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Cmd030921EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES March 9, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Jessica Neill Hoyson, HR Director Shannon Burley, Deputy Parks & Recreation Dir. Kernen Lien, Environmental Programs Mgr. Frances Chapin, Arts & Culture Program Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember K. Johnson read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 3. PRESENTATION 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND THE AGENDA TO ADD "COUNCILMEMBER REIMBURSEMENT CLAIM" AS NEW BUSINESS ITEM 8.3. Edmonds City Council Approved Minutes March 9, 2021 Page I Councilmember Buckshnis explained this was on the Finance Committee agenda last month and the committee recommended it go to full Council. It was not scheduled on the Council agenda so it was suggested she request it be added via this method. Councilmember Distelhorst asked if could be scheduled as Item 9.3 because there was an hour of Unfinished Business that people want to get to. Council President Paine suggested since this item came to the Finance Committee last month, it was appropriate to place it on the agenda as Unfinished Business Item 9.3. Councilmember K. Johnson said this was actually New Business before the full Council even though it went to committee. She supported the motion. Councilmember Buckshnis explained the reason she made the motion to put it on the agenda as Item 8.3 was the Council would likely not get to it if it was Item 9.3. It will not take much time and it is New Business. It came to committee for transparency reasons and to avoid creating a rolling quorum. She questioned why it was not considered New Business. Councilmember Fraley-Monillas agreed it would be New Business. She denied the reimbursement when she was Council President and it had been denied by Council President Paine. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER FRALEY-MONILLAS VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments, Valerie Stewart, Edmonds, an Edmonds resident for 30+ years and now living in Port Townsend, commented she knew many Councilmember from the Planning Board and other committees related to the climate, backyard habitat, green resource center, rain gardens, starting Students Saving Salmon and as a Beach Ranger Naturalist. She has a lot of background in the environment and pays close attention to environmental issues. She recalled when the tree code was presented to the Planning Board many years ago, it was very challenging then and was still challenging today. Many years have passed and many trees have been cut down and it is time to head that off before more habitat is lost. She referred to potential ecosystem loss, commenting this was not just about one tree here or there, what really matters is the layering under the trees, the understory shrubs, the herbaceous level at the ground, smaller trees, what's in the dirt including microbes, fungi and root connections that create a community for diverse wildlife; all that is lost when a tree is cut down. She hoped somewhere in the code there would be a definition of native wildlife habitat and what that means and incorporate that when evaluating the tree inventory. More should be taken into consideration during the tree inventory including what's underneath the trees and what it supports and the City should have an expert to support staff in that effort. Her biggest concern is undeveloped land because that is where the most ecosystems are lost. She hoped during the Council's deliberations they would take into consideration the importance of protecting ecosystems and to make building positioning more flexible as side setbacks do not always work. (Written comments submitted to Pub]icComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes March 9, 2021 Page 2 COUNCILMEMBER FRALEY-MONILLAS, MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 2, 2021 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 8. NEW BUSINESS 1. YOUTH COMMISSION PRESENTATION -PRONOUNS Deputy Parks, Recreation and Cultural Services Director Shannon Burley explained the Youth Commission's mission is to protect, preserve, and enhance the quality of life for Edmonds youth by advising City Council and the public on issues relating to youth policies, programs, and opportunities. Tonight's presentation is in direct alignment with their mission. Members of the Youth Commission's Diversity Committee introduced themselves and identified the personal pronouns they use: Owen Lee (he/him), Sydney Pearson (she/her), Grace Kamila (she/her), Aaron Nateephaisan (he/him), and Finn Paynich (they/them). Tonight's presentation will be to discuss with Council the inclusion of personal pronouns in their email signature, Zoom name, and biographies. Owen Lee commented in the Eurocentric society we live in, there is not a lot of understanding of gender and pronoun inclusion. However, as society has evolved, there have been changing views about gender and growing acceptance of the idea that gender is a social construct as opposed to a scientific fact. With that new understanding, it is no longer acceptable to assume that somebody's gender identity matches their appearance or can be assumed from their appearance. For a city that works to be as inclusive as Edmonds, a really important step is recognizing the need to view people's pronouns and to include pronouns in things like Zoom meeting names. Finn Paynich reviewed some important vocabulary; being transgender or trans is when a person's gender does not match their biological sex. They may feel extreme discomfort when referred to as a member of their biological sex or feel that their body doesn't match who they are. These feelings can be described as dysphoria. Dysphoria means the anxiety a trans person feels surrounding their body or gender. A person can have body dysphoria which relates to their body, or gender dysphoria which has to do with their gender. Another term is biological sex; this is what is written on a person's birth certificate or what happened to a person's body during puberty. It is entirely related to what a person's body looks like and not how they identify. Gender is different from biological sex; gender is a made up concept and is not determined by what someone looks like or who they are attracted to. Finn Paynich explained another new word is misgendering; to misgender someone is to call them the wrong gender by using the wrong pronouns or using titles like sir when the person would rather be called ma'am. Pronouns are the words used to refer to someone such as she, he, they, or whatever a person chooses. Using the correct pronouns for someone is pretty easy and feels very validating to the person you are talking about. Cisgender or cis simply means a person who isn't trans. Non -binary is an umbrella term that describes anyone who isn't male or female. Some people identify as both male and female or neither or some people do not even have a gender. It is a very fluid and diverse concept. Grace Kamilla explained it is important to understand complexities of gender in day-to-day life and how important gender identity is to people. Misgendering can suppress people's true selves and lead to issues like gender dysphoria, isolation, stigma, depression, lower self-esteem and many other things like Finn Edmonds City Council Approved Minutes March 9, 2021 Page 3 mentioned. Transgender, non -binary and gender -fluid people already suffer disproportionate rates of homelessness and are at a higher risk of violence. Those who are misgendered more often suffer worse rates of anxiety, depression, suicidal thoughts and are four times as likely as cisgender individuals to experience a mental health condition according to the National Alliance of Mental Illness. In addition, a study done by the American Psychological Association reported that misgendering was correlated with higher feelings of stigma and had a positive association with depression. With all that said, you can see how crucial it is to take the time to practice someone's pronouns in order to show respect towards the trans, non -binary and gender -fluid community and prevent the damage and harm that can come from misgendering people. Edmonds as a city needs to encourage all people to learn about this issue for themselves and reinforce the mission to be an inclusive place for all. Sydney Pearson explained their main goal is to ensure that Edmonds continues to be inclusive place for all different identities. It is important to foster a welcoming community for everyone and as has been explained in this presentation, the normalization of making pronouns visible helps to do this. It creates a safer environment for people who go by pronouns other than the sex they were assigned at birth and stops people from assuming one's gender. Creating a welcoming environment for non -binary and transgender individuals allows them to fully represent themselves when dealing with city -related matters. Including pronouns will also help prevent the misgendering of individuals which, as Grace explained, is very important. Aaron Nateephaisan relayed an implementation plan is outlined in the recommendation to the Mayor and the Mayor sent this recommendation to all City staff members. Recommending these changes to all City bodies requires support from the City Council. He recognized there is a major issue when people are unaware of how to display their pronouns; therefore, tutorials have been created for different devices, making it simpler to have pronouns presented. The request is to have people's pronouns included in their City biographies and it is also recommended that this change be made during the update of the City's website. With regard to the potential negative effects of this plan on the City, Finn Paynich advised that there are none. All this does is create a more inclusive environment in Edmonds and encourages citizens to learn about LGBTQIA+ identities and issues. Sydney Pearson explained based on the Youth Commission Diversity Commission recommendation, they will be adding relevant resources to the Edmonds Youth Commission page on the City's website. Councilmember Fraley-Monillas commented she has been using pronouns for quite a while because it respects those living among us and listing one's personal pronouns is important. She thanked the Youth Commission for all they do. Councilmember Distelhorst thanked Youth Commission members for bringing this forward to the City and to the City Council. He saw this presentation last week at the Diversity Commission retreat and appreciated the Youth Commission taking their feedback into account in developing resources to allow staff, Councilmembers and others to learn how to update and display their pronouns and create a more inclusive environment. Councilmember L. Johnson commented this was an excellent and very informative presentation. She commended the Youth Commissioners for taking an active role in promoting inclusivity within Edmonds. Their perspectives and experiences are unique from a lot of adults and all can benefit from listing to them including the recommendation to use personal pronouns. She appreciated the resources provided, noting she finally learned how to permanently add her personal pronouns to her name. Council President Paine thanked the Youth Commission for the presentation and asked about tips and pointers for people who aren't as accustomed to using pronouns such as what to expect when misusing a Edmonds City Council Approved Minutes March 9, 2021 Page 4 pronoun. She assumed an immediate switch of pronoun and a fast apology. Finn Paynich answered as a person using they/them pronouns, they has had to correct people. A person who has corrected someone wants to hear an immediate switch to their preferred pronoun and not have the person make a huge deal out of apologizing. Apologizing puts the person on the spot, but a quick I'm sorry and switch to the preferred pronoun makes them feel supported but not othered. Councilmember Olson thanked the Youth Commission for the presentation, not only for the Council but also the public watching the meeting as this is a topic a lot of adults have not been exposed to. She was a little blown away by a statistic regarding how many cultures around the world recognize a lot of different genders; learning that was a tectonic shift in her thinking about this. She appreciated the Youth Commission bringing this message to more people and to the Council in particular. Councilmember Buckshnis thanked the Youth Commission for their presentation, commenting the best statement in the presentation was there is no negative impact. Everyone has learning moments, some people have archaic thinking. She has added her preferred pronoun on her phone. 2. 