Cmd090120EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
September 1, 2020
ELECTED OFFICIALS PRESENT
Adrienne Fraley-Monillas, Mayor Pro Tern
Susan Paine, Council President Pro Tern
Kristiana Johnson, Councilmember
Luke Distelhorst, Councilmember
Diane Buckshnis, Councilmember
Vivian Olson, Councilmember
Laura Johnson, Councilmember
ELECTED OFFICIALS ABSENT
Mike Nelson, Mayor
CALL TO ORDERIFLAG SALUTE
STAFF PRESENT
Phil Williams, Public Works Director
Shane Hope, Development Services Director
Angie Feser, Parks, Rec. & Cultural Serv. Dir.
Kernen Lien, Environmental Programs Mgr.
Jeanie McConnell, Engineering Program Mgr.
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 Tern
Fraley-Monillas. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Olson read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, with the exception of Mayor
Nelson, participating remotely.
4. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCIL PRESIDENT PRO TEM PAINE MOVED. SECONDED BY COUNCILMEMBER L.
JOHNSON, TO AMEND TO ADD A MOTION FOR RECONSIDERATION TO THE AGENDA
FROM LAST WEEK'S MEETING ON THE TOPIC OF THE SUBCOMMITTEE FORMATION,
Edmonds City Council Approved Minutes
September 1, 2020
Page 1
THAT THE SUBCOMMITTEE BE FORMED BY THE COUNCIL RATHER THAN THE
COUNCIL PRESIDENT.
City Attorney Jeff Taraday pointed out while it was fine to add this to the agenda, it shouldn't be called a
motion for reconsideration; motions for reconsideration are only styled as such when they happen at the
same meeting. Council President Pro Tern Paine commented it could be done at the next meeting; this
was the first possible meeting since the last meeting. Mr. Taraday relayed his understanding and the way
the Council has always done it was it considered a motion for reconsideration if it occurred at the same
meeting, otherwise it was to renew an issue.
Mayor Pro Tern Fraley-Monillas asked City Clerk Scott Passey for input. Mr. Passey said it was a matter
of semantics whether it was called reconsideration or a new motion.
Council President Pro Tern Paine preferred it be a motion for reconsideration.
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.
In response to Mayor Pro Tern Fraley-Monillas' inquiry, Council President Pro Tern Paine requested it be
added to agenda after the public hearing, as Action Item 9.1 or 9.3. Mayor Pro Tern Fraley-Monillas
suggested Item 9.3.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
5. PRESENTATIONS
1. PROCLAMATION ON SUICIDE PREVENTION MONTH
Mayor Pro Tern Fraley-Monillas read a proclamation proclaiming the month of September 2020 as
Suicide Prevention Month in the City of Edmonds.
Mayor Pro Tern Fraley-Monillas asked for a moment of silence for those lost to suicide, survivors and
loved ones of those who have died by suicide.
2. SNOHOMISH HEALTH DISTRICT SUICIDE PREVENTION REPORT
Wendy Burchill, Healthy Communities Specialist, Snohomish Health District, explained her focus
has been on injury prevention and most of her time in the past two years has focused on suicide
prevention. She coordinates the Snohomish County child death review which includes data regarding
youth suicide. She thanked the City of Edmonds for taking the initiative to recognize suicide prevention
and making it a priority in the community. Suicide has affected nearly everyone in one way or another.
Ms. Burchill reviewed:
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Suicide in our community
o Graph — Suicide Trend by Age Group, Snohomish County, 2013-2018 (Rate per 100,000)
o Rates have remained consistent except for ages 15-24
o In Snohomish County, suicide is the #2 cause of death for 15-24 year olds which is consistent
with the state and the nation
■ Age 15-24
Edmonds City Council Approved Minutes
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- 2013: 6.5
- 2014: 21.6
- 2015: 23.9
- 2016: 18.5
- 2017: 21.9
- 2018: 27.4
In death reviews, began seeing middle school youth dying by suicide about 5 years ago
In Snohomish County, suicide is the #1 cause of death in ages 10-17
Age 1-14
- 2013: 0
- 2014: 1.5
- 2015: 2.95
- 2016: 0
- 2017: 0.71
- 2018: 1.4
o Youth suicides (0-18), Snohomish County 204-2019 (ending June 2019 School years)
Male:24
* Female: II
o July 2019-July 2020
■ Zero youth suicides
• Suicide in Snohomish County
o Over a ten-year period (2006-2016):
• 8th graders who planned how they would attempt suicide has increased by nearly 50%
(8.8% to 13.7%)
■ lod' graders who planned how they would attempt suicide has also increased nearly 50%
(12.2% to 17.5%)
■ 12t" graders who planned how they would attempt suicide has also nearly doubled (9.1 %
to 17.5%)
■ 12t" graders who have seriously considered attempting suicide has nearly doubled (11.7%
to 22.7%)
• What We Know
o Suicide is complex. There are almost always multiple causes, including mental illnesses, that
may not have been recognized or treated. Death by suicide is rarely caused by a single event,
such as a recent job loss, divorce, bullying, or bad grades. Mental disorders and/or substance
abuse have been found in 90 percent of people who have died by suicide.
o Personal stories from those who overcame a suicidal crisis or a suicide attempt are affective
and impactful ways to offer hope. Hope in any form can help someone overcome a suicidal
crisis.
o When it comes to individuals who struggle with suicidal thoughts, suicide is not the problem,
it's the solution to a perceived unsolvable problem. This is why appropriate treatment
interventions are so important.
o Asking someone directly about suicidal intent lowers anxiety, opens up communication and
lowers the risk of an impulsive act.
Why Talk About Suicide?
o Discussing suicide (in person or in the media) carefully and appropriately, can
■ Change public misperceptions
■ Correct myths
■ Reduce stigma
• Encourage those who are vulnerable or at risk to seek help.
-+PREVENT future suicides
• How to Help
Edmonds City Council Approved Minutes
September 1, 2020
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o Take and/or offer trainings like Mental Health First Aid or QPR
o Partner with area mental health providers and crisis resources to keep the conversation about
suicide in the forefront
o Utilize social media platforms to accurately relay hopeful survivor stories and resources
o Be the source for timely and accurate data about suicide in your community
o Provide crisis line information and mental health resources to clients, community members
and/or students via flyers, posters, cards, and on student IDs
• Crisis Resources in Snohomish County
* 24/7 consultation with professional staff
o Online chat function (www.Imhurting.org)
o Urgent appointments
* 800-584-3578
* 425-258-4357
* Suicide Resources
o American Foundation for Suicide Prevention
www.afsp.org
o National Association of School Psychologists
www.nasponline.org
o Suicide Prevention Resource Center
www.sprc.org
o The Trevor Project
www.thetrevorproject.org
o Mental Health First Aid
www.mentalhealthfirstaid.org
New Resources
o YIRT
■ Volunteers of America Western Washington's Behavioral Health Services, in
coordination with Snohomish County Human Services, is pleased to announce the Youth
Incident Response Team (YIRT). YIRT is a specialty program that will provide free,
short-term crisis intervention and prevention services to families, schools and
communities which have experienced a significant community -based trauma involving or
impacting youth. The team consists of mental health professionals with specialized
training in trauma -informed care and disaster response. They will utilize strength based,
solution -focused, culturally competent trauma informed approaches.
■ This service is available throughout Snohomish County during regular business hours:
Monday through Friday, 8am-5pm to individuals and groups.
■ To access these services, contact the 24/7 Care Crisis Line at 1-800 584-3578 or email
Pat Morris, YIRT Project manager at pmorris@voaww.org
o Community COVID Outreach Counselors Program
01 The Community COVID Outreach Counselors Program can provide emotional support
services to residents of Snohomish County whose mental health has been impacted by
COVID-19. Snohomish County residents living through the COVID pandemic will
experience varying degrees of anxiety, trauma, stress and depression. Community
COVID Outreach Counselors will provide short-term interventions designed to' provide
emotional support and to connect residents with needed services and resources.
Community COVID Outreach Counselors will receive direct referrals as well as referrals
from 211, family members, friends, co-workers, teachers, neighbors and others concerned
about how individuals are coping with COVID induced changes. The Counselors will
provide short-term interventions that help citizens understand their current situation and
reactions. To access the service, residents in need may call 2-1-1.
o WA Listens
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■ A new program that provides nonclinical support to people experiencing elevated stress
due to COVID-19.
■ Call 1-833-681-0211 to be connected to a live support specialist. The support specialist
will listen and connect you to community resources in your area. The program is
anonymous and no identifying information is maintained.
