In her opinion there should be two people from opposing viewpoints of the 4-3 vote. If there are 3 members, -there will be 2 frorn one of the sides of the 4-3 vote. When she and then-Councilmember Bloom developed the code of conduct, they were not appointed by the Council President. There have been other committees where the members have not been appointed such as the levy committee and the long range financial planning committee. The most important thing is getting a 7-0 majority vote and not the 4-3 vote that continues on. Edmonds City Council Approved Minutes August 25, 2020 Page 16 Councilmember Distelhorst agreed the goal should be a 7-0 vote. However, he did not think it was appropriate to continually refer to 4s and 3s, there are 7 independent Councilmembers who all have independent brains and can vote independently and he requested that be respected. With regard to the legal issue about precedent, Mr. Taraday said the code reflects that the Council President is always subject to the will of the majority of the Council. That may not need to happen very often but there is nothing new from the standpoint of the way the code reads. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON AND COUNCIL PRESIDENT PRO TEM PAINE VOTING YES, AND MAYOR PRO TEM FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO. Mayor Pro Tern Fraley-Monillas said the next step is how to create the committee, how to appoint and how many members. She suggested returning next week with suggestions. Council President Pro Tern Paine suggested moving this item to next week. COUNCILMEMBER BUCKSHNIS MOVED THAT THERE BE TWO MEMBERS, COUNCILMEMBER OLSON AND COUNCIL PRESIDENT PRO TEM PAINE. MOTION DIED FOR LACK OF A SECOND. Mayor Pro Tern Fraley-Monillas declared a brief recess. 8. STUDY ITEM 1. PARKS, RECREATION & CULTURAL SERVICES DEPT UPDATE/NEW PROGRAM Parks, Recreation and Cultural Services Director Angie Feser explained this item will be in two parts, an update on the department and how it has been responding to COVID, programs, capital projects and the framework of new program and eventually ask for Council approval of new job descriptions to support that program. She reviewed: • Parks Capital — Waterfront Center o Completion — October 2020 o Opening — November 2020 • Restored and enhanced beach area, new walkway and renovated parking lot — opening November 2020 ■ The public private partnership between City and Senior Center resulted in a 26,000 community center for community programs and rental space ■ The City's Recreation Division will provide community space programming Monday — Thursday 4 p.m. to close including an onsite staff member ■ Parks Capital — Civic Park 0 2020 construction bid o Estimate - $8.6 million o Bid opening on May 19"', 2 bids despite 8 general contractors registered to bid o Low bid $11.3 million, exceeded cost estimate by $2.7 million o Analysis/postmortem included interviewing contractors 10 Decision to revise approach and rebid early 2021 • Parks Capital — Marina Beach Park o RCO grant applications (2) • Local park - $500,000 ■ Aquatic Land Enhancement Account (ALEA) - $500,000 Edmonds City Council Approved Minutes August 25, 2020 Page 17 Technical review— July * Final presentation — late September Department Operations — COVID o Goal: health and safety of public, staff and community while preserving the City Parks and Recreation facilities and assets o Guidelines ■ Federal/CDC ■ State Reopening Plan ■ Snohomish health District ■ City Guidelines o Developed Play It Safe Program based on state's reopening phases and communicated with public ■ All parks and trails and open spaces are open to the public and heavily used ■ Playgrounds remain closed ■ Yost Pool and Hazel Miller Spray Park never opened for the summer Operations — Parks Maintenance o Modified but never shut down o Staff safety • Separation of crews into two crews, staggered start time ■ No longer working in pairs, each has own truck and equipment ■ No outbreaks in maintenance staff o Limited staff ■ Working at 65% capacity ■ Hiring freeze o Increased demand on parks * Dramatic increase in litter and garbage o Chanzin4 duties Restrooms cleaned 2x daily (6-7 hours/day to clean restrooms) o Outdoor staff lunchroom o Fewer projects • Operations — Volunteers o Program options (3) • Individuals ■ City sponsored events ■ Groups o Beginning to resuming work • New policy and practices o Parks staff planted all flower baskets, basket adoptions sold out • Operations — Recreation Programming o Recreation Programs ■ Contracted/direct ■ Innovative approaches — virtual o Rentals (indoor/outdoor) o Anderson Center leases o Cultural Arts ■ Programs — virtual ■ 4"' Avenue Cultural Corridor • Community Partners — COVID Support o Farmer Market ■ Modified o Boys & Girls Club Edmonds City Council Approved Minutes August 25, 2020 Page 18 o Senior Center o Edmonds Food Bank o Sno-Isle Library o Citywide COVID Response o Mask distribution o Long-term care facilities (65) Weekly calls to 65 long-term District care facilities and relay information back to the Health Councilmember Distelhorst comment he knows what it feels like to have to suddenly shift to pandemic management and thanked Ms. Feser and her staff for keeping staff and residents safe. Ms. Feser responded staff has been absolutely phenomenal, very resilient, developing creative programs even as Governor Inslee has been making changes. The LEAP program is a result of a lot of hard work by staff. Councilmember Olson said the City and its citizens have relied on Parks as well as other departments during COVID. Staff has done a great job and everyone appreciates it. She expressed appreciation for the care, time and attention to long tern care facilities, a population the community has been concerned about. Council President Pro Tem Paine echoed Councilmembers Olson and Distelhorst's comment, Parks & Recreation is the glue and soul of the community and recognizing that other departments also contribute to the welfare of the community. She was very pleased there had been no instances of COVID among the maintenance crew. Ms. Feser said she will pass the Council's thanks onto staff. Councilmember K. Johnson clarified the request is for approval of job descriptions for Recreation Leader II and Recreation Leader - General, but in total 22 people will be hired or reassigned to LEAP. The narrative says it is revenue neutral, but it would be helpful for Council to have more information about the cost breakdown. The plan is for 100 kids in the program out of a potential 3,000 kids in the community. She asked how the program will remain revenue neutral if there are more or less kids. This a very creative and adaptive proposal for families and children in Edmonds and she appreciated the work that has been done but she wanted more revenue information. Ms. Feser reviewed the Learning Enhancement & Activities Program (LEAP): • Objective: Council's consideration of approval of two job descriptions to support the implementation of the LEAP Program (changed when this item was moved to a Study Item) • We are living, working and operating in unprecedented times which require adaptive programming to meet community needs • Parks, Recreation & Cultural Services Department has been innovative and modified all programs • Program feasibility shifted to full development with ESD's recent announcement of full-time distance learning ■ Day camp program with academic support for Edmonds children and families who may not have the ability to work from home and support children's education o Fluid time and program can be flexible based on community needs o Sense of urgency, tentative start date of October 5; job descriptions, recruitment, hiring, and training required pushing that out a week • Purpose o Safe, affordable day camp program providing academic support for Edmonds school -aged children and their families • Basics: o Frances Anderson Center/pods 9 rooms in FAC can provide 6-foot distancing between children and staff Pods formed for a week, isolated from each other and building tenants Edmonds City Council Approved Minutes August 25, 2020 Page 19 +� 10:1 child/staff ratio ■ Gymnasium = flex space ■ 2nd - 6` grade ■ 7 am - 6 pm/pods 8:30 am - 4:30 pm ■ Day camp/recreation activities ■ Academic support - Monitoring ESD distance learning program - WiFi in building ■ 100 participant capacity ■ $300 resident/$345 non-resident weekly fee ■ 20% of participants full waiver Edmonds Schools/Child Care o Edmonds Opportunities ■ Edmonds area 2"a - 6t" grade population: 3,052 ■ 8 elementary and 2 middle schools in city limits o ESD/Program Sessions • Benchmark decision point for ESD education model - November 12, 2020 - February 3, 2021 - April 14, 2021 Edmonds School District Distance Learning/Child Care o District has partnered with four childcare providers (MLT/Kids Krew, YMCA, Boys & Girls Club and Right At School) that will expand programming and utilize district facilities during remote learning ■ Edmonds: Chase Lake Elementary - YMCA o Edmonds is not a licensed daycare provider ■ Licensing is facility dependent and Frances Anderson Center does not qualify as licensed daycare facility ■ State law allows Parks & Recreation departments to operate day camp programs year- round. • LEAP - Prop_ram Comparison City/Organization Ages Weekly Rate Hours Notes Edmonds/LEAP 2"d-6th $300 $345 lam - 6 pm Fee: resident/non-resident MLT/Kids Krew K-6th $255 $275 6:30 am-6:30 pm Fee resident/non-resident YMCA/Chase Lake Elem 5-12 years $275 $325 7:30am-5:30pm Fee: member/non-member Youth mem $47/mo Boys & Girls Club K-6`" $175 $175 6 am-7 pm. Membershi annual $50 Right At School 1st-011 $180 $300 9 am-3pm 7 am-5 pm Before/Aftercare $60 each for 5 days Grow With Us Childcare 5-12 years $183 $283 6 am-6pm Additional activity fees $40-100 Lynnwood 12 pm-5:30 pm Outdoors, not supporting distance learning LEAP- Staff positions - o Two positions ■ Recreation Leader II (new) Recreation Leader - General (revised) ■ 18 FTE (9 rooms/2 staff) it 4 PTE (AM/PM program, assist) o Hiring freeze 0 1/2 to 1/3 of staff hired for program will be recreation staff that was laid off or working at significantly decreased hours Edmonds City Council Approved Minutes August 25, 2020 Page 20 o Program expenses can be covered by program fees o Due to uncertainty of ESD distance learning model and duration, staff initially hired as temporary full-time without benefits o Once ESD's programming is known at November benchmark, if program continues temporary staff converted to full-time with benefits which increases salary costs by 3 1 % o If registration not at 100% capacity, lack of participants will reduce staffing need and related costs that week o Program implementation based on program need LEAP — Budizet 2020 Recreation Division Budget Revenue Budget Revenue YE Est Difference Rec Division $1,111,012 $305,135 $805,877 LEAP Revenue $288,000 Expense Budget Expense YE Estimate Difference Rec Division $11930X2 1 $1,423,800 $507,122 LEAP Expenditures 1 $251 368 o Within 2020 Recreation Division Budget, no budget amendment needed • LEAP — Budpet Program Budget Monthly Rate 9-Month Program % Revenue 80 participants— $300 20 participants full waiver $96,000 $864,000 Revenue TOTAL $96,000 $864,000 Expenditures Start Up Costs staff training, equipment) $2,505 $22,548 3% Staffing Costs $84,394 $759,542 92% 1 Recreation Coordinator .75 9 Recreation Leader II (9) Recreation Leader 4. Recreation .PT Other su lies, WiFi, re r processing fees Expenditure TOTAL $5,080 $91,979 $45,720 $827,810 6% BALANCEI $4,021 $36,190 • Cost neutral ■ Researching grant funding, community partners and other resources Councilmember L. Johnson commented this is exciting and she commended everyone involved in the creation of LEAP. This represents a creative, best use of City resources and working to serve a wider range of citizens, particularly those most in need, exactly why she chose to serve the City of Edmond. As a result of casual conversations with those involved in addressing community needs, she learned childcare is a huge need and one that many people are scrambling to figure out. She viewed the program as helping parents who might otherwise not be able to work or have to make the choice of leaving kids at home in order to work and it gives kids a safe place to go, creates jobs within the community, and restarts recreation programming. The situation is ever -evolving and needs, options and potential funding options are moving targets. She expressed interest in having staff look at additional funding options to expand the program beyond 2020. Edmonds City Council Approved Minutes August 25, 2020 Page 21 COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNC[LMEMBER L. JOHNSON, TO EXTEND TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Distelhorst thanked Ms. Feser for the presentation and for answering his questions via email over the weekend. He referred to upfront costs associated with WiFi and other elements of setting up rooms to ensure health and safety guidelines are followed. If kids go back to school earlier than planned, such as if ESD decides in November to have kids return to school in January, he asked if consideration had been given to how the resources the City purchased could be repurposed. Ms. Feser estimated $12,000- $15,000 would be associated with WiFi, the City is still awaiting a bid, and that cost is reimbursable by CARES finding. WiN is a beneficial in the facility now and into the future regardless of programming. Other upfront costs include safety equipment such as sanitizer dispensers in each room; those are needed in the facility when it is reopened to the public in Phase 3 when programming resumes. She envisioned even in Phases 3 and 4, safety protocols will continue for years and that equipment will continue to be used. There are enough tables and chairs and basic equipment; other upfront costs include things like surge protectors which can be used for programming in those rooms in the future. She summarized the startup costs are minimal, the largest amount is the week of training of staff estimated at $18,000. Councilmember Buckshnis expressed concern about the lack of information in the packet; this goes way beyond two job descriptions. Although she thought this was a great idea, she wanted a full cost analysis in next week's packet. Two lead positions will be hired, but it also includes hiring 18 full-time and 4 part-time staff. Council has not been updated on CARES funding. She thanked Ms. Feser for answering her emailed questions. She questioned whether LEAP was really revenue neutral or were there costs associated with hiring and providing benefits after four months. Ms. Feser offered to provide additional information in next week's packet. The plan is to not provide benefits for the first five months and to provide benefits for the following four months. The cost of staffing for nine