4TH AVENUE CULTURAL CORRIDOR PUBLIC PROCESS Economic Development/Community Services Director Patrick Doherty explained the 4"' Avenue Cultural Corridor has been a concept -level project envisioned since 2004. It was also the keystone capital project included in the City's application for Creative District designation. He reviewed: • In 2020 staff worked with CREA AFFILIATES on concepts and public process o Considerations: • What is Edmonds Cultural Corridor? • What is special about the location? • How did it come to be? • Creating a special place • Considerations for Schematic Design —roadway and public spaces The City of Edmonds... o Celebrates ■ A seaside ambiance • Appealing small-town quality • A walkable downtown ■ An active art community o Showcases year-round events ■ Community sense of pride and involvement in the arts o Certified as the State's first Creative District o Civic commitment to arts and culture • Integrates artwork into the "fabric" of public spaces Goals o Draw pedestrians between the ECA and downtown businesses. o Transform a unique street into a walkable arts destination. o Establish a new community gathering place. o Provide a visible and accessible space to display temporary art and host related activities. Objectives o Connect the Edmonds Center for the Arts with Main Street through an enhanced and unique pedestrian connection. o Welcome mixed -use development with upper story residential uses. o Accommodate a variety of cultural events and exhibits that will attract visitors and stimulate economic development. Cultural Corridor Concept o Celebrates the variety in arts and culture in the Edmonds community. Edmonds City Council Approved Minutes March 9, 2021 Page 5 o Establishes a unique and memorable sense of place. o Includes permanent and temporary cultural features and events. o Supports key goals of Edmonds Creative District o Draws residents and visitors to the downtown area. Arts and Culture o Transform the commonplace into surprising moments. o Bring mystery and magic to a streetscape experience. o Create a memorable experience. o Strengthen community. Connecting Anchors o Uninterrupted views between the ECA and downtown. o A block from City Hall, the Public Safety Complex and Civic Park. o Intersects with major paths between the waterfront and civic facilities. Why 4"' Avenue? o Characteristics ■ A quiet street. • Historic buildings. ■ Less than an average 350 cars/ day in either direction at Main Street. R Few driveways onto 4th. ■ Secondary access through rear alleys. ■ Artwork references community history Arts & Culture Program Manager Frances Chapin reviewed: • Timeline o 2004-05: Planning Board identifies Arts Corridor on 4"' which leads to a creation of BD5 zoning 0 2006: Parks, Recreation and Cultural Services Department updates the Streetscape Plan, adding the 4"' Avenue Corridor Concept Plan 0 2007-09: Parks, Recreation and Cultural Service Department gets 0 50,000 from the National Park Service's Preserve America for 4th Avenue Cultural Corridor Implementation & Funding Plan. 0 2014: Parks, Recreation and Cultural Services updates Community Cultural Plan that prioritizes interim steps to implement the 4tli Ave Cultural Corridor Plan. 0 2016: Project funded by ECA and Edmonds Arts Festival Foundation "Luminous Forest" by artist Iole Alessandrini 0 2016: Western Washington University and Association of WA Cities on Sustainable Cities Partnership develop four potential public relations campaigns 0 2018: Community identifies completion of 4thAvenue Cultural Corridor as goal in 5 year work plan as a part of its Creative District designation. 0 2019: Parks, Recreation & Cultural Services contracts for a site survey and a consultant to facilitate development of a feasible project concept. Meetings held with ECDAC and the public. 0 2020: A tentative conceptual design is developed and tied to cost estimates. Through public input schematic design direction was identified. Drawings of earlier concepts in 2005-06 and 2007-09 Recurring themes from public input o Art reflecting both ends of corridor. o Sequential discovery of art elements. o Elements that are approachable and interactive. o Space for cultural events. o Space for street artists. o Pocket park at Sprague. Edmonds City Council Approved Minutes March 9, 2021 Page 6 o Encourage artist studio store fronts. o Outdoor cafe seating areas BD-5 Zoning o Ground floor with commercial space o Shall be oriented to 4th Avenue o At least one building entry shall face 4th Avenue o Architectural details and/or applied art shall be incorporated o If structure is set back from the street, it shall have landscaping and/or artwork o Live/work uses are encouraged within the BD5 zone Project limits have not changed since 2006. o Most recent work focused on middle section of corridor and ways of identifying phases and what would be feasible to do initially to transform the public right-of-way . • Over the years o New downtown public restrooms. o Art elements that reflect history, like "The Stages of History" walking tour. o New Cascadia Art Museum. o Downtown Murals project. o Creative District designation by ARTSWA. Mr. Doherty described: Creating a Special Place 2020 Concept • Proposed Phasing: Three blocks (Main to Daley) will be: o Rebuilt and recreated for pedestrian -oriented design o Recast for temporary and permanent art installations o Rebranded to allow for complementary activities in the public realm • Activity Zone o Main to Edmonds Streets ■ Will be designed for active uses - Single event or short period of times ■ Will host permanent and temporary exhibits - Sculpture, painting, poetry, light art ■ May hold events - Puppet shows and music to street plays and dance ■ Tie into utility improvements at Main Street intersection. • Enhance Bell and Edmonds Street intersections. ■ Create a pedestrian oriented experience. Allow for flexibility in display and safe walking during events. ■ Allocate space for permanent and temporary art and events. ■ Create places to convene. ■ Plan for occasional displays and performances in roadway by closing to vehicular traffic. • Illustrations/Renderings of before and after enhancement and during a street closure o Main Street Intersection o Bell Street Intersection o Edmonds Street Intersection Passive Zone o Edmonds to Daley Streets ■ Will be designed for passive use - Walking dog, people watching, pocket park at Sprague ■ Will include new landscaping - Green infrastructure at Edmonds street intersection ■ Could host short-term exhibits on sidewalks - Sculpture, painting, poetry, light art Edmonds City Council Approved Minutes March 9, 2021 Page 7 ■ Will transition from 3`d Avenue entry - A new boulevard and entry plaza at Daley could be developed in partnership with the ECA ■ For this block - Enhance intersections. - Retain street profile. - Explore a tree -lined boulevard along the west sidewalk. - Create a pocket park at Sprague Street. - Develop places to rest and talk. - Recreate surface light art in this section. Mr. Doherty reviewed in spirational/aspi rational images: • Activating Space o Safe walking surfaces o Paving o Mini seasonal fairs o Street artists o Motion art o Street games o Occasional exhibits o Storytelling o Seating • Color in Space o Bollards o Lighting o Markers o Plants o Crosswalks o Painted intersections o Sculptures • Temporary Art • Passive Art o Benches as art o Lighting o Daydreaming o Walking o Paving o Art as landscape o Infrastructure art o Light in the landscape Mr. Doherty reviewed: Considerations for Schematic Design • Phase 1 - How do we get there? o Main to Edmonds • How do we create an art -infused safe and inviting pedestrian connection? ■ With limited right-of-way how can we provide more space for people and art? ■ What option(s) would you choose for reshaping 4thAvenue's public right-of-way? ■ How can we carve out a space that adjusts to unique site conditions? o Diagram of existing street Main to Bell • Features - 50' right-of-way Edmonds City Council Approved Minutes March 9, 2021 Page 8 - 36' improved as roadway - 7' sidewalks on either side - Two-way travel lanes. - Parking on both sides. - Few amenities, landscaping or artwork o Diagram of existing street Bell to Edmonds ■ Features - Wider right-of-way - 60'. - Narrower roadway - 30' within 43' total improved width - 6.5' sidewalks on both sides. - Old, narrow, cracked sidewalks. - Two-way travel - 16-foot lanes - Parking on both sides. - Few amenities, landscaping, lighting or artwork - Area perceived/maintained as front yards actual City right-of-way o Diagram of Bell to Edmonds Built to Standards (not proposed) ■ Features - 56' street width - 10' sidewalks, - 36' roadway with 22' travel lane and parking on both sides. - Area perceived/maintained as front yards would be used ■ Considerations o Need a minimum of 8' for an inviting and comfortable pedestrian experience. o Need a minimum of an additional 4' for art, displays and activities. o Maintain vehicular access per fire safety standards. o Retain parking (on one or both sides). o Width of public sidewalk can vary to accommodate individual site conditions. o Art space beyond sidewalks can be overseen by adjacent properties. • Roadway Options for existing street between Bell and Edmonds Streets o Two -Way Travel, One Lane Parking ■ Slightly wider sidewalks ■ Some space for amenities, landscaping and artwork o One -Way Travel, Two Lane Parking ■ Roadway and sidewalk widths unchanged. ■ Art and seating space in perimeter greenspace overseen by private property owners. o Narrow Roadway ■ Roadway narrowed by 8.' ■ No parking between Bell and Edmonds Streets. • Same traffic flow. ■ Wider sidewalks for seating, lighting and art. ■ Additional art and seating space in perimeter greenspace overseen by private property owners. o One -Way Back -In ■ Roadway widened by 3.' ■ One-way traffic flow north of Bell Street to Edmonds Street. • Similar number of parking between Bell and Edmonds Streets. ■ Narrower sidewalks do not allow for seating, lighting and art. ■ Additional art and seating space in perimeter greenspace overseen by private property owners. Mr. Doherty reviewed: Edmonds City Council Approved Minutes March 9, 2021 Page 9 Focus on Pedestrian Realm - options for creatin.g a pedestrian realm for art activities and -a g enerous space for welkin ■ New Edge o One sidewalk is widened by 9'. o Wider sidewalk allows for art, seating and pedestrian lighting. o The other sidewalk does not allow for pedestrian lighting. o Art and seating space for the narrow sidewalk is in the perimeter greenspace that will be overseen by private property owners. s Landscaped Walks o Both sidewalks are widened for 3-4 people and pedestrian lighting but not enough to accommodate art or seating. o A landscaped strip separates the sidewalk from the roadway and can hold pedestrian lighting and art / seating. o Additional art and seating space is in the perimeter greenspace that will be overseen by private property owners. • Wide Edges o Both sidewalks are widened for art/seating and pedestrian lighting. o Additional art and seating space is also available in the perimeter greenspace that will be overseen by adjacent property owners. • Full Buildout o Both sidewalks are widened for maximum art/seating and pedestrian lighting o Potential for mid -block landscaped areas and planters • Public Preferences o Virtual Open House held 8/24/20 o Online Survey 8/25-9/26/20 0 214 responses received (32 during Open House; 182 from survey) ■ Pedestrian Safety and Amenities are a Priority - Safety of walking surfaces - Wider walking areas - Added seating - Unique lighting - Trees and plantings - Art elements like colorful crosswalks - Permanent sculpture - Occasional exhibits - Opportunity for mini seasonal fairs ■ Preferences for Street Cross -Section and Sidewalk Treatment - The preferred option for future schematic design is the One-way Two -Parking Alternative with a focus on enhancing the pedestrian realm. This could be accompanied by new seating, adding color and unique lighting to the street, as well as making sure that the entire public space can host occasional or permanent exhibits, sculptures and events. - This option maintains parking while enhancing walkability, including artistic treatment and allowing for gatherings. Depending on location, improving portions of the right-of-way where encroachment exists would occur on a case -by -case basis and in close coordination with the property owners. • Next Steps o Council may wish to adopt the publicly preferred concept and design preferences o This will inform schematic design development in the future o Schematic design development will also involve public input and Council review Edmonds City Council Approved Minutes March 9, 2021 Page 10 Councilmember Buckshnis commented there are many cities with something like a 4"' Avenue Corridor such as Copenhagen; Portland, Oregon; etc. She asked if estimated costs have been calculated. She personally preferred no traffic but knew that would not go over well. Mr. Doherty answered schematic design would cost approximately $125,000 and the cost of improvements vary widely. Any utility work that occurred would result in new pavement or repaving but the amount of utility work is unknown given other priorities. Recrowning and repaving would be needed in all the scenarios; the least expensive alternative would be one that does not increase the improved roadway width and only repurposes and focuses more on the sidewalk realm. The build to standard concept would be 2-3 times that cost. The project is in the concept development phase; schematic design will provide some cost estimates. Once Council gives direction regarding a preferred concept, cost estimates will be developed. Councilmember Buckshnis said she needed to know the cost range to determine a preferred concept. She asked if Utilities would pay for some of cost of the street. Mr. Doherty answered while there are older utilities