■ www.walistens.org
o How Right Now
• "How Right Now" is an initiative to address people's feelings of grief, loss and worry
during the COVID-19 pandemic. Overall, it aims to increase people's ability to adapt and
be resilient during this time. The How Right Now initiative is funded by the CDC
Foundation.
• www.howrightnow.org
Councilmember Buckshnis agreed this was a difficult topic to talk about, especially for people her age,
men in particular, it is very difficult for a man to admit to another man that he is depressed and ignoring
that call for help can be deadly. This is an important topic for youth as well as middle aged especially
during COVID. Someone who is clinically depressed and has a chemical imbalance cannot get out of it
without antidepressants. She asked if the reason there had not been many youth suicides during COVID
was because parents were at home. Ms. Burchill said it warrants conversation. She was also curious why,
she has her own personal ideas/thoughts; that may be one of the reasons, but youth often say their safe
place is not their home. She relayed one of her children struggles with mental health issues and he has
been a completely different young man since he has been home and out of the school environment,
happier and more engaged. There is some validity to being home with family, not having the daily
pressure of in -person school, the schedule, bullying, etc. in the school environment, as well as sleep. She
also wants to look at attempts, maybe attempts have increased, but no young people were lost. She knew
from talking with kids that they are stressed, but the stress is different.
Councilmember L. Johnson thanked Ms. Burchill and Councilmember Distelhorst for his work on this,
bringing attention to this extremely important issue especially during COVID. She relayed in March when
things first started, her 14-year old son experienced a tremendous reduction in anxiety due to release of
pressures, both social and possibly over -scheduling, although his stress has increased due to his lack of
social interaction. Education and recognition goes a long way toward destigmatizing mental health. As a
mom of three teens, she pays particularly attention to adolescent mental health. Another preventative
action is following lock -it -up or safe storage programs for firearms and prescription drugs which are the
two most lethal methods for suicide. Firearms account for 50% of death by suicide and prescription drugs
19%. She asked why that was not part of the presentation.
Ms. Burchill said her prevention efforts in the community include participation in the lock -it -up program
where she gives away gun locks specifically around the topic of suicide prevention. Because it
immediately becomes political or a hot topic, at times she has been told not to come for that reason. She
agreed safe storage and reducing access to means can significantly reduce firearm suicide. Most attempts
are done in moments of panic or despair and once those acute feelings are at ease, 90% of people do not
go on to die by suicide. People often think if someone doesn't use a firearm, they will use another method
which is not true. Safe storage of firearms is very important in the suicide prevention world.
Councilmember L. Johnson recalled 90% of attempted suicide by firearm ends in death. Ms. Burchill said
in the United States, 86% of attempted suicide by firearm ends in death. In homes without firearms, it is
only 6%. Anecdotally from reviewing youth suicides in the community for 20 years, she believed if
firearms were properly stored in the home, half of the youth suicides would not occur. She clarified she
not against gun ownership. Adult suicide is different because they have different access means and issues.
Edmonds City Council Approved Minutes
September 1, 2020
Page 5
Council President Pro Tern Paine thanked Councilmember Distelhorst and Ms. Burchill for addressing
this serious issue. It is not unusual to have people in one's family circle struggle with this and it is
important to recognize. She learned at a funeral recently that sometimes mental health is just as deadly as
cancer or any other disease. People need to pay attention and treat it that seriously.
Councilmember Distelhorst gave his heartfelt thanks to all the partners: Ms. Burchill and the Snohomish
Health District; Lisa Edwards and the Verdant Health Commission; Daniel Johnson and Michelle Reitan
and the Edmonds Waterfront Center; Maureen Judge, Cindi Cruz, and Patrick Doherty on City staff, and
Brook Roberts and other members of the Edmonds Youth Commission. It has been a fantastic group to
work with and he was proud of the two free, virtual events planned for this month: Question, Persuade
Refer suicide prevention training on September 17"', and a community panel for all ages on September
23`d. Details regarding the events are on new City webpage, WeCare.edmondswa.gov. There will also be
posters and banners in the City. The proclamation read tonight is also available in Spanish, simplified
Chinese, Korean, and Russian. He summarized we cannot treat our mental health and wellbeing or suicide
as taboo. We need to be able to learn, talk and support our friends, family and community members.
Mayor Pro Tern Fraley-Monillas expressed appreciation for Councilmember Distelhorst's work on this
topic. Having had a family member who was successful in committing suicide, she appreciated everything
he has done to allow the citizens of Edmonds to participate in training.
3. TREE BOARD REPORT
Frank Caruso, Tree Board Co -Chair reviewed:
+ 2019 Members
o Bill Phipps, Co -Chair
o Vivian Olson, Co -Chair***
o Frank Caruso, Vice Chair
o Steve Hatzenbeler***
o Barbara Chase
o Doug Petersen
o Gail Lovell
o Suzanne Juergensen (Alternate)
o Leslie Smith (Student Representative)
o Diane Buckshnis (City Council Liaison)
2020 Members
o Frank Caruso, Co -Chair
o Barbara Chase, Co -Chair
o Bill Phipps
o Doug Petersen
o Gail Lovell
o Suzanne Juergensen
o Donna Murphy***
o Ross Dimmick (Alternate)***
o Diane Buckshnis-(City Council Liaison)
Tree Board's Main Mission
o The City of Edmonds Tree Board actively encourages the planting, protecting and
maintaining of trees for the long term benefit to our community
Year in Review - 2019
o Edmonds is now in its 10"' year as a Tree City USA
o Our 4th Growth Award (meaning we worked hard!)
o Earth Day — City Park Ivy pull: partnered with City Parks Department
Edmonds City Council Approved Minutes
September 1, 2020
Page 6
o Trees in downtown Edmonds identified with temporary name tags
o Partnered with Edmonds in Bloom on their Garden Tour — 3rd time trees identified
o Improved and expanded on the Tree Board website
o Completed a final draft of Trees for Small Spaces brochure
o Arbor Day Planting Celebration at the greenway by Yost Park and Main Street
o Saturday Market Info Booth and Tree Raffle
o Participated with the City on the formulation of an Urban Forest Management Plan
o Conducted a class on all aspects of trees at the Anderson Center in October
o Assisted the Students Saving Salmon group by planting trees and shrubs at Shell Creek by the
Holy Rosary Church in March (mountain beavers destroyed previous plantings)
Tree Board Member Donna Murphy reviewed:
• Photographs of Tree Board Members and activities
• Tree Board Current Work
o Continue to distribute `Before you grab that chainsaw...' and Small Trees brochures
o Continue to provide input on the Urban Forest Management Program and a Tree Code
o Continue education and stewardship — Earth Day, Farmer's Market, Arbor Day
o Continue to partner with Students Saving Salmon
o Work with the newly hired full-time Arborist for the city
o Partner with the Edmonds Library on a workshop for children on the importance of trees in
the environment
+ 2020 Plans in Summary (COVID-19 dependent)
o Educate and assist through various activities and events including:
■ Earth Day event (Yost Park Clean-up)
■ Summer market
K Downtown educational tree tags
t Edmonds in Bloom garden tour with tree identification
Arbor Day Tree planting with Parks Department
■ Workshop for children at the Edmonds Library
Councilmember Buckshnis recognized Co -Chair Barbara Chase who was also present virtually. As the
Council liaison to the Tree Board, Councilmember Buckshnis looked forward to the tree code and
thanked the Tree Board for their volunteer efforts.
Councilmember Olson thanked the Tree Board Members for being here tonight. She looked forward to
the library youth program, a new initiative since she left the Tree Board, and one of the many programs
awaiting the end of COVID-19. She referred to the "Before You Grab the Chainsaw" pamphlet, a work
product created a couple years ago that is a truly a gift that keeps on giving. She encouraged citizens who
believe they have a problem tree to pick up the brochure from the Green Center at City Hall before
proceeding. The brochure describes many options besides cutting down a tree and provides contact
information for the Tree Board and City staff for questions. She thanked the Tree Board for developing
that pamphlet and to City staff for their support of those initiatives.
Council President Pro Tern Paine thanked the Tree Board, commented she was on Tree Board in the past
and was impressed with their progress particularly in the schools and the library. She recalled having an
education section on the Tree Board agenda and suggested that be considered. She congratulated the Tree
Board on their work and expressed her thanks for the presentation.