months was averaged over each month, understanding that revenue will be built up in the frontend to cover the backend. The numbers are broken down into the first five months and the final four; there is a surplus in the beginning but not in the end. Councilmember Buckshnis asked if the calculation used revenue from residents and non-residents. Ms. Feser answered to be conservative, the program was budgeted as if all attendees were residents ($300/week). The non-resident fee is 15% higher or $345; every non-resident is more buffer into the budget. Staff is uncertain there will be 100 kids the first week; when numbers begin to increase, registration preference will be given to residents (for example, up to a certain number of days prior, residents get priority). Councilmember Buckshnis asked if the school board members has been consulted and if ESD will provide any financial assistance. Ms. Feser answered she has not had an opportunity to meet with school board members, but there was a very good meeting with an individual from ESD Family Support Services where staff inquired about a WiFi hub and whether the FAC could be a stop for food services. They learned a hub would not work well in the Frances Anderson Center and families who qualify actually pick-up a week's supply of food once a week. Staff is trying to be creative and research other funding sources such as a CDBG Phase 2 grant that may work for this program, OSPI may assist with certified teachers as staff, and CARES funding for hard costs. She summarized programs and available funding is changing weekly; she anticipated more funding would become available because childcare will be the next phase of taking care of families. Councilmember Buckshnis agreed with Councilmember L. Johnson about including a scenario in the cost analysis about expanding the program. Council President Pro Tern Paine commented this is exciting and she was pleased to have something for families and students. As a former school board member, education and linking it to the community is important. She encouraged staff to look at grant opportunities including through OSPI. It would be great to keep this program as revenue neutral as possible from the General Fund in view of future unknowns. She Edmonds City Council Approved Minutes August 25, 2020 Page 22 suggested looking at Title 1 funds to ensure those are available as well as the use of certificated teachers. She also wanted to ensure the disabled community and accessibility were included. Councilmember Olson said she reached out to the school board to see if what the City was proposing would meet the needs and deficits that will not be covered in the distance learning format but did not receive a specific answer. She knew there was a great need in the community for programs like this and was excited Edmonds was rising to the challenge to meet the need. She relayed frustration to have this on the agenda as an action item and only learning about it on Friday, providing only four days, two of which were weekend days, to study it. It was a miss to schedule it as an action item and she was glad that had been corrected. Councilmember Olson said it sounds like some of the safety things have been worked out, but the Council should not be expected to make a good decision on a two-day turnaround for the Council. A question raised by a citizen today pointed out how important it was for Council to get all relevant information in the agenda packet. She personally found it highly relevant that there would be a $15,000 investment in internet service for the Frances Anderson Center and although it is CARES reimbursable, it is still taxpayer money. She now sees that as a potential long term benefit for the facility and not paying for it out of the City's budget is a win for the community. If staff has been working on this for a month, the committee of whole earlier this month would have been an opportunity for the Council to hear about the concept and provide time to seek information from citizens and stakeholders like the school board. Councilmember K. Johnson reinforced the direction given; topics should always be discussion item when the Council is seeing it for the first time and there should be a complete packet. Council should not have to rely on slides for important information especially data -rich information like costs. The first she heard about this was in a press release from the City's public information officer; the Council should be informed before a press release. Mayor Pro Tem Fraley-Monillas cautioned Councilmember K. Johnson against making allegations; Ms. Feser contacted or left messages for all Councilmembers. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PAINE, TO EXTEND TO 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson said she had not been contacted; she read about it in a press release and then the packet was not complete. Mayor Pro Tem Fraley-Monillas relayed her understanding that everyone was contacted in advance. Mayor Pro Tem Fraley-Monillas said she learned about this when Ms. Feser called her. This is a very important thing for Edmonds to do, recognizing that people living check -to -check really need this. As a parent, she had no idea what she would do if she had to work full or part time and had to teach her child at home. She expressed support for the program, finding it important, it sets apart the difference when it comes to a racial divide; people of color tend to live in the poorer areas of Edmonds and she gave the Parks Department huge kudos for talking about people who need that level of service. Some people do not have a choice about working or not, they do not live in white privilege and live in the real world and need to be able to work and know their kids are taken care of. She supported moving forward with this program, especially since it was cost neutral and more information would be provided next week. Even if the program cost something, it is a value to Edmonds' citizens. She thanked Ms. Feser for the work she has done on this. Councilmember L. Johnson expressed appreciation for the creativity and the quick work that has been done, understanding that Ms. Feser needed to wait to see what ESD planned to do before moving forward. As a very safety minded person, all her concerns had been addressed such as isolating, pickup/drop off, flexibility for a 11 hour time period, and the low adult to child ratio. If she had young children that needed childcare, this program would be top of her list. She understood the need for a quick turnaround and appreciated Ms. Feser's generosity in answering questions and sending responses to Councilmembers' questions to all Councilmembers. She was excited about the program and to continue the discussion next Edmonds City Council Approved Minutes August 25, 2020 Page 23 week. She requested staff look into other funding options. Ms. Feser answered staff is constantly looking at other funding sources and will include that information next week. As the purpose was to help parents get back to work especially those who are most in need, Councilmember L. Johnson was interested in exploring every options for covering the fees in part or in full. Councilmember K. Johnson pointed out only 100 kids will be served by the program with is only 3.3% of the 3,000 students in this age category. She suggested putting that into context to understand that while it is a great program, it is only a piece of the puzzle. 8. REPORTS ON OUTSIDE BOARDS AND COMMITTEE MEETINGS Due to late hour, this item was postponed to a future meeting. 9. MAYOR'S COMMENTS Mayor Pro Tem Fraley-Monillas advised she did not have an opportunity to talk about the 100"' anniversary of women's right to vote last week, an important thing to memorialize. As an active member of the League of Women Voters, it is important to understand that what has happened in the last 100 years has been remarkable. She congratulated the League of Women Voters for pushing forward on women's right to vote. 10. COUNCIL COMMENTS Council President Pro Tem Paine relayed she was pleased to see that CARES funds have been distributed to businesses and to the Edmonds Food Bank. With regard to the emergency response update, HR Director Neill Hoyson is taking over that process and staff will put the finishing touches on it before it comes to Council on September 15"'. She gave a shout out to the Housing Commission who are still meeting, doing yeoman's work and sticking to the timeline. Their diligence will serve the City well. Even after the Housing Commission makes its recommendation, there will be a laundry list of things that will need to be done related to housing issues in Edmonds. Councilmember L. Johnson wished her husband a Happy 47"' Birthday and hoped he enjoyed the birthday pizza their kids provided. She urged the public to wear marks and help us get out of this. Councilmember Buckshnis requested the memorandum from Shane Hope regarding sign code enforcement in residential zones dated 8/24/20 be added to the minutes. The memo explains a lot about the residential code and the misunderstanding that happened last week. Mayor Pro Tem Fraley-Monillas agreed. [Memo is attached to the end of the minutes.] Councilmember Buckshnis announced there is a pop-up blood drive at the ECA through Thursday. Donors can visit the Bloodworks Northwest website to sign up. She requested an update on the CARES funding. Mayor Pro Tem Fraley-Monillas advised Finance will send out an update. Councilmember Olson pointed out women of color got the right to vote in 1965 which was only 55 years ago. She announced there are several open board and commission positions including on the Economic Development Commission. Councilmember K. Johnson pointed out the U.S. Census deadline is September 30. The census was established by the U.S. Constitution and is taken every 10 years. It provides vital information that informs how public funds will be used for hospitals, schools, transportation and other publicly funded programs. Based on this head county, $657 billion is allocated to states and local governments. The fastest and easiest way to complete the census is online. In addition, census employees are going door-to-door to enumerate people who have not participated in the survey. It is important to count everyone such as communities of Edmonds City Council Approved Minutes August 25, 2020 Page 24 color and undocumented immigrants. All census data on a personal level is anonymous and not shared with any federal agency. There are only 10 questions; it can be filled out online or by calling 844-330-2020. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson formally requested that the Council President put on the agenda Scott Passey's proposed procedures for Council discussion. That would be a great starting point to understand how to conduct business. She also requested the City Council review the Mayor's Main Street closure to include an opportunity to review the possible alternatives and impacts for persons needing parking and for businesses that do not serve food or drink. She asked the Mayor and HR Director to brief the Council on the steps being taken and the timelines to fill the acting police chief and the acting finance director positions. Slie would also Iike the City Council to review the 2020 budget including al the COVID-19 impacts. She requested a review of the Mayor's emergency powers as it was something the CouneiI needed to be briefed on and evaluated. Councilmember Distelhorst mentioned women's suffrage, the 19' amendment and last week's 100' anniversary. He urged he public to continue to wear masks and follow the guidelines. Numbers are trending down a bit which is the time to be hyper vigilant. 11. ADJOURN COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADJOURN. MOTION CARRIED UNANIMOUSLY. The Council meeting was adjourned at 10:33 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes August 25, 2020 Page 25 color and undocumented immigrants. All census data on a personal level is anonymous and not shared with any federal agency. There are only 10 questions; it can be filled out online or by calling 844-330-2020. CO'UNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson [formally requested that the Council President put on the agenda Scott Passey's proposed procedures for Council discussion. Float would be a great starting point to understand how to conduct business. She also requested the City Council review the Mayor's Main Street closure to include an opportunity to review the possible alternatives and impacts for persons needing parking and for businesses that do not serve food or drink. She asked t:he Mayor and FIR Director to brief the Council on the steps being taken and the timelines to fill the acting police chief and the actin; finance director positions. She would also like the City Council to review the 2020 budget including all the COV1D-19 impacts. She requested a review of the Mayor's emergency powers as it was something the Council needed to be briefed on acid evaluated. Councilmember Distelhorst mentioned wonnen's Suffrage, the 19"' amendment and last week's 10011' anniversary. He urged he pub] is to continue to wear masks and f0ll0W the guidelines. Numbers are trending down a bit which is the tune; to be hyper vigilant. 11. ADJOURN COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS. TO ADJOURN. MOTION CARRHE.I:) UNANIMOUSLY. 'The Council meeting was adJourned at 10:33 p.rn. M1 HAEL NELSON, MAYOR TT PASSEY, CITY CLE Eianonds City Council Approved Minutes August 25, 2020 Poke 25 Public Comment for 8/25/20 City Council Meeting: From: Darrol Haug Sent: Tuesday, August 25, 2020 1:17 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Comment on Day Care Proposal Day Care and City: Program for 2"d-6th grade kids at FAC. Designed to support the kids with online work for school. The job descriptions do little to assure that you would hire people equipped to do that help. Program open from 7am to 6pm. Lots of time to help the kids with their on line work. Do you have enough properly located internet capacity where you plan to house the kids? The job descriptions specifically exclude High School students that could help in this work. They know all about online learning for they will be doing their own work. Many of these students already baby sit this same age group. If you do not support online learning you will be counter to what the kids need during those hours. When the senior center closed some programs moved to a FAC. We know how to manage space for social distancing for any age groups, kids or seniors. Our seniors are "locked" up in their homes the city needs to consider how to get our seniors back at life. If FAC can be opened for kids we should find a way to open it for seniors first! Dealing with 2"d -6th graders is a worthy one. ESD has already opened some of their schools to other "day care" type operators and if the