in the street, there are higher priority streets in the oldest parts of the City for full utility replacement. There may be some utility replacement/upgrade required in the 4"' Avenue Corridor so a small amount would be provided by Utilities but not as much as one might think. When the planning process began, it was thought more funding would be provided by Utilities. Ms. Chapin recalled the early plan was in the $6M range. When the current phase began two years ago, the goal was to develop a feasible plan that was still around $3M. That is the only number that has been identified as an estimate for some of the work. Mr. Doherty offered to confer with Public Works Engineering to develop ballpark figures for a range from full improvement to the most minimal. He noted sometimes the available funding determines the outcome. For example, if funding of $4M is identified, the effort is focused on how that funding can be used to meet most of the objectives. Councilmember K. Johnson commented many Councilmembers are seeing this for the first time. She goes way back on this project and has always been supportive. The challenge now is to complete the planning so when things loosen up, the City is ready to apply if there is a capital arts program in 2023-25 legislative biennium. She believed the City might get support for grants as this was a key feature in the Creative District. Councilmember Fraley-Monillas said she has heard a lot of comments from the people who live on 4"' Avenue that do not support getting rid of parking on 4"' Avenue. Her vote will be to predominately support the residents on 4t" Avenue who purchased their houses not knowing there was the possibility they would lose parking. She acknowledged there are alleys but often there is not enough room for parking. Councilmember L. Johnson commented this is a unique opportunity for Edmonds. A lot of the items in the presentation spoke to her such as interactive spaces, community gathering spaces, art displays, art activities, pedestrian oriented experiences, pocket parks, etc. She referred to the objectives that include welcome mixed use development with upper story residential and one of the characteristics regarding why 4"' Avenue is an ideal place lists historic building. She wondered if those statements were in conflict and asked how they would be balanced. Mr. Doherty answered that was more about zoning than street improvements. The BD5 zoning is the lowest intensity of the downtown zones so the height limit is only 25' versus 30' and slightly higher in other parts of downtown. In addition to single family homes, the corridor includes office buildings, old apartment buildings, an old motel, and an old commercial building. The 25' height limit is taller than some of the buildings so a property owner may decide it would make sense to add to or even possibly demolish and rebuild; there is little incentive to demolish a building that is close to the 25' height limit. Some of the buildings are nondescript, mid-century and do not have historic value. The BD5 zoning was not a historic preservation tool per se; the lower height gives less incentive or pressure for redevelopment. Anything further would require a historic preservation district or Edmonds City Council Approved Minutes March 9, 2021 Page 11 guidelines for redevelopment which is not technically part of this proposal but is related to what happens on 4"' Avenue. Councilmember Distelhorst thanked Mr. Doherty and Ms. Chapin for the presentation and information and expressed his appreciation for describing where the corridor has been and where it is headed. He supported maintaining the current right-of-way at 30' and configuring it as necessary as well as maximizing the adjacent pedestrian spaces, basically the 1 way 2 parking and landscaping. He also supported safe crossings at the intersections such as bollards and speed table intersections that provide traffic/speed calming as well as a more welcoming space when the street is closed for events. He was excited to see this work continue. Councilmember Olson thanked staff for the presentation and the online survey which was really well done. It contained a great deal of information and gave her an opportunity to get up to speed with a project that has been in process for a long time. With regard to long term planning, she would be excited to have a second arts corridor near Highway 99 featuring an international flavor of art and implementing many of the same features, possibly in the neighborhood of the Esperance Park. With regard to the 4"' Avenue Corridor, she favored the options that maintain parking on both sides as parking is important for residents as well as to provide parking for amenities and attractions downtown, citing past efforts to increase, not decrease parking. As a long term resident, she realized the 4"' Avenue Corridor was less busy and having it be one-way would not be a huge sacrifice for the community. The one-way should be in the direction of the ECA. She commended staff for the work they have done and said she was excited about the proposal. Council President Paine supported having a better pedestrian environment and preferred the 1 way 2 parking. She worried the improvements would make some of the historic or unique flavor buildings vulnerable to redevelopment pressure. She asked if there were zero lot lines. Mr. Doherty answered some commercial buildings may be, but most of the single family homes were not. Council President Paine asked if a residential building could be replaced with a zero lot line commercial building. Mr. Doherty answered he was not certain but it may be possible. Council President Paine summarized she liked the street and viewed it as an asset to the community. She agreed with focusing on an area outside downtown next time. With regard to parking in the 4"' Avenue Corridor, Councilmember K. Johnson said people may have an expectation when they purchase a home that the space in front is theirs for parking, but in fact it is public right-of-way, not something they own. Although it makes sense to have some parking on that street, she recommended counting the number of spaces along 4"' Avenue and in the alleys and use that to help determine whether to have parking on one side or no parking. From Bell north it makes sense to have a one-way roadway with parking and enhancing the pedestrian corridor as much as possible. She loved the idea of doing things in other parts of the City, but it has taken 15 years to get this point. She recalled the original design had another arts corridor on Dayton that connected to the former Safeway property. Projects like this take a long time and a lot of public will; she was willing to support this effort. Mr. Doherty said the public preference was one-way north, maintaining parking, maintaining the size of the roadway, increasing amenities on the sides in the public realm. He invited Council to discuss their preferences tonight or staff can return at a future meeting. Councilmember Buckshnis said she personally liked the one-way with parking. She would like to have a cost analysis and supported having Utilities fund the road work where possible. She supported the recommendation from the open house. Edmonds City Council Approved Minutes March 9, 2021 Page 12 Council President Paine said she was in favor of looking at the next level of design and the associated costs. Mr. Doherty said no design work is currently planned; once the Council provides direction, that direction would be used to guide schematic design development with costs. A MOTION WAS MADE BY COUNCILMEMBER DISTELHORST AND SECONDED TO RECOMMEND WE TAKE THE 30' ROADWAY WITH ENHANCED LANDSCAPED WALKS AS PRESENTED BASED ON PUBLIC FEEDBACK TO THE NEXT LEVEL OF SCHEMATIC DESIGN. Councilmember Fraley-Monillas asked if that included parking. Mr. Doherty answered yes, it included parking on both sides. Councilmember L. Johnson said while she was leaning toward supporting the motion, it was on the agenda under New Business so she was not ready move forward tonight and preferred having additional time for review Councilmember K. Johnson agreed with Councilmember L. Johnson; because this item was on the agenda under New Business, it was more appropriate for the Council to be briefed first and come back for more deliberative action at another meeting. She was also not ready to move forward. Councilmember Olson said she was ready to support the motion, but agreed as it was a New Business item, she supported giving Councilmembers more time especially since when an item is not time critical. COUNCILMEMBER DISTELHORST WITHDREW THE MOTION. 3. COUNCILMEMBER REIMBURSEMENT CLAIM Councilmember Buckshnis explained this was discussed by the Finance Committee for transparency purposes and to avoid a rolling quorum. The agenda memo for this is very long and she was willing to provide it to the media with attachments. A Councilmember requested an approximately $307 reimbursement which was denied by last year's Council President and again by this year's Council President. She read from the City of Edmonds policy for expense reimbursement, the City of Edmonds reimburses employees and elected or appointed officials for reasonable expense incurred conducting City business provided the expenses are prudent and directly related to the individual's service on behalf of the City. This $307 expense was for investigative work related to hiring for the Chief of Police position. The information was obtained in a rush by Councilmember Olson related to a record for one of the candidates. Councilmember Buckshnis recalled there have been many respectful disagreements between Councilmembers and Directors in the past; the most recent was in 2019 when the former HR Director provided non -represented employee salary amounts and there was an honest disagreement between Council and the HR Director. Another example was a disagreement she had with a former Finance Director related to a GASB ruling. She concluded with regard to this item, the Finance Committee recommended the reimbursement claim be paid. Councilmember Fraley-Monillas said she did not view this expense as reasonable or prudent. She denied it last year and one of the reasons was this is HR work and not the work of a Councilmember. She believed there was some level of looking to find issues with this person because it was not brought up until this person was chosen to be the first person of color associated with the designation of Police Chief. She relayed Councilmember Olson stated she asked HR twice to do this; HR indicated to her last year when she was Council President that Councilmember Olson had not reached out to them to request assistance with this. Councilmember Fraley-Monillas said in general she found it to be hunting for issues with this person that perhaps should not have been hunted for which is why she denied it. She was aware Council President Paine denied it this year when it was submitted again. She was uncertain why this was Edmonds City Council Approved Minutes March 9, 2021 Page 13 being brought up other than it had to do with perhaps looking at things in "a color sort of issue versus statistically an ability to do the job." Councilmember Olson said the packet that was prepared has much more content, background and support for the claim than when it was initially submitted. The fact that it was denied previously does not bear on whether it is denied this time. She obtained a lot of clarity and was unaware, as both Council Presidents may be unaware, that there is a City of Edmonds Employee Expense Volunteer Recognition and Reimbursement Policy that includes electeds and does not give guidance on the types of expenses that fall under their authority with the exception of travel which does have to be approved before the travel begins. With regard to the policy that states for reasonable expenses incurred conducting City business, providing expenses are prudent and directly related to the individual's service on behalf of the City, she questioned whose service it was on behalf of other than the City. Although Councilmember Fraley-Monillas painted her as digging for dirt, in fact she was looking for the glory stories. As she learned tribal policing did not have a lot of the same requirements, administration and body of laws, she was looking for good stories. When she found this, it was not that she knew it was a bad story, it just seemed like a stone that should be turned over. She asked the Administration about that item before the appointment was made which disclaims and negates both of the claims by Councilmember Fraley-Monillas. Councilmember L. Johnson said given that Councilmember Olson did not take or consider taking the same measures when other director positions were vetted, it was hard to overlook the appearance of bias. When the court summary was initially brought to the Council's attention, it was accompanied by a subjective commentary of "he thinks he and his family are above the law." She found this odd because taking a grievance to the court is operating within the law. Later when the full report was circulated, additional subjective interpretations were made. Councilmember L. Johnson acknowledged she was not an HR or legal professional and did not have the training required to handle the multitude of considerations when conducting this type of intensive background check and