Councilmember L. Johnson thanked the Tree Board and Co -Chair Caruso and Board Member Murphy for
their presentation. She appreciated the tree tags, noting she and her family read the tree tags when going
for walks. The Tree Board is an example of education combined with policy and the Tree Board is doing
Edmonds City Council Approved Minutes
September 1, 2020
Page 7
their part to educate and reach the community. She plans to research mountain beavers, having never
heard of that animal.
Mayor Pro Tem Fraley-Monillas thanked Co -Chairs Caruso and Chase and Board Member Murphy for
their volunteer efforts.
6. AUDIENCE COMMENTS litt s://zoom.us/s/4257752525
Mayor Pro Tern Fraley-Monillas invited participants and described the procedures for audience
comments.
There were no public comments.
(Written comments submitted to PublicComment@Edmondswa.gov are attached.)
7. APPROVAL OF THE CONSENT AGENDA ITEMS
COUNCIL PRESIDENT PRO TEM PAINE MOVED, SECONDED BY COUNCILMEMBER L.
JOHNSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda items approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 25, 2020
2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ERIC MESSENGER
($4,322.16)
4. COMPENSATION F'OR LEGISLATIVE/EXECUTIVE ASSISTANT TO COUNCIL
8. PUBLIC HEARIN�G-(https://zoom.us/s/4257752525)
1. HAINES WHARF COMPREHENSIVE PLAN AMENDMENT PUBLIC HEARING
Environmental Program Manager Kernen Lien explained this is a City -initiated Comprehensive Plan
amendment to change the Comprehensive Plan designation from Mixed Use Commercial to Open Space
to implement the Shoreline Management Program (SMP) which changed the Shoreline designation of the
site a few years ago. He provided an aerial image of the area, advising the Comprehensive Plan change
applies to four parcels; two parcels are privately owned, one is owned by the City of Edmonds, and one is
owned by Snohomish County. The current zoning of the parcels is Commercial Waterfront (CW). A
rezone of the site will likely follow should the City Council approve the Comprehensive Plan amendment.
Mr. Lien reviewed:
■ Old Shoreline Designation
o Urban Mixed Use Environment. Same designation the Port of Edmonds had. These areas
have been intensely developed with a mix of commercial uses, port facilities, multimodal
transit facilities, railroad facilities and limited light industrial uses.
• Current Shoreline Designation
o Aquatic I (Low Intensity). These areas are mostly characterized by aquatic ecosystems that
have been modified by the Burlington Northern Santa Fe railroad bed fill that covers the
intertidal and transitional upland zones along the beach. The beach has been altered by
seawalls or large -rock riprap. These shoreline areas generally exhibit low -intensity
Edmonds City Council Approved Minutes
September 1, 2020
Page 8
development and few overwater structures. In freshwater areas, there may be a significant
number of docks and piers serving residential areas.
Site history
o Wooden barn -like structure barged in 1939
■ Original Haines Wharf operated as a full -service fishing facility for 30 years
o Meadowdale Marina added in 1975
o No business license since 2001
o Commercial uses no longer allowed at the site
■ Structures and commercial uses are nonconforming
- When a nonconforming use ceases for a period of a year, any use of the site has to be
consistent with current regulations.
- While commercial uses cannot occur at the site, it can be still used for private uses
such as boat storage
o Shoreline Substantial Permit issued in 2005
■ None of the other required permits were issued
o Identified in the SMP as a restoration site
• ECDC 20.00.050: Amendment to the comprehensive plan may be adopted only if the following
findings are made:
A. The proposed amendment is consistent with the provisions of the Edmonds Comprehensive
Plan and is in the public interest;
B. The proposed amendment would not be detrimental to the public interest, health, safety or
welfare of the city;
C. The proposed amendment would maintain the appropriate balance of land uses within the
city; and
D. In the case of an amendment to the comprehensive policy plan map, the subject parcels are
physically suitable for the requested land use designation(s) and the anticipated land use
development(s), including, but not limited to, access, provision of utilities, compatibility with
adjoining land uses and absence of physical constraints.
• Consistent with Comprehensive Plan
o Commercial Development Goal A. Commercial development in Edmonds shall be located to
take advantage of its unique locational opportunities while being consistent and compatible
with the character of its surrounding neighborhood. All commercial development should be
designed and located so that it is economically feasible to operate a business and provide
goods and services to Edmonds
o A.2 Parcels of land previously planned or zoned for commercial use but which are now or
will be identified as unnecessary, or inappropriate for such use by additional analysis, should
be reclassified for other uses.
o Application of above to these parcels:
■ Located in a residential neighborhood
■ Can only be accessed via local streets
■ Unsignaled railroad crossing
• Not compatible with surrounding neighborhood and no safe access
o ECDC 24.60.030.D.9 Aquatic I. Commercial and light industrial use and development are
prohibited, except that water -dependent uses and appurtenant structures may be permitted
subject to the use and development regulations of the abutting upland shoreline area
designation.
■ Two abutting upland shoreline environments (Urban Railroad and Shoreline Residential
I) prohibit commercial uses and development
■ Site should be reclassified to Open Space consistent with Commercial Development Goal
A.2
• Open Space
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September 1, 2020
Page 9
o Open Space Goal A. Open space must be seen as an essential element determining the
character and quality of the Edmonds environment, in accordance with the following policies.
■ A.2. All feasible means should be used to preserve the following open spaces:
■ A.2.b Areas which have an abundance of wildlife, particularly where there are linked
wildlife corridors or habitats of rare or endangered species.
o Open Space Goal B. Edmonds possesses a most unique and valuable quality in its location on
Puget Sound. The natural supply of prime recreational open space, particularly beaches and
waterfront areas, must be accessible to the public, in accordance with the following policies:
■ B.1 Edmonds saltwater shorelines and other waterfront areas should receive special
consideration in all future acquisition and preservation programs.
o Numerous fish and wildlife species depend on the Edmonds shoreline and adjacent shoreland
habitats for either part or all of their life stages.
o Eight species of salmonids
o Endangered and threatened species: Puget Sound Chinook, bull trout, Steller sealion, and
Puget Sound Orcas
o Open Space Goal B specifically recognizes that the Puget Sound and our saltwater shorelines
should receive special consideration for preservation.
o Open Space designation is consistent with the goals and policies of the Comprehensive Plan
• Not Detrimental
o The proposed amendment would not be detrimental to the public interest, health, safety or
welfare of the City;
■ Implements the Shoreline Master Program
■ Help preserve and enhance habitat for federally listed species
■ Access via unsignaled crossing safety concern
■ Low intensity Open Space designation is more appropriate for the site
• Appropriate balance of land uses
o The proposed amendment would maintain the annronriate balance of land n.ses within the
City;
■ One other area with Mixed Use Commercial designation
■ Urban upland areas more appropriate for commercial uses than Puget Sound tide lands
■ Other areas with commercial designations
■ Removal of this nonconforming site will not impact the appropriate balance of land uses
• Physically suitable
o In the case of an amendment to the comprehensive policy plan map, the subject parcels are
physically suitable for the requested land use designation(s) and the anticipated land use
developments(s), including, but not limited to, access, provision of utilities, compatibility
with adjoining land uses and absence of physical constraints.
■ Not physically suitable for current Mixed Use Commercial designation
++ Landward neighborhood is single-family residential area
* Site can only be accessed via local roads
■ Railroad tracks imposed a physical obstacle to access site
■ SMP prohibits commercial uses and development
Proposed Open Space is more appropriate for intended land use and more compatible
with the adjoining land uses
• Planning Board recommendation
o Planning Board held a public hearing on April 10, 2019 and forwarded a recommendation of
approval
o Staff recommends tentative approval
■ Final approval would be at the end of the year with a single ordinance for all 2020
Comprehensive Plan amendments
Edmonds City Council Approved Minutes
September 1, 2020
Page 10
Mayor Pro Tern Fraley-Monillas opened the public participation portion of the public hearing.
Finis Tupper, Edmonds, asked whether the Comprehensive Plan map change was on Comprehensive
Plan amendment docket as required by the Growth Management Hearings Act. He recalled the Council
was told this property was worthless and asked whether any Councilmembers had visited the Snohomish
County Assessor's website and learned the property is valued at $171,000. The value dropped in 2003
after a significant storm damaged the property. The Assessor's website also indicates the property owner
is 3-4 years delinquent on taxes. There were tax foreclosures on other properties that are part of this
Comprehensive Plan map change. He questioned why the City would make this Comprehensive Plan
change now if there is a possibility it will be acquired by Snohomish County via a tax foreclosure. He
referred to Mr. Lien's indication that mail had been returned from another property owner, Jeri Ann
Merritt. He sent an email to the Council regarding public participation and public notice and the address
the City uses to notify property owners. The Assessor's website shows that the taxpayer address and the
owner address are different for the parcel owned by Jeri Ann Merritt; the Assessor uses the taxpayer
address. He requested the Council do some investigation before making a decision.