city wants to help in this effort here is a way that can work for all. The city plan is designed to be revenue neutral, cost match revenues. Go to ESD and ask to use some of their buildings that are not slated of one of the other day care centers. Use that space. Kids and parents would be closer to home and ESD already has a plan to manage that space with social distancing in mind. Same City program just a better location. They have already wired the entire building for internet and the district could also be convinced to bring in some HS students to do the kid assist stuff and their own work. The district has the resources to even pay a stipend to the HS students to help. They could even give credit for the work! Bottom line. The city has an interesting program, but it could be better for all if it is locating in schools and not FAC. Then we can get adults out and about more and get them reengaged with life outside their homes and decks and patios. Decks and patios will be closed soon, and we will force seniors to be fully locked up again. Let's get creative about this program and make it a win win for everyone: City, kids, and Seniors! Respectfully, Darrol Haug From: Ken Reidy Sent: Tuesday, August 25, 2020 7:18 AM Edmonds City Council Approved Minutes August 25, 2020 Page 26 To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Passey, Scott <Scott.Passey@edmondswa.gov> Subject: Public Comments for August 25, 2020 City Council meeting -remember all persons attending the meeting must be able to hear each other at the same time The June 2, 2015 City Council Meeting video is a window into our City government. The video shows: 1. Despite citizen interest and citizen public comment provided BEFORE the meeting, five Councilmembers simply chose to openly violate RCW 36.70A.390. 2. Council President Fraley-Monillas stated immediately before the vote that "seeing that it serves no purpose to vote against, I'm going to vote for it". 3. Councilmember Bloom abstained because RCW 36.70A.390 required a Public Hearing within 60 days. 4. Following the violation of State Law, the City Council Meeting moved forward to the next item on the agenda, adoption of the Code of Ethics. 5. Immediately after the Code of Ethics topic was introduced, Council President Fraley-Monillas made a motion to adopt a different Code of Ethics than the one scheduled for discussion. 6. The reading of an email from Councilmember Buckshnis, absent that evening, which stated "I have always been of the opinion to start small and I liked what both Strom and Adrienne put forth — so let's just march on." The Code of Ethics moved by Council President Fraley-Monillas, however, was not the document that both Strom and Adrienne had "put forth". Packet page 139 of the June 2, 2015 Council Packet shows that on April 30, 2015, Council President Fralev-Monillas had redlined the following from the version she preferred: V -Follow Washington statutes, city ordinances or regulations in the course of performing duties. Strom's last day on Council was in early January, 2015. As such, he played no role in removing "Follow Washington statutes, city ordinances or regulations in the course of performing duties" from the proposed Code of Ethics. On June 3, 2015, 1 emailed full Council that RCW 36.70A.390 was violated at the previous night's Council Meeting. I asked: Will there be any accountability related to Council's illegal conduct? I said that I also considered Council's conduct very unethical. I asked: Who is charged with enforcing the new Code of Ethics? Council President Fraley-Monillas forwarded my email to Mayor Earling at 12:08:44 PM on June 3, 2015 along with the following representation: "This is why storm and I put this together this way........" Again, Strom's last day on City Council was in early January, 2015. As such, he played no role in removing "Follow Washington statutes, city ordinances or regulations in the course of performing duties" from the Code of Ethics. Edmonds City Council Approved Minutes August 25, 2020 Page 27 Please add "Follow Washington statutes, city ordinances or regulations in the course of performing duties" to the City's Code of Ethics. Better yet, please discuss what the 2015 City Council was supposed to discuss on June 3, 2015: Discussion and potential action regarding draft code of ethics, Attachment 16. Review of Options A,B,C and D. From: Sonja Dwyer Sent: Friday, August 21, 2020 1:57 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Paid parking To Whom It May Concern: I recently read an article in My Edmonds news regarding a land use action proposal for paid parking lots that are currently free. I strongly urge you to not allow this. Downtown businesses are struggling to stay afloat during this pandemic and reducing free parking spots will simply make matters worse. Many people are struggling financially but want to support local businesses so they make sacrifices to go get something to eat or support non -restaurant