to the best of her knowledge none of her fellow Councilmember did either. Further, she did not know more than the three police departments, FBI, HR Director or the polygraph experts who all professionally vetted this candidate. Once the information was presented to Council in an unusual fashion, she checked with HR and found they had knowledge of it and it had been addressed with the polygraph. She was very concerned that if the Council approved reimbursing this unauthorized expense, it would not only interfere with the work of trained professionals and dip into an Administrative function, but more importantly it would set a dangerous precedent with regard to liability concerns, a precedent she did not wished to set. Council President Paine explained she received Councilmember Olson's request for reimbursement. Similar to the prior denial, there had been no prior approval and the expenditure was not part of Council's typical responsibilities as that function was normally done through the Administration. The way this was done puts City at a level of liability and risk. With regard to the code that addresses how the City Council pays claims and demands, it is very clear the Council Presidents audits and signs off on those claims, but Chapter 2.25 allows the denial of any reimbursement claim to come to full Council. The additional policy that has been presented certainly could include City Council but the language still states the Council President approves or denies claims. She was troubled by this reimbursement claim because as someone who has spent some time in courts, one deposition does not provide the full story and the absence of the full story makes it difficult to understand the full discussion which is why it is important for the professionals to consider the information. She, like other Councilmembers, inquired about the fullness of knowledge of the City's HR professional and was assured she was aware of this court matter and there was no miscommunication from the applicant to the City. She concluded that information was enough for her to deny the request for reimbursement. Councilmember K. Johnson thanked Council President Paine for describing the procedures. She pointed out neither Council President Paine's denial nor the previous denial should not weigh on the Council's decision tonight. She believed there was a certain amount of due diligence incumbent on each Edmonds City Council Approved Minutes March 9, 2021 Page 14 Councilmember and if that incurred cost due to time constraints, in this case it was adequate to be reimbursed. The fact that the HR professional knew about this did not eliminate the question in her mind because her information wasn't shared with the public or the Council. She credited Councilmember Olson for doing the research and bringing it to the full Council because it had a great impact on her final decision and probably impacted the Mayor's final decision. She concluded this was a reimbursable amount and she will support it. Councilmember Distelhorst said when this brought up with him 2-4 weeks ago, he was hoping it would be a long term, sustainable policy; he thought the agenda item was a policy regarding reimbursement rather than reimbursement for a specific item. There is a need for a more sustainable, long term solution for something that is very subjective like this in developing a policy where the Council is potentially subjecting the City to further liability. He did not feel requesting reimbursement in this manner solved the issue and actually increased the potential liability as he understood it. He was hoping for a longer term, sustainable solution, realizing that was more work but would provide more benefit. Councilmember Fraley-Monillas said in her personal opinion this was a witch hunt, looking for problems that could occur with the person. The City knew about this individual and the issues that were brought up, talked about and he was found to be truthful. She believed this was done to create commotion regarding the person appointed by Mayor Nelson to the position. She believed the Council was not responsible for investigating these issues; HR was responsible for that. The person admitted to and denied what had occurred and was found not guilty, the person requesting reimbursement had no reason to do it. In considering this issue last year, she wondered why the Councilmember did not come to the Council President and assumed it was because it would have been denied because it was not the Council's job to look at those issues. She did not believe it was a Councilmember's responsibility to determine if whether information was accurate or not, that is within the realm of the HR Director. The bias related to this has created a lot of issues within the Black community and what occurred with Mr. Pruitt. Councilmember Fraley-Monillas concluded she made the best decision based on the information she had at the time. Councilmember Buckshnis commented Councilmembers are all elected officials and the Council President does not rule what they can/cannot do in terms of oversight. For example, Councilmember Buckshnis asked if Councilmember Fraley-Monillas' work that utilized six months of the Council assistant's time to look at all non -represented employees' salaries had been a witch hunt. Councilmember Distelhorst raised a point of order, stating that was not germane to this topic. Councilmember Buckshnis said it was a precedent. Mayor Nelson suggested Councilmembers narrow their discussion to the topic. Councilmember Buckshnis suggested dropping the allegation of bias as Councilmembers have oversight responsibilities. Oversight has occurred in the past when there were honest disagreements between Councilmembers and the Administration. For example, in the past she cited a $4.9M issue in the budget and it was determined she was accurate and the City had to restate its financial statements. There is nothing wrong with Councilmembers doing oversight if it is done correctly and there is no reason for Councilmembers to have their work preapproved by the Council President. She agreed the Council President approves expenditures but as stated in the reimbursement policy approved by Council in 2014, Councilmember Olson was doing her job so she could make a decision on an agenda item that was moved up a week when many citizens were contacting Councilmembers about additional information that was available. She concluded Councilmember Olson was doing her job by providing oversight. With regard to the policy versus just coming forward with this, Councilmember Olson said that change occurred after the discussion at the Finance Committee because the feedback from the City Attorney and Finance Director was the Council President could make the decision based on the information provided. She recommended the conversation related to liability stop because unless that liability was greater than Edmonds City Council Approved Minutes March 9, 2021 Page 15 the liability that would have occurred due to hiring someone with automatic disqualifiers as a police officer, it was a truly a moot point, very distracting and inappropriate. When she contacted Administration, she asked specifically if the source document, the testimony itself, had been looked at. The automatic disqualifier was one thing in there, but there were other concerning things and red flags. The Administration had never seen the source document and her request was treated like a public records request and the response was there were no documents to provide. She did not look at this as oversight, she looked at it as due diligence for her vote to confirm the candidate. Whether other Councilmembers or the Administration were satisfied without having that information, she wasn't and she ordered it because of her job. Councilmember Fraley-Monillas said she did not see it in that sense; she saw it in the sense that Councilmember Olson was going after this person because they were chosen to be first person of color to be appointed to the position. She believed the fact that Councilmember Olson did not ask whether it would be appropriate or okay sent a message that she would do what she wanted to do because she had a preference of police chiefs. The fact that the person Mayor Nelson brought up for appointment to the position had been through FBI checks and checks by their own departments told her that the person had been through all sorts of documentation regarding their ability to do the job. This was related to the fact that the police chief candidate was African American and Councilmember Olson did not do a similar check on the other police chief candidate which was inappropriate. Councilmember Fraley-Monillas said in the 11'/z years she has been on Council, she had never seen a Councilmember do anything like this, go after someone's background check. The fact that the background check that was completed showed the person admitted to this, denied it, and had gone through the process did not matter to Councilmember Olson because she wanted to see what they had done in the past and she wanted to make the person guilty whether or not they were. She denied the reimbursement because it was not a Councilmember's business; it was the HR department's responsibility to look into. If Councilmember Olson believed the HR Director was incompetent in their job, that should have been looked it. That issue was not raised, only that the Councilmember wanted the information regarding the police chief candidate. She still believes that person was treated very unfairly by Councilmember Olson. Councilmember K. Johnson said she had to make a comment after that diatribe; it is a danger to think you know what a person is thinking and to assume they have done the worst thing. That is against the Council code of conduct and is very disrespectful. She recalled there had been many discussions about the role of the City Council and whether there were liabilities. She asked City Attorney Jeff Taraday to add clarity and help the Council understand the main issues that should be considered. Mr. Taraday said he would not express his personal opinion about whether this should be reimbursed or not. Some of questions that are being asked are not the questions he would suggest be asked. The Council's confirmation power is a very significant power, just like the U.S. Senate's confirmation power. In exercising that power, the Council is not required to trust the Mayor or the Mayor's staff with regard to nominations that come forward. If the Council was required to trust the Mayor and the Mayor's staff, there would be no point in exercising any confirmation power, the Council would simply give the Mayor complete power to make all appointments without confirmation which many cities do. Mr. Taraday said that is the starting point for his analysis; each Councilmember has a significant role to play in determining whether to vote to confirm or not confirm an appointee. In making that determination, there is no guidance with regard to how to vote; it is entirely up to each Councilmember's legislative discretion whether to cast a vote to confirm. He suggested the question of whether an individual Councilmember would have spent this money or gone to the trouble of acquiring the transcript was not really relevant nor was it relevant whether Councilmembers agreed the money needed to be spent. The Councilmembers who have spoken against reimbursement could take the position that they did not think the transcript was necessary, that they preferred to rely on the HR Director, that they would not have themselves gone to the trouble of obtaining the transcript, and did not read or rely on the transcript or find Edmonds City Council Approved Minutes March 9, 2021 Page 16 it helpful and yet could still believe that the Councilmember who requested the reimbursement was doing so out of a good faith desire to be reimbursed for money she spent in performing her role as a Councilmember. Mr. Taraday reiterated he would not express his personal opinion regarding whether he would have wanted the transcript had he been in the Council's shoes or whether it was money well spent. The money was not used for a private party or to reupholster a Councilmember's couch; he suggested the analysis focus on whether the money was spent in the course of the Councilmember performing her duty and not on whether Councilmembers agreed with what the Councilmember did. Councilmembers can disagree on what the Councilmember did and have the opinion it was unnecessary and perhaps even money not well spent, but still feel the Councilmember should not have to pay it out of pocket. With regard to liability, Mr. Taraday was unsure that was germane to the request unless there was a criteria that expenses are only reimbursed when there is no risk associated with the expense which he was not aware existed. In researching law to guide their response, because this is such a unique situation, they were unable to find any case related to a Councilmember or City being sued because of investigation done related to a Councilmember's confirmation vote. He could say there was zero risk associated with this but it did not appear to be a criteria in the policy in determining whether an expense was reimbursable. The criteria is whether the expense is prudent and directly related to the individual's service on behalf of the City. He suggested if a