Hearing no further public comment, Mayor Pro Tern Fraley-Monillas closed the public hearing at 8:11
p.m.
Councilmember Buckshnis asked whether this had been docketed last year, recalling the first meeting was
in January 2019 and the advisory report is dated April 2019. Mr. Lien explained it was originally
docketed for 2019. As he explained in the previous presentation, it was carried forward into 2020 because
the City was approached by someone interested in the purchasing the property. Councilmember
Buckshnis asked if it needed to be re -docket or could it be carried forward. City Attorney Jeff Taraday
said he was not completely certain whether the code addressed that. Development Services Director
Shane Hope advised docketing is an informal process and is not addressed at any length in the code nor in
the Growth Management Act. There is a lot of flexibility in how it can be done by a local government and
amendments can be carried forward from year to year. Mr. Taraday said the primary purpose of docketing
is to provide an inventory of amendments and ensure they are done comprehensively; docketing identifies
what is on that year's to-do list. In this case, citizens had more than enough notice about this
Comprehensive Plan amendment and the intent of docketing is met. Councilmember Buckshnis said for
citizens who were looking for this on the docket and did not find it or remember that it was docketed in
2019, it is a matter of transparency.
Mayor Pro Tern Fraley-Monillas advised questions would be taken in a round robin format.
Councilmember Olson said the issues Mr. Tupper raised were the crux of the questions she asked at the
previous presentation, whether there was an impact to value as a result of this change and if the property
owner is in arrears on the taxes, allowing that transition of ownership to happen so there is no recourse or
liability to a municipality for making a change that might impact the value. She acknowledged it had been
discussed that there would be no impact to the value because permits have not been obtained. If there was
even a chance of a court case, she questioned whether it would be of value to spent a week and have the
City Attorney determine if there was value in not moving forward and allowing the process to continue
without interference.
Councilmember Buckshnis recalled during the previous presentation, there was discussion about the
property owner, Vladan Milosavljevic (Milo) and asked if the wrong type of public notice was being
provided to the other property owner mentioned by Mr. Tupper. Mr. Lien answered the code requires
provide notice be provided to the property owner; the mailing list uses the property owner's address from
the tax parcel information and that was used for mailings regarding this change.
Edmonds City Council Approved Minutes
September 1, 2020
Page 11
CaluIcilmember Buckslinis asked wily the City would change the Comprehensive Plan designation to
Open space when there was value to the property and taxes were in arrears which means Snohomish
County would foreclose and take ownership. Mr. Lien explained the reason the Comprehensive Plan
amendment was proposed was to faflow through with the SMP update. The SMP update was a very
extensive process with a lot of public input. Commercial use is not allowed at the site under the SMP, this
amendment will bring the Comprehensive Plan and SMP into consistency. Ms. Hope said consistency is
important to the SMP and the Comprehensive Plan and the code needs to be updated to reflect it.
Comprehensive Plan amendments generally happen only once a year so this is a good time. The value is
still there for the owner to use the property for private recreation. Whether Snohomish County goes
through a foreclosure process will occur in the future and it may or may not happen.
Councihnember Olson asked about the downside to waiting for a foreclosure action. Either the property
owner will pay taxes or there will be a foreclosure. Ms. Hope said the property owner could pay the taxes.
Councilmember Olson said if that happened, the Council should make this decision, but if they didn't,
waiting would reduce the City's liability. Ms. Hope said this meets the criteria for a Comprehensive Plan
change. Mr. Taraday said the tax status of a property is not Iisted among the items the Council is to
consider when determining whether to proceed with a Comprehensive Plan amendment. He recalled Mr.
Lien reviewed the code requirements; whether the taxes on a parcel are in full or are in arrears or on the
verge of foreclosure is not relevant to this decision from a regulatory standpoint. If the issue was whether
the City will lose money it would otherwise be able to collect through a tax sale, he said the numbers
would need to be run on, 1) the likelihood that there would be a tax sale because even if Snohomish
County forecloses on a property, that does not mean anyone will bid on it or pay the tax bill, and 2) he
speculated the reason the taxes haven't been paid is because the owner realizes there is not enough value
in the property to warrant paying the taxes.
Council President Pro Tem Paine said she was curious why taxes come into the discussion. The City was
not purchasing property nor forcing anyone to do anything, the Proposal was to change the
Comprehensive Plan designation to be consistent with the SMP.
COLmCJlmember Buckshnis agreed the Comprehensive Plan and the SMP need to be consistent. The next
step will be to rezone the property to open space which will reduce the value, but that is a separate topic.
Councilmember Olson said the concept of a tax sale did not cross her mind, she was more concerned
about the impact to the value of a rezone and whether the landowner wanted to make an issue of that with
the City. She suggested waiting to make a decision until next week, recalling the Council's practice of not
to taking action the same night as the public hearing.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO
MOVE THIS ITEM TO NEXT WEEK.
Councilmember L. Johnson said this is the second time the Council has discussed this item and the
second time staff has made a presentation. She was uncertain what additional information would be
provided and questioned asking staff to make a third presentation. She would consider having it on next
week's Consent Agenda. - - -
Council President Pro Tern Paine asked if there were any outlying issues. She had similar concerns about
moving it to next week which is committee night. Mr. Taraday said even if the Council moves forward
with the Comprehensive Plan amendment and ultimately with the zoning that Mr. Lien mentioned, the
property still has moorage value. Even if a hotel could not be built on the dock, boats could still be
moored on the dock which has economic value. From a regulatory takings analysis standpoint, this would
not completely eliminate the value due to the remaining moorage use. Given the limited use that has been
made of the property over the last 20 years, he did not see that this action would change that. It was hard
Edmonds City Council Approved Minutes
September 1, 2020
Page 12
for him to see justification for a plaintiff to bring a cause of action for a regulatory taking against the City
and doubted any such lawsuit would have merit.
Councilmember Distelhorst pointed out the agenda packet stated tentative approval and asked if staff
needed a motion tonight or would a motion of unanimous consent be sufficient as it would come back as
the Comprehensive Plan update later in the year. Ms. Hope suggested a motion of tentative approval
would be appropriate, agreeing final approval would be done with the remaining Comprehensive Plan
changes at the end of the year.
Councilmember L. Johnson agreed the Council was being asked to provide tentative approval and final
approval will occur later this year.
Councilmember Olson clarified the Council could make a change if something some to light between now
and final approval. Ms. Hope and Mr. Taraday answered yes.
COUNCILMEMBER OLSON WITHDREW THE MOTION WITH APPROVAL OF THE
SECOND.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER
DISTELHORST, TO TENTATIVELY APPROVE THE COMPREHENSIVE PLAN MAP
CHANGE FROM MIXED USE COMMERCIAL TO OPEN SPACE. UPON ROLL CALL,
MOTION CARRIED (7-0), MAYOR PRO TEM FRALEY-MONILLAS, COUNCIL PRESIDENT
PRO TEM PAINE, COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON,
AND L. JOHNSON VOTING YES.
9. ACTION ITEMS
SET PUBLIC HEARING FOR 184TH STREET SW STREET VACATI
Environmental Program Manager Kernen Lien recognized Engineering Program Manager Jeanie
McConnell who was virtually present for this item. He recalled a public hearing was set last year for this
street vacation and subsequently withdrawn. He displayed a vicinity map and identified four parcels
associated with the future development of the site in the Perrinville area. He identified the street vacation,
a portion of 184"'
Mr. Lien reviewed the big picture:
• Street vacation
• Street Map amendment
o Street Map identifies future potential rights -of -way
o Subdivision process may require dedication
• Potential future subdivision
• Review processes
o Type V — Street map amendment and street vacation
o Type III — subdivision
o Code requires street vacation and street map amendment prior to subdivision application
Mr. Lien identified the area in a future subdivision that likely would be required to be dedicated to the
City to bring the road up to City standards. The existing right-of-way is 20 feet wide, a 40 foot right-of-
way width would be required. He identified the area at the end of 184"' that likely would be vacated. The
last public hearing was postponed because the appropriate area to be vacated was uncertain and more
work needed to be done on the subdivision to determine the size and location of the turnaround. He
identified the location of a future pedestrian easement to provide a connection to Olympic View Drive.