businesses. If people have to also pay for parking, that extra cost might be the deciding factor between supporting local business and not. Also, the closure of streets on the weekends has been good for eating establishments but hard for other stores since it eliminates so many parking spots. Paid parking is going to make this even more of a struggle. Maybe consider this in a few years after we have hopefully economically recovered from this pandemic. Until then, please don't make things harder for everyone. Thank you. Sincerely, Sonja Dwyer Edmonds City Council Approved Minutes August 25, 2020 Page 28 August 24, 2020 Memo To: City Council From: Shane Hope, Development Services Director Subject: Sign Code Enforcement in Residential Zones Questions have come up recently about the City of Edmonds code regarding signage in single- family residential districts and how the codes are enforced. The information below addresses this. CODE REQUIREMENTS Many different City regulations apply to signage, depending on location and other factors. For an individual residence in a single-family residential (RS) zoning district, the City's code allows one freestanding sign, up to a maximum size of 4 square feet in area and up to a maximum height of 6 feet. CODE ENFORCEMENT The City of Edmonds encompasses eight square miles, with thousands of different regulations about a wide variety of topics (not just signs) that apply throughout the City. The City employs one full-time staff person for enforcement of the Edmonds Community Development Code. City staff must make choices about how to best prioritize enforcement of the Edmonds Community Development Code. Generally, a top priority for the City is dealing with any imminent safety or health issue per the City code. Sometimes the City may act on a code violation of significant concern about which no one has previously complained. It is also common to have an alleged code complaint violation reported by a local resident. All complaints are investigated. If a violation is found, the responsible party will be contacted by City staff about the nature of the alleged violation. Education, combined with voluntary compliance, is the City's preferred means of code enforcement. If voluntary compliance does not occur, the City may take further action to enforce the code requirements as time and resources allow. The City exercises some discretion in prioritizing and implementing enforcement efforts. A sign in a residential district that exceeds the size limits may not be the highest priority for active City enforcement, especially since the violation does not appear to be a safety/health issue and may be of a somewhat temporary nature. Furthermore, enforcement of the sign code requires an extra level of caution and deliberation compared to, for example, the building code, because the City needs to ensure that any sign code enforcement action is within the bounds of the First Amendment. CURRENT ISSUE A current issue has come up that follows a resident's complaint of an oversized sign on a neighboring property. The City's code enforcement officer first notified the neighboring owner in a letter dated July 7 that the sign did not appear to comply with the sign size limits of that zone and identified a date of July 15 to come into compliance. Unfortunately, that letter used an outdated letterhead template that had the former Mayor's name, not the current Mayor's name, and contained typographical errors. After the letter had been mailed, I saw a copy and noticed Edmonds City Council Approved Minutes August 25, 2020 Page 29 the typing/formatting errors and that the letter seemed to set a very short time period to correct the situation, especially since the letter would have been in the mail two or three days of that period. The errors and short correction window led me to direct the code enforcement officer to send a second letter to apologize for the typos and to cancel the prior timeline. Because the initial timeline was almost up, I had him deliver the letter in person. Shortly after, the original complainant about the sign contacted me and indicated the neighborhood concerns went beyond the sign. I had a zoom meeting on August 6 with several households to learn more. As part of that discussion, I noted that a third letter would be sent in the near future to provide a date for sign code compliance. Meanwhile, the City has been working to address various code issues. During this period, I also consulted with the City Attorney about the alleged sign code violation and any First Amendment concerns. On August 21, a third letter about the sign was sent to the property owner. It repeated that the yard sign did not appear to comply with sign size and height for this zoning district and identified a due date of September 15 for correction. It also suggested there could be an opportunity on the property to have a smaller sign, consistent with the code. Edmonds City Council Approved Minutes August 25, 2020 Page 30