Councilmember wanted to vote no, they should make an argument that it was an imprudent expense and if they wanted to vote yes, make an argument it was directly related to the individual's service on behalf of the City. Councilmember K. Johnson thanked Mr. Taraday for his insightful analysis which she hoped would guide the Council. Councilmember Buckshnis said she takes confirmation seriously. Although Councilmember Fraley- Monillas had never seen it in her 11 years, she had seen it during her 11 years on Council. Councilmember Fraley-Monillas raised a point of order. Mayor Nelson requested Councilmembers refrain from making personal remarks or attacks. Councilmember Buckshnis recalled former Councilmember DJ Wilson and she voted not to confirm a director due to information he found over and above what the HR person presented. She summarized there was precedent regarding information like this. She thanked Mr. Taraday for saying Councilmember Olson was doing her job. Councilmember L. Johnson said if the Council was to accept that this was something a Councilmember could be expected or would be reasonable to do in undertaking their position, would the same be true if a Councilmember wanted to hire someone to research proposals for a street overlay or to review finance reports. She questioned where this ends when a Councilmember disagrees with something that has been vetted by professionals, what reasonable measures could a Councilmember take that would be reimbursable by the City in undertaking a Councilmember's job. The way this document was used and the subjective nature of the interpretation and how widely it was circulated, it had been weaponized. There were a number of public comments made, including "he thinks he and family are above the law." There was also an interpretation that the Marines froze his rank, that it contained automatic disqualifiers (which Councilmember L. Johnson said she was unable to confirm), and that it contained instances of perjury during sworn testimony. Those interpretations showed the document was not used properly and was something that should have stayed within HR and the work that HR did that came to the Council as a professional recommendation. Councilmembers were assured that the issues were vetted and that it was asked during the polygraph. When a Councilmember does not like something and wants it to go in a different direction should not override the expertise of staff. She concluded this seemed very dangerous and was not a road the Council should go down. Edmonds City Council Approved Minutes March 9, 2021 Page 17 To those that say Councilmember Olson was doing her job by doing this, Councilmember Fraley- Monillas asked if that was saying the HR Director was not doing their job. Frankly, if the Council cannot trust staff to do their job, then shouldn't be there. She had great angst with whether people were doing or not doing their jobs. She summarized the candidate admitted to having an issue. Councilmember K. Johnson raised a point of order, stating this is the third time she has heard this same argument and Councilmembers need to move on. Mayor Nelson said that was true of most comments and he would allow Councilmember Fraley-Monillas to continue. Councilmember Fraley-Monillas said a Councilmember with no experience in HR saying a person did wrong did not make sense to her. Councilmember K. Johnson raised a point of order, stating she never heard Councilmember Olson say anything derogatory about the HR Director. Councilmember Fraley-Monillas said her comment was not about Councilmember Olson making derogatory remarks about the HR Director. Mayor Nelson requested Councilmembers refrain from referring to each other during their debate. Councilmember Fraley-Monillas said the HR Director saying that the gentleman had been looked at and had admitted to anything uncomfortable was all the Council needed. She would not second guess the HR Director. Council President Paine said when the Council was presented with the candidates and the final choice, they all had opportunity to do their own research, some did more, some did less. Her outside research, comparing what she had seen to what was confirmed by the HR professional and considering other information received through the interview process, all informed her decision. When something else came in at the last moment out of the clear blue sky, it felt more punitive rather than adding daylight to that candidate. It did not add any information other than what the Council had already heard from the HR professional. When Councilmembers conduct research, it is to satisfy themselves and there is no policy stating it will be reimbursed. Out of courtesy and being upfront about something that may incur cost, that needs to be discussed with the Council President which never happened. The document did not add anything that the Council had not already heard and it made things a lot more volatile. Councilmember Olson said she has been slandered and accused of bias tonight. The summary that she had first seen online with the summary judgment that did not go for the plaintiff indicated to her that there was more to look at. It was a lawsuit against a municipality and Edmonds was a municipality that was potentially hiring this person. The first time she asked about the lawsuit was when the person was a candidate and before the appointment made. To say that this information had no value and there was nothing to talk about, Councilmembers requested an executive session. She and at least three other Councilmembers were not informed by HR until after HR indicated they did not have the document and she indicated she would order it; that was when three other Councilmembers and she ]earned there were content issues. She acknowledged the Administration may have learned about it during their interviews and apparently Councilmember Fraley-Monillas learned about it in her interview, but Councilmember Olson said she and three other Councilmembers were not informed by the Administration until she indicated she would order the document. Mayor Nelson relayed staff was inquiring whether the Council would be discussing the Unfinished Business Items on tonight's agenda. Councilmember Distelhorst relayed his understanding was because this was New Business, the Council would not be acting on it tonight. He preferred to move onto the Unfinished Business items. Edmonds City Council Approved Minutes March 9, 2021 Page 18 Councilmember Buckshnis said she was baffled by all the negative comments and the comments to Councilmember Olson about her intent. Some Councilmembers were out of loop and the fact that the entire confirmation process was pushed up a week was cause for even more due diligence. She twice requested an executive session. There is a huge miscommunication between what Councilmembers believe happened. This was a Councilmember doing her job in her oversight or due diligence role. Councilmembers are elected to be the checks and balance for the Administration and there are many examples of those checks and balances over the last few years. She will continue to do her due diligence and if she has to spend $307 to do something, she will. Councilmembers do not have to ask for permission from the Council President to do something; that is not the Council President's role. Councilmembers' role as elected officials is to do their job which is what Councilmember Olson did. Councilmember Fraley-Monillas said it is the Council President's role to determine what money is and is not spent. The Council President determines appropriate expenditures and she did not believe this was appropriate. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO TABLE THIS TO A FUTURE MEETING. MOTION CARRIED UNANIMOUSLY. 9. UNFINISHED BUSINESS ANALYSIS OF DIRECT HIRE VS. CONTRACTED SOCIAL WORKER Ms. Neill Hoyson explained this item is related to whether the social worker position would be a direct hire or contracted position. She recalled two weeks ago when the job description was approved, Council indicated the description could be used for either a direct hire or to guide the scope of work for a contract flsition. Council re uested anal sis regard inr those two a2proaches and the pros and cons. She reviewe, Direct Hire Contracted Service Levels Would need to address how to provide Services should be able to start very adequate coverage with a single soon after contract is executed. Would person. While "on -call" hours can be be able to negotiate coverage for established this would need to be when dedicated social worker is on negotiated and additional leave and for after-hours access compensation would need to be paid. Would be difficult to cover time away sick & vacation leave Peer/Professional Support The City does not have a currently Peer/and professional support establish program so the new hire network would already be would be entering into a blank slate established as well as with no support. This could slow technology and other support down service offerings as they would services need to create relationships and determine what technology and other support is needed. It may be more difficult to tap into a peer network as a standalone practitioner. Supervision Without an established Supervisory structure is already in program/structure the necessary place. Casework auditing structure is supervision would not be in place. already established Contract(s) would most likely need to be executed to provide both supervision and casework auditin . Cost Would need to provide benefits which Would control costs through contract run approximately 32% of wages. negotiations but would not have direct Edmonds City Council Approved Minutes March 9, 2021 Page 19 Would need to take into account any ongoing costs related to union negotiations as this is a covered position. Would be responsible for all employment liability costs such as unemployment and worker's com ensation control of wages for position. Liability Considerations Interactions with clients could be Liability would be transferred if the fully/partially subject to public work was contracted. Disclosure. City liability policy excludes this work so an additional policy would need to be purchased. An analysis would need to be conducted to determine if this work would result in the City becoming a covered entity under HIPAA, which could result in costly security and privacy measures. Organization Culture May come to understand more readily Would not have direct managerial Edmonds institutional culture and control. Would possibly have expectations. Would have only direct competing cultural norms for the supervision and management by the organization. City, with no potential for another agency's managerial layer to affect erformance outcomes, etc. • Analysis of direct hire vs. contracted Social Worker model o Goals: ■ Immediate: Immediately address the health, welfare, and human services needs of Edmonds' at -risk residents and do so in a way that delivers exceptional services and leverages allocated monies in order to achieve the most services possible. Together with the Human Services Program Manager, assess human services needs and gaps in Edmonds that will inform long-term decision making. K 1 Year: Using needs assessment data collected during the first year, establish the long- term plan and structure for the Edmonds Human Services Division and continue building the Human Services Program. K 18 Months: Launch the long-term structure for the Human Services Division. ■ Recommendation: o In order to meet the immediate needs of the residents of Edmonds, it is recommended that the City contract with a human services agency to provide a dedicated Social Worker who is specifically assigned to Edmonds and whose duties align with the job description approved by Council. o Building a full-fledged Human Services program should be done in a way that is targeted and thoughtful and use data to drive deliverables and measure success. Contracting with a human services agency to provide social worker services at this time will allow the City to gather data on needs and gaps in Edmonds in order to make long-term decisions regarding the Human Services program. Once data is gathered, long-term decisions can be made regarding structure, program offerings, and whether continued contracting is in the best interest of the program goals. • Key analysis areas: o Service Levels: Contracting will allow for services to begin very quickly once a contract is executed. Conversely, if direct hire is used, it will take time to establish program parameters, establish support for the work, and hire for the position. This will cause a delay in services which directly impact people's well-being. Edmonds City Council Approved Minutes March 9, 2021 Page 20 ■ Contracting would also provide greater access to those needed services by ensuring greater coverage levels. Coverage levels such as having evening coverage, weekend coverage, and access while an employee is on leave may be negotiated as part of a contract and would be more difficult to provide as a stand-alone Social Worker if it is a direct hire. o Peer/professional support: ■ Contracting with a human services agency allows the City to tap into the established structure and resources of that agency. A contracted Social Worker would have the support of an agency that is focused on human services with ready access to other social