Edmonds City Council Approved Minutes
September 1, 2020
Page 13
There are numerous utilities on the site including a 20-inch watermain, storm facilities and a sanitary
sewer; easements will be acquired during a future development. This agenda item is not review of the
subdivision; the subdivision information is provided as part of the big picture. The public hearing will
include further discussion about the process.
Mr. Lien reviewed:
• Review Criteria
o Street vacation — ECDC 20.70.020
■ Vacation is in public interest
■ No property will be denied direct access
o Street Map Amendment — ECDC 20.65.010
• Purposes of the Comprehensive Plan
■ Purposes of the Comprehensive Street Plan
■ Purposes of the Official Street Map
■ State and City code require the City Council fix a time via resolution for the public hearing on the
street vacation
o RCW 35.79.010 and ECDC 20.70.070 requires the City Council to fix a time by resolution
for public hearing on any proposed street vacation
o The hearing can occur no less than 20 days and no more than 60 days after the passage of the
resolution
o Resolution included in packet sets a public hearing date of October 6, 2020
o Street map amendment public hearing will occur same evening
o A staff report on the proposal will be prepared for the public hearing
Council President Pro Tern Paine thanked Mr. Lien for answering her extensive questions and offering to
review the process with her.
Councilmember Buckshnis said she received several calls from citizens today; many people were
unaware this was happening and there are a group of Perrinville residents opposed to this process. She
recalled Mr. Lien stating one of the considerations for the vacations was whether it was in the public
interest. She referred to an email that stated the righthand portion of 184"' is close to some very large
Douglas fir trees, some that are approximately 48 inches in diameter, surveyed in 2005. Councilmember
Buckshnis asked if this was really in the public's best interest, a huge development that will vacate
property that has large Douglas fir trees on it. She noted people are concerned because Douglas fir trees
are being cut down all the time. Mr. Lien said he will respond to the criteria in detail at the public hearing.
Councilmember Buckshnis said a lot of people are upset that this is coming forth and she wished there
would have been more transparency so more people could have commented on it. Mr. Lien said notice
will be provided of the public hearing; once the public hearing date is set, the site will be posted and
notice mailed to surrounding property owners. Councilmember Buckshnis said this is being done
backward; she would prefer to look at the subdivision prior to the streets and the street vacation, noting
low impact development could retain trees and not require the street vacation. She summarized it seemed
backward, doing the vacation before looking at the big picture of the subdivision.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER OLSON,
TO APPROVE RESOLUTION NO. 1455, A RESOLUTION OF THE EDMONDS CITY COUNCIL
SETTING OCTOBER 6, 2020 FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF
A PORTION OF 184TH STREET SW BETWEEN 80TH AVENUE W AND OLYMPIC VIEW
DRIVE.
Councilmember Buckshnis said she will abstain because she thinks the process is backwards.
Edmonds City Council Approved Minutes
September 1, 2020
Page 14
UPON ROLL CALL, MOTION CARRIED (6-0-1), MAYOR PRO TEM FRALEY-MONILLAS,
COUNCIL PRESIDENT PRO TEM PAINE, AND COUNCILMEMBERS K. JOHNSON,
DISTELHORST, OLSON, AND L. JOHNSON VOTING YES; AND COUNCILMEMBER
BUCKSHNIS ABSTAINING.
2. LEARNING ENHANCEMENT & ACTIVITY PROGRAM LEAP
Parks, Recreation & Cultural Services Director Angie Feser explained this item, LEAP program job
description approval and fee waiver, is a follow-up to last week's presentation. She reviewed:
• Objective: Council consideration of
o Approval of two job descriptions to support the implementation of the LEAP program
o Possible direction for additional funding of registration fees waivers
• We are living, working and operating in unprecedented times due to the COVID pandemic which
require adaptive recreation programming to meet community needs within new health and safety
guidelines
• Parks, Recreation & Cultural Services Department has been innovative and identified LEAP in
response to the community's need for safe and affordable day camp programming that also
provides support of distance learning for Edmonds children.
• Program feasibility shifted to full development with ESD's recent announcement that it was
implementing full-time distance learning
o 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
■ Program evolving nearly daily
■ Fluid time and program can be flexible based on community needs
• Basics:
■ Nine isolated rooms/pods in the Frances Anderson Center and Library Plaza Room
■ Rooms/pods isolated from each other and building tenants
■ Each room will have 8-22 children of similar grade level with a minimum of 2 staff and
larger rooms having 3 staff to provide a minimum of 10:1 child/staff ratio
■ Each child will have a 6 foot table and chair with at least 6-foot social distancing between
each table
■ Gymnasium = flex space
■ Anderson playfield also used
■ 2" d — 6' grade
■ 7 pm — 6 pm/pods 8:30 am - 4:30 pm
■ Traditional day camp/recreation activities supported by environmental education and
cultural arts programs as well as SnoKing Youth Club
■ Academic support
— ESD distance learning program
— WiFi in building
■ 100 participant capacity
■ $300 resident/$345 non-resident weekly fee
■ 20% of participants full waiver
LEAP Safety
o Will adhere to current COVID Guidelines
■ Federal/CDC
■ State of Washington
■ Snohomish Health District
■ City Operating Policies/Procedures
Day Camp/Recreation Programs
o Staff training
Edmonds City Council Approved Minutes
September 1, 2020
Page 15
■ New COVID protocols and practices, safety procedures such as building evacuation
■ All staff required to have first aid and CPR certification
o Safety practices/protocols
■ Mask wearing, social distancing, frequent cleaning and sanitation, pod group isolation,
program drop-off/pick-up outside the facility, health screenings and related activities that
support safety of staff, participants and families as well as other building tenants
• LEAP is within the 2020 Recreation Division budget so a budget amendment is not required
o Proposed budget has capacity and capability to be cost neutral due to being a service -based
model and has the flexibility due to weekly registration and adjusting to related staff needs
o Program budget is calculated on staff cost averages as it changes over the course of the 9-
month program
o Staff will be hired as temporary, non -benefited employees for the first five months
o If program continues, staff will transition to permanent, benefited employees for last four
months
o The 4 1 % additional cost of benefits is calculated into staff costs
■ LEAP Budget: 100% capacity
Revenue
Qty
Unit
Total Monthly
Amount
9-Month
Amount
Full Fee ($300)
80
$300
$96,000
$864,000
Full Waiver
20
$-
$-
$-
TOTAL
$96,000
$864,000
Expenditures
Qty
Unit/Each
Total Monthly
9-Month
Amount
C't CF
�7 Ql1
Program Coordinator — Recreation Coordinator
1
$6,491
$6,419
$57,767
Recreation Leader 11— 8 hours
9
$4,064
$36,573
$329,159
Recreation Leader — General 8 hours
9
$3 488
$31 394
$282,543
Recreation Leader — General 5.5 hours
4
$1,962
$7,848
$70 636
Comeast WiFi
1
$100
$100
$900
ActiveNet (registration technology fee)
$4,080
$36,720
Supplies
9
$100
$900
$8,100
Contin enc
1
$4,800
$4,800
$43,200
TOTAL
$92,114
$829,024
Difference
$3,886
$34,976
o Additional one-time expenses:
■ $3,810 Start -Up Costs (equipment, COVID supplies
■ $15,000 WiFi Improvements (eligible for CARES funding reimbursement)
LEAP Bud et: 50% capacity
Revenue
Qty
Unit
Total Monthly
Amount
9-Month
Amount
Full Fee $300
50
$300
$60,000
$540,000
Full Waiver
0
$-
$-
$-
TOTAL
$60,000
$540,000
Expenditures
Edmonds City Council Approved Minutes
September 1, 2020
Page 16
Qty
Unit/Each Total Monthly
9-Month
Amount
Staff
Program Coordinator - Recreation Coordinator
1
$6,491
$6 419
$57,767
Recreation Leader II - Pod Lead
5
$4,064
$18,287
$164,580
Recreation Leader- General 8 hours
5
$3,488
$15,697
$141,271
Recreation Leader - General (5.5 hours)
4
$1 962
$7,848
$70,636
Comcast WiFi
1
$100
$100
$900
ActiveNet (registration technology fee)
$2 550
$22,950
Supplies
9
$100
$450
$4,050
Contingency
1
$3 000
$3,000
$27,000
TOTAL
$54,350
$489,153
Difference
$5,650
$50,847
o Additional one-time expenses:
■ $3,810 Start -Up Costs (equipment, COVID supplies
■ $15,000 WiFi Improvements (eligible for CARES funding reimbursement)
LEAP - Staff positions
o Two positions require Council approval of the job description:
• Recreation Leader II (new)
• Recreation Leader -General (revised)
■ New positions have higher qualification requirements due to academic support
component of program which is not typical of a day camp. Objective is to be able to hire
staff with qualifications such as substitute teachers, paraeducators, college students
studying to become teachers or similar profession who may currently be out of work.
0 18 FTE (9 rooms/2 staff)
0 4 PTE (AM/PM program, assist)
0 1/4 - 1/3 of new employees are predicted to be rehired City recreation staff who are currently
not working, including environmental education camp staff, interpretive rangers and
gymnastic staff
Ms. Feser explained the program is currently able to support full registration waivers for 20% of weekly
participants. Council requested staff research providing additional waivers. The options are only through
the end of the calendar year due to grant restrictions. She suggested Council consider the options through
the end of the year and revisit options for 2021 via the budget process. She reviewed:
• Registration Fee Wavier Options/Update
o City Funding - End of Year
• Option #1: Direct allocation Council Contin enc or General Fund)
Fee Waiver Options
Monthly
End of Year
10 Waivers 50%
$6,000
$18 000
(20) Waivers 50%
$12,000
$36,000
10 Waivers 100%
$12,000
$36,000
20 Waivers 100%
1 $24,000
$72,000
• Option #2: CARES allocation
- Eligible for childcare
- Unable by time of this presentation to obtain a City CARES fund balance
- Department of Commerce may provide additional CARES funding to cities
o Outside sources
■ Verdant Health
Edmonds City Council Approved Minutes
September 1, 2020
Page 17
- Submitted application last week to Emergency COVID Assistant program to support
5-10 full registrations/$18,000 - $36,000 through the end of the year
Office of Public Schools and Instruction (OPSI)
■ Community Development Block Grants (CDBG)
■ Campaign soliciting donations from individuals and community partners to City's
scholarship fund
LEAP - Council Action/Direction
1. Council approval of two proposed job descriptions of Recreation Leader II and Recreation
Leader -General to support the LEAP program.
2. Possible direction for additional funding of registration fee waivers.
o Weekly registration quantity -how many? Full/partial?
o Funding source -Council Contingency or General Fund, CARES or ?
o OR further study?
Regarding staff positions, Councilmember Olson said she did not see a reference to bilingualism and
suggested that be added as preferred. She asked whether any of the existing staff were bilingual. Ms.
Feser answered she has not met many of Parks' former employees. She agreed a bilingual skill set would
be a bonus.
Councilmember Buckshnis asked about $4800 for a contingency fund, commenting that was not usually
part of a program expenditure. Ms. Feser said that was built in for unknowns as COVID requirements,
this program, etc. are rapidly changing. The contingency would provide wiggle room to absorb the cost of
implementing any new COVID requirements from the state or the health district. Councilmember
Buckshnis asked how the amount of $4800 was determined. Ms. Feser said it represented 5% of revenue.
Councilmember Buckshnis said a few people have asked her why, if this program assists the Edmonds
School District (F,SD)_ the district was not nrnvirlina finnnr.ial neeietnnra Mc Facer anexx ara� it —no not
necessarily helping the ESD, but helping families educate their children. The district did not ask the City
to run this program, it was identified as a community need to help families who have to make a decision
between going to work and supporting their children's education. This is not a school or substituting for
school, it is simply creating an environment that supports school -age children in their academic efforts
while they are doing distance learning and participating in day camp activities.
Councilmember Buckshnis said teachers are wondering if kids coming to camp will actually be doing
online school that the ESD is making available versus babysitting. Ms. Feser answered the program will
provide an environment to allow that work to happen and to provide support. There will be WiFi in the
building, children will be grouped in like grades and each child via their Chromebook will be able to do
their work. Program staff will be aware of the ESD schedule and times and each program participant's
schedule and staff will provide assistance. Staff cannot 100% guarantee all a child's work will be done
when they leave building. When there are eight children in a room doing 1'/z hours of work on their
Chromebook, there is not much else to do but schoolwork. She summarized staff will be supporting that
work, but it is not school.
Councilmember Buckshnis wanted to ensure that was made very clear to the families. She was concerned
the program would be blamed if a student failed. Ms. Feser said staff has been very careful with the
language used in the literature, not using "teacher" or "student" but using "participant, day camp, and rec
leaders." A parent handbook is being developed that will be shared with each family in the program that
clarifies the expectations regarding what staff can provide and what is expected of children in the
program.
Edmonds City Council Approved Minutes
September 1, 2020
Page 18
Councilmember Buckshnis commented Parks is 15% below budget, although there has not been a recent
update on financials. She asked if some of the teachers would be reemployed staff. Ms. Feser answered an
example would be the environmental and education program, beach rangers who were released due to
COVID and the City not operating that program, those individuals would be rehired for this program if
they are qualified and interested. Councilmember Buckshnis asked if there would be new job descriptions
for the recreation staff working under the Recreation Leaders. Ms. Feser said there are three different
Recreation Leader categories. Councilmember Buckshnis thanked Ms. Feser for the updated packet and
financial information.
Mayor Pro Tern Fraley-Monillas thanked Ms. Feser for developing this program. As parent who has had a
child in the ESD, she could not imagine working and provide supervision and education for her child.
This is really good for the City and people who need some extra support. She was proud to live in a city
where this program was being offered.
As an ESD parent, Councilmember Distelhorst appreciated what the City was putting together. He asked
how the program would support students on free or reduced lunch. Ms. Feser answered staff asked the
ESD about being involved in the nutrition program; during the summer the ESD has provided meals/food
to families in the free and reduced program. ESD plans to continue with the model they utilized during
the summer where a week's worth of food per child is available for at a central location, typically a
school, once a week. Councilmember Distelhorst summarized it will be incumbent on students to pick up
the food and bring it to the program. Ms. Feser agreed.
Council President Pro Tern Paine thanked Ms. Feser and her staff for putting this program together.
Having a rec leader person on one side of the computer screen and a teacher on the other side will be
beneficial to families. As a parent who relied heavily on childcare services, she always looked for
maximum hours so she was pleased by the program's hours. With regard to the budget, she looked
forward to having more information when it gets closer to the budget season.
Councilmember L. Johnson commended Ms. Feser and her department for their dedication in creating this
innovative program to meet community needs, providing safe and affordable day camp, and serving
parents who cannot work from home. After the Council has their questions answered, she will make a
motion for approval. With regard to additional funding of fee waivers, she asked whether it would be
appropriate to direct staff to come back next week with more information on CARES funding, what might
need to change to allow CARES funding to be used, and updated information on potential funding
sources. Ms. Feser that timing would be tight as it would provide only two days to put information
together to be included in the packet. The challenge is not knowing the balance in the City's CARES fund
and that will not be available within two days. The urgency tonight is approval of the job description. She
was more than happy to return in two weeks with more information about the fee waiver program and
funding sources.
With regard to fee waivers, Councilmember Olson said schools not opening is definitely a COVID impact
and there may be families who were doing okay up until they experienced the additional expense of
daycare that was not previously needed. She anticipated there would be more people seeking personal
CARES grants than there were previously. She reiterated Councilmember K. Johnson's point last week
that with the small number of children the City's program can accommodate, it is a just a piece of the pie.
She suggested the Council allow CARES funds to be used for this program or any other daycare. She was
impressed with the number of possible funding sources that had been identified.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
PAINE, TO APPROVE THE TWO JOB DESCRIPTIONS, RECREATION LEADER II AND
RECREATION LEADER - GENERAL (REVISED) IN ORDER FOR THE PARKS, RECREATION
AND CULTURAL SERVICES DEPARTMENT TO IMPLEMENT A NEW PROGRAM..
Edmonds City Council Approved Minutes
September 1, 2020
Page 19
Councilmember Olson suggested adding a preference for bilingualism, particularly the languages most
often needed in ESD. Ms. Feser agreed she would include that.
MOTION CARRIED UNANIMOUSLY.
Mayor Pro Tem Fraley-Monillas declared a brief recess
3. RECONSIDERATION FROM LAST WEEK'S MEETING REGARDING
SUBCOMMITTEE FORMATION, -FORMED BY CITY COUNCIL RATI-JER THAN
COUNCIL PRESIDENT
COUNCIL PRESIDENT PRO TEM PAINE MOVED, SECONDED BY COUNCILMEMBER L.