workers, support staff and institutional support/resources. This directly translates into better services as the City does not have this established support network internally. ■ A direct hire Social Worker would have less ready interaction with other social workers and/or support staff for networking, problem -solving, etc. and would have less readily available institutional support and access to support resources. o Supervision: ■ Contracting for this service would provide the supervision that is needed for this type of work. ■ Supervision comes in to play in two key areas. If the Social Worker is attempting to gain higher licensure, then specific supervised hours must be achieved, if the Social Worker is at the highest level of licensure (LICSW) then a structure must be in place to review casework to ensure it is meeting standards. ■ If the City were to direct hire, a way to provide supervised hours or casework auditing would need to be established. As the City currently does not have the structure to provide this, it would most likely need to occur in the form of contracted supervision by a human services agency. This would be an additional cost that would take away money from program offerings. o Cost: ■ Contracting for a dedicated social worker will be less costly than direct hire and will allow more program monies to be allocated to the Human Services program. As a direct hire the City would be responsible for all benefit costs as well as be liable for any employment related claims. o Liability Considerations: ■ The direct hire model creates more liability for both the City and those who would access services. With a direct hire Social Worker, documented interactions with clients could be partially/fully subject to public disclosure. If this work was contracted these interactions would be largely free from public disclosure requirements. ■ If the City is providing direct health care services and, depending on if the City is conducting transactions for the services as defined by HIPAA, this may cause the City to become a covered entity under HIPAA which creates much more stringent security protocols for data, which can be very costly to implement. ■ Currently, this type of work would be excluded from the City's liability coverage. A separate insurance policy would need to be purchased should the City direct hire a Social Worker who is engaging in casework. Contracting for this work would alleviate this need and would transfer risk to the contracted agency. o Organizational Culture: ■ If the Social Worker is contracted, it may take longer for this person to learn and embrace City of Edmonds institutional culture and expectations. This can be addressed by having the Social Worker "on -site" for the majority of their time, rather than at their agency. Additionally, performance outcomes of the contracted person would need to be very clear so issues of performance management can be addressed to the City's satisfaction. Edmonds City Council Approved Minutes March 9, 2021 Page 21 Councilmember Distelhorst thanked Mr. Doherty and Ms. Neill Hoyson for the previous presentation and discussion, .jab description/scope of services and bringing back this matrix comparison which he found very helpful, well done and it confirmed his research with other healthcare social worker professionals. Councilmember Olson agreed with Councilmember Distelhorst's comments. Councilmember K. Johnson observed the Council -approved salary range was $79,000 to $98,000. However if the City contracted with Compass Health, their salary range for an equivalent position is $40,000 to $75,000. She asked if the City contracted, would the salary range be adjusted to fit the norm of the contract agency or would the person dedicated to Edmonds be out of sync with the social workers in that agency. Ms. Neill Hoyson answered the Council approved salary range and benefits (32%) and that is the total authority for contracting. The intent was not to pay someone more simply because they were working for Edmonds; the City will work with the contracting agency with regard to the skills sets, the position and the contract cost. She summarized the contracted position would be negotiated differently than the job description pay range. Councilmember K. Johnson referred to a very good letter the City received from former Councilmember Joan Bloom who happens to be a MSW social worker. Ms. Bloom's questions seem to parallel staffs analysis which confirmed her belief that at least in the short term, contracting was the way to go for this position. Council President Paine commented the matrix was great to look at the layers of liability. She asked how the social worker would be supervised. Ms. Neill Hoyson commented it was similar to basic contract management; the terms of the deliverables would be very clear in the contract. If the social worker works within a department, it will be very clear in the contract regarding how performance feedback occurs, whether it is directly to the person contracted to do the work, to the contract manager for the agency or their supervisor and how any performance based issues will be resolved. Council President Paine asked if the program manager would collect data. Mr. Doherty answered it was almost as if this position would have two supervisors, the subject matter expertise would be in the supervisory structure at the agency, but the day-to-day work, prioritization, reporting, etc. would be to the City of Edmonds manager/supervisor. The relationship to the human services program manager is that person can refocus on building a human services program, gathering data on needs, gaps, etc., continuing to strengthen relationships with providers in the region, building the human services plan year-to-year, etc. The two positions will work in tandem and have overlap but there are areas that do not overlap. Councilmember L. Johnson thanked Mr. Doherty and Ms. Neill Hoyson for the matrix. She approached the formation of a human services program favoring a direct hire social worker but was open to hearing the pros and cons which was provided by the matrix. Given that this is a new, huge, wonderful undertaking for the City, there are still a number of questions about structure that needed to be addressed. She appreciated the approach staff provided, specifically the points about allowing for a quicker start-up, providing the supervisory structure, transferring the liability risk, and the public disclosure issues. While those issues are addressed, the City can provide services more quickly and in 12-18 months when the program is more established and a there is a clearer picture about what is needed, the structure can be revisited and a determination made whether it is the City's best interest to continue to contract out the position or if it would be better served by a direct hire. She was excited to move forward. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE STAFF RECOMMENDATION TO APPROVE THE CONTRACTED SOCIAL WORKER MODEL. Council President Paine relayed that Councilmember Fraley-Monillas had left the meeting. Edmonds City Council Approved Minutes March 9, 2021 Page 22 MOTION CARRIED UNANIMOUSLY. (Councilmember Fraley-Monillas was not present for the vote.) Mayor Nelson declared a brief recess. 2. AMENDMENTS TO NEW TREE REGULATIONS Development Services Director Shane Hope relayed the City Council has been working on tree regulations for the past several months. At the March 2" d meeting, the Council reviewed a draft ordinance regarding trees associated with development, Stage 1. Council also reviewed potential regulations for trees on property not being developed, Stage 2. Council decided that while State 2 is underway, an emergency interim ordinance was needed that would strictly limit the cutting of very large trees and adopted an emergency ordinance. Council also adopted an ordinance regarding trees associated with development which included amendments made at the March 2"d meeting. The Council agreed to consider additional amendments to the ordinance at tonight's meeting and have been compiling amendments to the Stage 1 regulations. Environmental Program Manager Kernen Lien displayed a table developed by Council Assistant Maureen Judge that compiled all the potential amendments received via email. The Stage column was added to the table and the table includes amendments that were addressed last week. He suggested focusing on Stage 1 amendments tonight. A MOTION WAS MADE BY COUNCIL PRESIDENT PAINE AND SECONDED TO AMEND 23.10.060.C.2 1N THE SECTION REGARDING NATIVE GROWTH PROTECTION AREAS, INSERT "EASEMENT" BETWEEN "PROTECTION" AND "AREAS." Mr. Lien pointed out not all Native Growth Protection Areas (NGPA) are established as easements. COUNCIL PRESIDENT PAINE WITHDREW THE MOTION. Council President Paine suggested adding a definition, noting in the previous code in 18.45 it appeared there was a protected easement. Mr. Lien explained a NGPA could be an easement, a native growth protection tract, native growth protection area (30% NGPA established by 23.90.040.0 in RS-12 and RS- 20 areas), etc. There are a lot of different methods and language used for NGPAs. Mayor Nelson suggested tackling the amendments that have already been submitted that Mr. Lien displayed rather than adding additional amendments. Councilmember Distelhorst observed there are 20 Stage 1 amendments on the spreadsheet that could be run through quickly. A MOTION WAS MADE BY COUNCILMEMBER DISTELHORST AND SECONDED TO STRIKE $1000 AND INSERT $350 FOR TREES UNDER 10.1" AND $1,000 FOR TREES OVER 10.1" IN SECTION 23.10.080.E.1. Councilmember Olson recalled in another amendment she had recommended $350/tree because based on the size of the tree, the code also requires replacement with more than one tree and a fee to replace larger trees. There are some at -odds between development and trees previously on the property that will no longer fit. She expressed support for the amendment because it was a compromise the Council could agree on although she preferred $350 for all trees. Edmonds City Council Approved Minutes March 9, 2021 Page 23 Councilmember K. Johnson recalled the City was charging $1000 based on the cost of planting three trees based on the Parks Department's estimate per tree and that was how the amount was rounded up to $1000. Mr. Lien explained the $350 was the per tree cost of purchasing and planting identified by Parks. For each significant tree that is removed, it must be replanted at a certain ratio; for trees 6-10" the ratio is 1:1, for trees 10.1-14" the ratio is 2:1 and for trees 14" and above the ratio is 3:1. If all the replacement trees cannot be replanted on the site, it goes to the fee -in -lieu program. The Planning Board discussed this at length and wanted to retain the higher fee as a reverse incentive; developers will make a greater effort to retain trees if there is a cost to replace them. With regard to the amendment for $350 for trees under 10.1 ", which tree was not replanted for the replacement ratio is unknown so the replacement ratio cannot be tied to a diameter of a tree. This would work if there was a fee associated with every tree that was cut, but not for replacement trees tied to a ratio. He attempted to include something similar when drafting the code but it only worked for trees that were cut but it could not be tied to the diameter of the trees that were not planted as that cannot be tracked. COUNCILMEMBER DISTELHORST WITHDREW THE MOTION. Mr. Lien summarized a straight -up $350 would work for replacement tree for the value, but tying it to a diameter doesn't work. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO AMEND 23.10.080 TREE REPLACEMENT, TO ADD A NEW #4 THAT READS, "FOR EACH SIGNIFICANT TREE GREATER THAN 24" DBH REMOVED A FEE BASED ON AN APPRAISAL OF THE TREE VALUE BY THE CITY TREE PROTECTION PROFESSIONAL USING TRUNK FORMULA METHOD IN THE CURRENT EDITION OF THE CHIDE FOR PLANT APPRAISAL SHALL BE REQUIRED. " Councilmember L. Johnson commented the loss of older growth trees will have a significantly larger environmental impact. Carbon sequestering alone is massive, a level that cannot be made up by replacement. Old growth trees provide habitat that cannot be replicated by replacement with multiple smaller trees. The established underlying root systems have a major benefit in stormwater retention and soil stabilization. Choosing to remove an older growth tree should not be an opportunity to profit from selling off a natural resources. Mr. Lien pointed out this section is related to replacement trees; it establishes the replacement ratio for each tree that is cut. The amendment is more related to the fee -in -lieu program, so for each 24" tree that is cut, the money that would go into the tree fund is based on the plant appraisal. It would make more sense to have this statement in the fee -in lieu section. Further, the City currently does not have tree protection professional that is qualified to do the appraisal method. When something like that is required, the applicant would be required to pay a professional to do the appraisal and also pay into the tree fund which seemed like a double dip. Mr. Lien said he has heard several times that a larger tree is worth more which is the reason for higher replacement ratios for larger trees. This is also related to how much money will be paid into the tree fund. Another level could be added for larger diameter trees, requiring up to 4 replacement trees. He referred to Section 23.10.080E.1 which states the amount of the fee shall be $1000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the City's Tree Fund so $3000 for a 3:1 replacement, $2000 for 2:1 replacement and $1000 for 1:1 replacement. He suggested moving the statement to the fee -in -lieu section, commenting it was difficult to tie fee -in -lieu to diameter. Mr. Lien explained it would be easier for both Councilmember Distelhorst's and this amendment if the fee -in -lieu was tied to trees that were being cut versus trees that were not being planted. One thing that is different about this code compared to other jurisdictions' codes is most replacement is required to meet a Edmonds City Council Approved Minutes March 9, 2021 Page 24 certain tree credit density/tree coverage requirement. When the Planning Board reviewed the tree code they wanted to meet the 30% retention requirement and require replanting. Therefore, even if a development met the 30% retention, replanting is still required and if there is not enough room on the site, they are required to pay into the fee -in -lieu fund. Councilmember L. Johnson restated the motion with the agreement of the seconder: SAME VERBIAGE BUT NEW ITEM #3 IN SECTION 23.10.080.E To the comment that the City does not have a City tree protection professional, Councilmember L. Johnson said she found that language in Item C in the violations section which states, removal will require an appraisal by a City tree protection professional. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND TO 10:20 PM. MOTION CARRIED (4-2). (Councilmember Fraley-Monillas was not present for the vote.) Councilmember Buckshnis asked if the City tree protection professional was an arborist or if it was defined. Mr. Lien answered the City has an arborist but the current arborist is not qualified to do that. The code contains a definition of qualified professional, but not specifically the City tree protection professional. The way the amended language is drafted and in the violations section, the City would have to need to hire someone with those qualifications. He pointed out this amendment may be double dipping on the fee -in -lieu because if every tree over 14" that is cut has to be replanted with 3 trees and they cannot plant those trees on site, they will have to pay $3000 for the trees that were not planted as well as the appraised amount for the 24" diameter tree. Council President Paine asked if was possible for the City to put a consulting arborist with that qualification on contract. Mr. Lien answered yes. Council President Paine asked if that would relieve the double dip aspect. Mr. Lien it would not relieve the double dip, having someone on contract would mean they would be used to do the appraisal. The double dip is if a 24" tree is cut, that 24" inch tree is required to be replanted at a ratio of 3:1. If those three trees cannot be planted on the site, they would be required to pay $1000 per tree or $3000 plus the appraised amount for every 24" inch tree cut. Ms. Hope said if the City covered the cost of the appraisal, would that eliminate the double dip to the applicant. Mr. Lien the City tree protection professional is a cost borne by the City. The double dip is solely related to the removal of the 24" tree. When a 24" tree is cut, it is required to be replaced at a ratio of 3:1. If the three trees cannot be planted onsite, the applicant pays $1000 per tree or $3000 as well as pays for the value of the 24" tree that was removed. One way around that would be to have the replacement ratio apply only to trees 14"- 23.9" diameter and any tree greater than that does not have a replacement ratio, just a straight - up payment for the appraisal under the tree fund. Councilmember L. Johnson said that would be alleviated by her other amendment, under Tree Replacement A3, for each significant tree greater than 14" DBH removed and less than 24" DBH. Mr. Lien agreed that would alleviate the double dip. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND 23.10.080.A.3 TREE REPLACEMENT, TO READ, FOR EACH SIGNIFICANT TREE GREATER THAN 14 INCHES AND LESS THAN 24" INCHES IN DBH REMOVED, THREE (3) REPLACEMENT TREES ARE REQUIRED. Mr. Lien advised this amendment in combination with the previous amendment alleviates the double dip. Councilmember Distelhorst asked the ballpark cost of an appraisal for trees 24"- 36" in diameter. Mr. Lien answered he only knew of one tree appraisal done by the City due to a violation but he was unable to Edmonds City Council Approved Minutes March 9, 2021 Page 25 find it. In researching other jurisdictions that have done tree appraisals, it depends on the species and size of the tree, but it could be upward of $10,000420,000 per tree and even more for larger trees. AMENDMENT CARRIED UNANIMOUSLY. (Councilmember Fraley-Monillas was not present for the vote.) MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. (Councilmember Fraley-Monillas was not present for the vote.) COUNCILMEMBER BUCKSHNIS MOVED TO ADD A NEW SECTION TO 23.10.080 THAT DEALS WITH MINIMUM TREE PLANTING REQUIREMENT, ADD A PROVISION REQUIRING A MINIMUM NUMBER TREES TO BE PLANTED ON ALL DEVELOPMENT PARCELS. THE NUMBER OF TREES WILL BE A FUNCTION OF THE ZONING, FOR EXAMPLE THREE TREES FOR A SMALL PARCEL OR SIX TREES FOR A LARGER PARCEL. Ms. Hope questioned how that related to the provision adopted by the Council last week requiring a minimum of 3 trees per 8,000 square feet to be planted when there are no significant trees on the site. Mr. Lien identified the amendment made last week for sites without trees, "For developing properties identified in ECDC 23.10.06.A that have fewer than three significant trees, trees shall be retained and/or planted that will result in the site having at least three trees which will be significant at maturity, per 8,000 square feet of lot area." COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO CHANGE THE OPENING SENTENCE IN 23.10.080.E. TO "AFTER PROVIDING CLEAR DOCUMENTATION TO DEVELOPMENT SERVICES THAT ALL TREE RETENTION AND/OR REPLACEMENT OPTIONS HAVE SEEN CONSIDERED AND ARE INFEASIBLE INCLUDING ARBORIST REPORTS AS NECF,SSARY THE DEVELOPER MAY APPLY FOR A FEE -IN -LIEU EXEMPTION TO THF. TREE RETEN 77ONIREPLACEMENT RE Q UIREMIENTS. Councilmember Buckshnis said one of the issues is transparency and the need for clear documentation to show replacement or retention. Without the amendment, fee -in -lieu could be allowed; the amendment would require documentation. Councilmember Olson liked the concept of the Development Services Director consulting with the City arborist, but she did not like requiring arborist reports as necessary because it implies another fee and financial burden. As the City has an arborist, she asked if it would be unreasonable for that person to consult with the Development Services Director on the information provided without requiring an additional outside arborist report. Mr. Lien referred to another area of the code that states an arborist report is required with an application. The applicant's arborist would develop a plan showing the location of all the trees. For trees that are not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation, etc. This section does not address, and what will be the more difficult part of the code in general, the high replacement standards and replacement ratios and not being able to plant that many trees on the site. A developer or homeowner may not want to have the complete site planted in trees after constructing the house and may want an open area for yard, solar panels on the roof which will require access, etc. Replacement trees will make it difficult to implement this code. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND TO 10:25 P.M. MOTION CARRIED (5-1). (Councilmember Fraley-Monillas was not present for the vote.) Edmonds City Council Approved Minutes March 9, 2021 Page 26 Council President Paine suggested bringing this back to a future meeting. 10. MAYOR'S COMMENTS Mayor Nelson relayed the Snohornish Health District reported yesterday the County's case counts are the lowest they have been in five months, 84/100,000. He encouraged the public to keep up the good work by v,,earing masks, watching distances and washing hands. t 1. COUNCIL COMMENTS Councilmember Olson thanked Alicia Crank for launching National Wonten's Month with her great program and panelists this weekend. Councihnember Distelhorst thanked Acting Chief Lawless for his dedication, leadership and long career serving the City and the people of Edmonds and wished him the best in his upcoming role. He relayed Mr. Doherty's report at the COV1D-19 Recovery Task Force meeting that there would be more Working Washington grants coming through the Department of Commerce; further information is available on the state's website. There are also discussions about additional federal assistance to cities. The LEAP program at the Frances Anderson Center is serving about 31 kids/week with 27 on full scholarship. He thanked City staff and the Administration for working to ensure that that program is reaching the audience the City had hoped to reach. Councilmember Buckshnis expressed accolades to Alicia Crank, commenting it was a great two days of presentations that included her friends, Storrn player Sue laird and Storm owner Dawn Trudeau. She gave a Shout out to everyone who is continuing wear to masks, noting the news contains reports of super - spreader events where people are not wearing masks. Councilrnember.Buckshnis was saddened by the recent loss of Shirley Wambolt who attended Council meetings with her husband, Ron Wambolt. She expressed her condolences to Ron Wambolt. Student Representative Roberts thanked the Council and Mayor for their ongoing support of the Youth Commission. FIe urged everyone to wear a mask. 12, ADJOURN With no further business, the Council meeting was adjourned at 10:25 p.m. a=L NELSON, MAYOR PASSEY, C!T CLE K Edmonds City Council Approved Minutes March 9, 2021 Page 27 Public Comment for 3/9/21 Council Meeting: From: Pujari Center Sent: Tuesday, March 9, 2021 6:46 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Against Housing Commission 15 policy proposals Dear Edmonds City Council members, I am a resident of Edmonds since 2008. 1 am opposed to the Citizen's Housing Commission's 15 proposals, and I urge you to consider the negative impact on our family friendly, charming neighborhoods which are a key part of the attraction for both residents and visitors to Edmonds, and not to support them. Thank you, Astrid Astrid Pujari MD From: cdfarmen Sent: Tuesday, March 9, 2021 3:33 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Tree Code Dear Council Members, I am submitting the following recommendations to be considered in your deliberation on the "updated tree code". The tree code title would be more appropriately named as the " Tree Preservation Code" or the " Tree Retention and Protection code". The use of those terms in lieu of generic wording gives more emphasis on the intent of the code. It raises an altogether different awareness. We need a vigorous tree code that will be properly managed and justly applied. The current tree board needs to be changed into a true tree board with 4 or 5 professional board members, that would include an arborist and others with some forestry and LID knowledge. The current tree board would then become an advisory committee to the board. The new Tree board should be included in the approval process of any subdivision development with a tree plan. They would be responsible to conduct the initial review of the plan and make recommendations to the Director. Edmonds City Council Approved Minutes March 9, 2021 Page 28 They could assist the director with the onsite pre -development inspection and offer a recommendation to the director which subdivision plan should be presented to the developer. Additionally, they could conduct on -site monitoring of the tree removal, retention and protection measures of the plan and, do on -site monitoring during construction and post - development. They could also assist the city in any citywide canopy assessment, review any tree permits, do post -construction on -site tree replanting areas to assure they are being taken care of, and have oversight on any off -site replanting areas. The Tree board members with LID experience could monitor construction activities on a regular basis to assure plan requirements are being met. What I have mentioned may not be all the activities they could participate in, but whatever their responsibilities are, they will relieve the Director in many ways so that person can do other job -related duties and remove some of the "one person" discretion regarding the application of the overall tree code. Thank you for your diligent consideration of my recommendations. Duane Farmen Seaview resident From: Richard Senderoff Sent: Tuesday, March 9, 2021 2:32 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Lien, Kernen <Kernen.Lien @edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov> Subject: About the Tree Code Focused on New Development Dear Councilmembers, I am unable to watch or speak at tonight's Council meeting due to another commitment. But wanted to share my thoughts on the Tree Code. First, I understand the Council's interest in