JOHNSON, TO RECONSIDER THE SUBCOMMITTEE FORMATION AND THE SELECTION
OF ITS MEMBERS.
Council President Pro Tem Paine said after a lot of consideration, she has decided to change her vote as
she believed the Council should adhere to the normal process.
Councilmember Olson said she thought the way the vote went last time was very positive as was an
outcome that would affect the democratic process and having the Council decide the members would
ensuring there was a cross section of Councilmembers on the committee.
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.
City Attorney Jeff Taraday said although he was personally of the opinion that a motion to reconsider was
not proper, the intent of the motion was very clear, to undo last week's action. Last week's action has now
been undone and there is no motion on the floor regarding what to do next with regard to a subcommittee.
Councilmember Buckshnis raised a point of order, the agenda item was for reconsideration which has
been done and not regarding the committee formation.
Council President Pro Tem Paine raised a point of order, at the last meeting the Council made a decision
regarding a subcommittee and that is still the decision of the Council.
Mayor Pro Tem Fraley-Monillas raised a point of clarification, the Council voted previously to form a
committee. Council President Pro Tem Paine clarified her motion was to reconsider who decided who
would be on the subcommittee and its configuration. The Council already determined it would form a
subcommittee.
Councilmember Buckshnis said she hoped to see this on next week's agenda.
Mayor Pro Tem Fraley-Monillas advised this would be on the agenda for further discussion in two weeks
as next week is committee night.
10. STUDY ITEMS
TREE REGULATIONS CODE PROCESS UPDATE
Edmonds City Council Approved Minutes
September 1, 2020
Page 20
Development Services Director Shane Hope explained there had been a lot of process related to tree
regulations and staff had been waiting to do more until after the Urban Forest Management Plan (UFMP)
was adopted. That has been accomplished and staff has been gathering information to move forward. Mr.
Lien will provide a brief overview of the process and topics, but the details still need to be worked out.
The process will include the Planning Board, consultation with Tree Board, as well as a public process.
Environmental Program Manager Kernen Lien explained the tree code has been in the works for a number
of years. Once the UFMP was adopted, the tree code update began. Late last year and early this year, the
City considered hiring a half-time code writer but that has not been done for various reasons including
COVID. The packet includes a matrix with broad topics of discussion that were identified via comments
from the Council, the public and during the UFMP process. All code updates go through the Planning
Board; the Planning Board will get into the details, hold a public hearing, consult with the Tree Board,
and provide a recommendation to the City Council.
Mr. Lien explained the topics in the matrix are generally in priority order. He anticipated draft code with a
Planning Board recommendation would be provided to City Council by the end of the year, likely in
pieces due to priorities. One of the priorities is tree retention with development; the way to accomplish
that is with low impact development and providing flexibility that results in more tree retention when
properties are redeveloped. Another high priority is a tree fund that could be used to provide tree vouchers
to property owners for tree planting, funded through tree cutting violations, trees cut during development,
or other means. The intent is to develop code provisions related to incentives for retaining trees during
development as well as in general such as was mentioned by the Tree Board in the "Before You Pick Up a
Chainsaw" brochure. Some incentives identified in the UFMP include property tax rebates, stormwater
fees, utility reductions, or other financial incentives.
Mr. Lien explained there are several other specific details that need to be addressed in the update such as
tree definitions; other cities have definitions for significant trees, heritage trees, protected trees, etc.
Another issue is permitting processes, tree cutting on single family property is largely exempt but
occasionally a permit is required such as if there are critical areas or it is a large developable property.
There are two different processes for single family properties versus multifamily properties and some
disparity in the process and fees. For example if a single family parcel is not exempt, it is a Type II which
has a $1,000 application fee. A commercial or multifamily site is a Type I decision which has a $350
application fee. The penalties and fines would also be considered as well as the location of the tree code
in the regulations. The topic matrix provides more details. The Planning Board will be provided an
overview next Wednesday and begin reviewing draft code by October.
Councilmember Buckshnis thanked Mr. Lien for sharing the old code with the Tree Board which helped a
lot. She expressed interest in moving forward codes related to development and subcategories like low
impact development forward, noting the schedule was very ambitious. She asked if that would impact the
Housing Commission and whether the process needed to wait for them to finish. Ms. Hope said her intent
was to move forward because tree regulations have been a big issue for a long time. If the Housing
Commission identifies something that will affect this, it can be addressed in 2021. Important work has
begun and citizens are interested in getting something done, beginning with tree retention requirements
and low impact development options.
Councilmember Distelhorst appreciated the broad matrix. He referred to reports from other communities
in the Puget Sound region regarding heat islands and the role that a lack of trees plays in the development
of heat islands and how they are disproportionately in lower income housing areas. He asked if that could
be taken into account to ensure there is tree coverage throughout the City. Ms. Hope said that is primarily
related to bigger cities whether there is a lot of pavement and less relevant to cities like Edmonds as a
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September 1, 2020
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distinguishing characteristic, but that would be kept in mind. Councilmember Distelhorst said that would
be beneficial as some neighborhoods and Highway 99 get more developed.
Councilmember Olson said the matrix made it easy for Councilmembers to understand staffs thought
processes and priorities. Having been on the Tree Board, she agreed with stormwater utility fee reduction.
With regard to low impact development, she and other Councilmembers noticed during the agenda item to
set a public hearing for a street vacation how many trees were on that lot. She recalled staff mentioned
there were critical areas on the site and tree retention requirements that may be in excess of what is
typical. With regard to a tree fund, the matrix stated it could be used for other tree related activities; she
preferred the tree fund only be used to incentivize tree planting. If someone was paying into the tree fund
because they were removing trees, the funds should be use to replace trees. She would prefer that, even it
was outside the City, to using the funds for education. She encouraged staff to offer a consultation with
the City Arborist on tree vouchers to assist with right tree right place.
Council President Pro Tem Paine expressed appreciation for the matrix, commenting it was exciting to
see what is being proposed for the tree code. She encouraged the retention of large trees whenever
possible, particularly in multifamily and commercial areas where housing is more affordable and there are
not as many parks. Any green spaces that include trees and nature would be helpful for the community
and the families growing up there.
Councilmember Buckshnis observed the tree canopy is not part of the tree code but the tree code will help
the tree canopy. She asked why the tree canopy assessment is done every ten years instead of every five
years. Ms. Hope recalled that was addressed in the UFMP. The reason is partially related to money; the
canopy assessment costs money and staff time so a ten-year window is more reasonable. If money and
staff resources were no object, it could be done every five years. The focus now needs to be on getting a
tree code adopted. Councilmember Buckshnis suggested after the tree code is adopted, a tree canopy
assessment be done sooner rather than later due to the number of developments that have occurred since
2015. She was aware of at least seven that had decimated large trees. It would be important to have an
accurate analysis now that the UFMP has been adopted and once the tree code is adopted.
11. MAYOR'S COMMENTS
Mayor Pro Tem Fraley-Monillas relayed Mayor Nelson is out of town for family personal business and
was expected to return at the end of the week. She relayed a discussion with Councilmember Olson about
the inability to have Council reports on outside boards and committee due to lengthy Council meetings.
She suggested Councilmembers submit written reports that could be included in the packet for
Councilmembers and the public to read which is what the Snohomish Health District does. She invited
Council input; Councilmembers Distelhorst, Olson and Paine indicated their support for that idea.
Councilmember Buckshnis commented many outside boards and committees have not met recently.
Mayor Pro Tem Fraley-Monillas said some Councilmembers have had a lot of outside board and
committee meetings and some have not.
-Councilmember Pro Tem Paine suggested it would-be important to have written reports,
Councilmember Buckshnis suggested attaching the meeting minutes. Mayor Pro Tem Fraley-Monillas
suggested Councilmembers write a summary or submit the minutes for inclusion in the packet.
Councilmember Olson suggested leaving it up to Councilmembers to decide whether to write a report or
to attach the minutes.
Edmonds City Council Approved Minutes
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Councilmember L. Johnson supported attaching the minutes as they provide more thorough information
and would provide more resources in the packet for citizens.
Councilmember Distelhorst agreed with allowing Councilmembers to decide whether to provide a
summary report or attach minute, noting one of the outside boards he is on doesn't do minutes until a
month after the meeting.
It was agreed Councilmembers would submit a brief written report or the meeting minutes.
12. COUNCIL COMMENTS
Council President Pro Tern Paine reported she attended a Port of Edmonds meeting yesterday. The Port is
very curious about economic development and what is occurring in the downtown core as it dramatically
affects them. She encouraged everyone to have a good week and wear to their masks.
With regard to COVID-19, Councilmember Olson said she read in an official source that individuals in
younger age groups (teens to early 20s) who vape are five times more likely to get COVID-19 compared
to their peers. Vaping is more or less an epidemic in the Edmonds School District. Kids shouldn't vape
because it is unknown if the increase is behavioral such as sharing equipment or a biological or
anatomical change to the lungs as a result of vaping.
With regard to the topic of suicide prevention, Councilmember Olson encouraged everyone during this
difficult time due to the pandemic and social unrest to make point of reaching out to friends or family
they haven't talked to in a while. On the flip side of social unrest, everyone has made a mistake and it is
important to be kind to people when they make mistake and bring them along in ways that aren't bullying
or unkind. She asked people to reach out and be part of the community.
Councilmember K. Johnson recalled the Council received a presentation last week on the 4"' Avenue
Cultural Corridor. Only about 35 people participated including staff, half were residents in the corridor
and half were not. The intent is to bring a preferred alternative to Council in a couple weeks. She
encouraged everyone to visit the City's website to learn more about the 4"' Avenue Cultural Corridor and
participate in the online survey. The survey is primarily related to sidewalk width and the tradeoff with
parking, and one-way versus two-way.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO EXTEND FOR THREE MINUTES. MOTION CARRIED UNANIMOUSLY.
Councilmember L. Johnson thanked Councilmember Distelhorst for his dedication and creative planning
in recognizing Suicide Prevention Month and organizing three community events. She expressed her
appreciation for Councilmember Distelhorst working with the Youth Commission to ensure their voices
were heard in the process. She was impressed with the depth of their questions and the quality of their
contribution. It was an impressive collaboration with many community partners working together to serve
citizens and to raise awareness on suicide prevention and work toward destigmatizing mental health. It is
a difficult subject and she looked forward to participating and learning more and promised to wear her pin
next week. She urged everyone to stay safe, wear masks and do your part to help our community.
Councilmember Buckshnis thanked Councilmember Distellorst. She agreed with taking more action with
kindness. She agreed the Council needed an update on downtown, on the community fund, regarding the
homeless in the community, on financial statements, on the police chief who has been working two jobs
since January, and the finance director who has been working two jobs since March/April when Mr.
James was fired. The Council needs to ask these questions of the administration because citizens are
concerned, are asking questions and are anxious. If the information is not available, it needs to be
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obtained. She urged everyone to practice calmness as well as provide information because a lot of people
are asking questions.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L.
JOHNSON, TO EXTEND FOR FOUR MINUTES. MOTION CARRIED UNANIMOUSLY.
Councilmember Distelhorst thanked the youth and other community members who continue to be strong
voices for antiracism and justice in the community. He thanked the Council, staff and all the partners for
the suicide prevention work, everyone he asked said yes which he found very touching. He urged the
public to visit the WeCare.Edmondswa.gov website.
Mayor Pro Tern Fraley-Monillas reported she attended the student Black Lives Matter rally and was very
impressed it has been organized by young people in the community. It was very safe and well organized;
she walked with Representative Strom Peterson and his wife.
Mayor Pro Tern Fraley-Monillas said she had not received a pin. With regard to Councilmember
Buckshnis' comment, Mayor Pro Tem Fraley-Monillas said we don't know that Mr. James has been fired,
he has left the City and she did not believe a termination was involved.
13. ADJOURN
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
PAINE, TO ADJOURN. MOTION CARRIED UNANIMOUSLY.
The Council meeting was adjourned at 10:05 p.m.
MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK
Edmonds City Council Approved Minutes
September 1, 2020
Page 24
obtained. She urged everyone to practice calmness as well as provide information because a lot of people
are asking questions.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L.
JOHNSON, TO EXTEND FOR FOUR MINUTES. MOTION CARRIED UNANIMOUSLY.
Councilmember Distelhorst thanked the youth and other community members who continue to be strong
voices for antiracism and justice in the community. He thanked the Council, staff and all the partners for
the suicide prevention work, everyone lie asked said yes which he found very touching. He urged the
public to visit the WeCare.Edmondswa.gov website.
Mayor Pro Tem Fraley-Monillas reported she attended the student Black Lives Matter rally and was very
impressed it has been organized by young people in the community. It was very safe and well organized;
she walked with Representative Strom Peterson and his wife.
Mayor Pro Tem Fraley-Monillas said she had not received a pin. With regard to Councilmember
Buckshnis' comment, Mayor Pro Tem Fraley -Mon il[as said we don't know that Mr. James has been fired,
he has left the City and she did not believe a termination was involved.
0. ADJOURN
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
PAINE, TO ADJOURN. MOTION CARRIED UNANIMOUSLY,
The Council meeting was adjourned at 10:05 p.m.
M AEL NELSON, MAYOR
4COTT
Edmonds City Council Approved Minutes
September 1, 2020
Page 24
Public Comment for 9/1/20 City Council Meeting:
From: Ken Reidy
Sent: Tuesday, September 1, 2020 5:41 AM
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>; Hope,
Shane <Shane.Hope @edmondswa.gov>
Subject: Public Comments for September 1, 2020 City Council meeting -remember all persons attending
the meeting must be able to hear each other at the same time
Regarding Code Enforcement, history shows that Edmonds City Government has long allowed Selective
Enforcement, Different Rules for Different People. Failure executing the basic task of Code
Enforcement along with no accountability for such failure, greatly impairs citizen trust in Edmonds City
Government.
Per RCW 35A.12.100 and ECC 2.10.010, the Mayor SHALL see that all laws and ordinances are faithfully
enforced, and that law and order is maintained in the City. What authorizes the Mayor or his staff to
"prioritize" enforcement of our laws and ordinances?
Development Services Director Shane Hope represented to City Council on August 24, 2020 that City
Staff must make choices about how to best prioritize enforcement of the Edmonds Community
Development Code. She stated that "Generally, a top priority for the City is dealing with any imminent
safety or health issue per the City code".
What Code Section authorizes City Staff to make "choices"? Allowing "choices" enables Selective
Enforcement.
On September 16, 2010, over a year after the City had expended significant resources alleging Code
Violations (that did not involve safety or health issues), Steve Bernheim asked Scott Snyder and Kernen
Lien what is the difference between the Straub's cose(attached) and Ken Reidy's case
regarding the applicability of the city's grandfather clause for nonconforming structures?
Snyder's response was his famous September 16, 2010 email to Bernheim that included the following:
"You are also aware of the liability issues relative to Thuesen that forced the city (administration)
to push the issue."
History suggests that Edmonds City Government thinks Code Enforcement is a tool that can be used to
push an issue when the City Attorney thinks the City might be exposed to liability issues. I hope all
can see the danger of allowing Code Enforcement to be arbitrary and capricious.
In the Reidy case, the City knew that Reidy's setbacks could be grandfathered if a letter from a
neighbor stated the building was there prior to 1981. Staff and City Attorney chose to keep what they
knew secret. Reidy found the law and proved that my building had been in existence prior to 1981.
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Snyder represented to Hearing Examiner Sharon Rice that the Grandfathering Law did not apply to
Reidy's structure. The City CHOSE to not provide Rice the attached notes which show the City had
discussed applying the Grandfathering Law to my structure.
Hopefully, all can see how dangerous the tool of Code Enforcement can be if the Mayor, City Attorney
and City Staff are allowed to practice Selective Enforcement. Best to keep it simple and follow State
and City laws that say the Mayor SHALL see that all laws and ordinances are faithfully enforced, and that
law and order is maintained in the City.
From: Michael Murdock
Sent: Friday, August 28, 2020 2:37 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Fwd: Downtown
Begin forwarded message:
From: Michael Murdock
Date: August 24, 2020 at 3:44:53 PM PDT
To: Council <council @edmondswa.gov>
Subject: Downtown
Good Afternoon,
I walked the streets today and talked to some merchants and will continue talking to more. I suggest
you please do the same. I know a couple of you have already, one person mentioned it. I suggest you
start with Sound Styles, Savy Traveler and Saetia. They say that the Mayor and Doherty never respond or
listen. All they ask for is some consideration and common ground. Their businesses are suffering. I am
not sure these structures are even safe with virtually no protection from cars. Cars can slam right into
them easily from the side.
I found their stories very sad and sure I will find more. They appreciate that someone even asks or cares.
I find that sad as well.
This sight and response from some merchants is not the Edmonds I have come to know.
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