moving a Tree Code forward. But simply checking the box with something entitled "Tree Code" won't cut it. While I can't speak for the entire Edmonds environmental contingency, I am aware that many are concerned about the process and the current product. In fact, the Legacy Tree ordinance (which I support) is more restrictive for private property owners, than the current Tree Code focused on new development is for developers; this is primarily due to the extensive number of "exceptions". As such, the code is very complicated & confusing. And for this reason it will ultimately be subject to interpretation Edmonds City Council Approved Minutes March 9, 2021 Page 29 by the Hearing Examiner, regardless of Mr. Lien's interpretation or the apparent "spirit" of the exceptions. Furthermore, the fines for violations are much too small to have any impact on developers. The homes being built in Edmonds currently are mostly multimillion dollar McMansions; not exactly affordable housing, but that's a different issue. Anything that complicates or lengthens the building process will simply be perceived as a nuisance and the fines will be regarded as the cost of doing business and meaningless relative to the value of the homes being built... "Time is money." Second, it should be recognized that tree management, stormwater handling, and housing plans are all related and each of these elements need to be addressed holistically. And a holistic process should have begun with Council holding study sessions or a retreat to collectively assign congruent goals/objectives for each of the aforementioned elements. Only then could Council evaluate/amend the draft codes against a common set of objectives/goals. Finally, I understand that Mr. Lien (and others) has spent a great deal of time on this code. But my recommendation is to postpone/table the current Tree Code, until Council can collectively and holistically identify objectives/goals that provide a basis for assessment/measurement. Sincerely, Rich From: Duane and Sue Hoekstra Sent: Tuesday, March 9, 2021 1:49 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: SINGLE FAMILY ZONING CHANGE To Edmonds City Council Members, After working in Seattle and residing in the Alderwood Manor area and Lynnwood for 20 years I moved to Edmonds. I chose a single family area of Edmonds because buildings were not crowded which enabled the enjoyment of a reasonable yard and a friendly community with an appealing business area within a few miles. I have lived in Edmonds for the past 38 years and have enjoyed the amenities of the area. I feel the change in zoning would seriously eliminate many of these attributes and destroy the attraction that draws people to and has people wanting to stay in Edmonds. Edmonds City Council Approved Minutes March 9, 2021 Page 30 The changes in zoning would not only destroy the appeal of Edmonds but would reduce the vegetation and pervious surface which affects the watersheds and runoff that has to be considered when increasing the population and density of an area. There is traffic and street parking among other adverse problems to also consider. The proposed zoning change would eliminate one of the main reasons people want to move to Edmonds and remain a resident here. I strongly oppose the proposed single family zoning change. Duane Hoekstra Edmonds, WA 98026 From: Joan Bloom Sent: Tuesday, March 9, 2021 11:58 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Doherty, Patrick <Patrick.Doherty@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Agenda item 9.1 Analysis of Direct Hire vs Contracted Social Worker Council, Tonight you will be discussing staff's recommendation to contract for the Social Worker/Community Support Specialist position. I urge Council to follow staff's recommendation and also consider contracting with an outside agency, indefinitely. Five reasons to contract with an outside agency for this position 1) Reduction of liability risk to the City of Edmonds From "Liability considerations" p. 161 of your packet: "If this work was contracted these interactions would be largely free from public disclosure requirements." There are other important "liability considerations." Under the Involuntary Treatment Act, healthcare professionals must report an individual who presents an imminent danger to themselves or to others, or is gravely disabled, for evaluation by a designated Mental Health Professional (MHP) for possible emergency detention. Clinicians are also required to report suspected abuse or neglect to Child Protective Services when a child is involved, or to Adult Protective Services when a vulnerable adult is involved. Edmonds City Council Approved Minutes March 9, 2021 Page 31 The City of Edmonds could be liable should a direct hire social worker fail in their "mandatory" duty to report and a client they are working with subsequently harms themself or others, or if suspected child or vulnerable adult abuse or neglect are not reported as required. (2) Reduction of cost of the position if contracted out In addition to the added insurance cost of a direct hire, money can be saved on salary with a contracted position. The salary range for the Council approved position starts ABOVE the MAXIMUM pay offered for a MASTER's level position at Compass Health. Here's the breakdown: A Compass Health position for a Child and Family Therapist requires a MA/MS/MSW Degree in a Behavioral Science related field. The salary range for the Compass Health position is $40,622/year to $75,129.60/year. In contrast, the Council approved position requires a Master's degree and two (2) years' experience OR a Bachelor's degree and five (5) years' experience. The Council approved salary range for the Social Worker/Community Support Specialist is $79,488/year to $98,592/year (3) With a contracted position, those served will receive comprehensive services from a team of specialists. Those at high risk are best served by an agency organized to provide specific services, document consent to care, ensure privacy of personal information (except in event of mandatory reporting responsibilities), provide individual and family therapy when needed, assist with follow through with recommended treatments, and ensure access to services available to them. (4) The seven page job description is unrealistic, a set-up for failure, and puts the social worker hired at risk This job description is written for an entire department of clinicians. It is not possible for one Social Worker/Community Support Specialist to successfully perform all of the tasks listed in this job description. The following is a fraction of the innumerable responsibilities assigned to this position. • "This position functions predominantly as a case manager" serving "at -risk populations within Edmonds who are dealing with issues such as housing stress or homelessness, addiction, mental or behavioral health challenges, disabilities, isolation," Edmonds City Council Approved Minutes March 9, 2021 Page 32 c "will directly contact and/or accompany emergency medical responders and/or law enforcement on patrol" under "Hazards", "May involve contact with individuals resistant to service, exhibiting difficulty or hostility in being approached or engaged." • "Monitor contact behaviors and progress" "schedule contacts appointments, visit and observe residences." In other words, visit "contacts" in their homes. As well as: Develop "Collaborative working relationships with Edmonds Police Department personnel, South Snohomish County Fire and Rescue personnel," and innumerable other agencies and services, as well as the "court system." (5) The City of Edmonds is not, and should never become, a social service agency I hope that all of the reasons I have given above will help Council members to understand the complexity of serving at risk populations. City government is not equipped to provide such services. The best the City of Edmonds can do is refer Edmonds residents in need to agencies that ARE equipped to help them. Regards, Joan Bloom References: 2-23-21 Council agenda packet, job description on p. 200-210: http://edmondswa.igm2.com/CitizensLF!Ieopen.aspx?Tvpe=I&ID=2793&lnline=True Child abuse or neglect reporting requirements https://www.dcvf.wa.gov/safety/mandated-reporter Vulnerable adult abuse or neglect reporting requirements htt_ps://www.dshs.wa.gov/altsa home-and-community-services/reporting-abuse-mandatory-reporter Definition of mandatory reporters htt s: www.dshs.wa, ov altsa adult- rotective-services-mandato -re orters Link to Compass Health job openings: Edmonds City Council Approved Minutes March 9, 2021 Page 33 httos://workforcenow.adP.com/mascsr/default`/mdflrecruitment/recruitment.htmI?cid=ebfeb8b6- 8d00-4895-acee- e9d00c8131ca&ccld=19000101 000001&iobld=399443&source=CC2&lang=en_US&selectedMenuKey=C areerCenter Involuntary treatment WA RCW https:Z/app.leg._WA.gov RCW default.aspx?cite=71.05.153 https:l`/www,hca.wa.gov/about-hca/behavioral-health-recoverylricky-s-law-involuntary-treatment-act Joan M. Bloom From: Jeff Thiessen Sent: Tuesday, March 9, 2021 6:04 AM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: No to Multi family zoning This proposal is at best, a half baked attempt by the city. Whomever you paid should refund any fees. You really need to look at the numbers involved - it simply is not a feasible venture for 90% of our area. And if implemented, you WILL lose your current residents. Edmonds has a feel and a theme. If your underlying motive is to change that, then go right ahead.... without me. The only thing keeping me here into and through retirement was the quality of life in Edmonds. Jeff Thiessen Edmonds WA From: J Sittauer Sent: Monday, March 8, 2021 4:26 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Housing commission policy Please slow down this process, be more transparent, and seek true citizen feedback through online town halls before making any decisions on the most important issue facing Edmonds today regarding Edmonds Citizens Housing Commission's proposed policies. Jennifer Sittauer Edmonds City Council Approved Minutes March 9, 2021 Page 34 From: Brian Duffy Sent: Monday, March 8, 2021 3:55 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: A Vote Against the Citzens Housing Commission's Proposals on Urban Density Edmonds Council, I'm writing to voice my opposition to the recent urban high density proposals by the Citizens Housing Commission. These 15 proposals would change the character of our city in devastating ways. Growth needs to be managed effectively, with serious oversight and citizen input. These proposals do not reflect the character of our city, and I don't believe they reflect the wishes of citizens. I have been a resident of Edmonds since 1975, living in the Maplewood and now Perrinville area. I cannot imagine this type of urban density in our location, and worry that the environmental impact on Perrinville Creek and other wetlands could be greatly detrimental. Please allow there to be public input and meetings on this issue before any votes are taken or decisions are made. I have seen many letters and comments on this issue in the Beacon and My Edmonds News. Please do not ignore concerned citizens. Thank you, Brian Duffy Edmonds, WA 98026 From: Mary Duffy Sent: Monday, March 8, 2021 2:59 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: A vote against the Citzens Housing Commission's proposals on Urban Density Edmonds Council, I'm writing to voice my opposition to the recent urban high density proposals by the Citizens Housing Commission. These 15 proposals would change the character of our city in devastating ways. Edmonds City Council Approved Minutes March 9, 2021 Page 35 Growth needs to be managed effectively, with serious oversight and citizen input. These proposals do not reflect the character of our city, and I don't believe they reflect the wishes of citizens. I have been a resident of Edmonds since 1988, living in the Perrinville area. I cannot imagine this type of urban density in our location, and worry that the environmental impact on Perrinville Creek and other wetlands could be greatly detrimental. Please allow there to be public input and meetings on this issue before any votes are taken or decisions are made. I have seen many letters and comments on this issue in the Beacon and My Edmonds News. Please do not ignore concerned citizens. Thank you, Mary Duffy Edmonds 98026 From: Patrick Coleman Sent: Sunday, March 7, 2021 3:23 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Duane and Sue Hoekstra <dshoek@msn.com> Subject: URBAN UPZONING of ALL SINGLE-FAMILY RESIDENCE LOTS in EDMONDS Dear City Council, I have lived in Edmonds for nearly 35 years. I moved here because of the charm of the City and for is warm, community feel. I believe that the proposed zoning changes will forever change the character and appeal of Edmonds. We don't need or want, changes in our governance that will increase population density and taxes. Please register a STONG NO from our family on the proposed zoning/tax changes. Thank You, Patrick F. and Cynthia Coleman Edmonds WA 98026 From: cdfarmen Sent: Friday, March 5, 2021 7:58 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Conservation Subdivision Design plan Edmonds City Council Approved Minutes March 9, 2021 Page 36 Dear Council Members, The following comments are focused solely on the Conservation Subdivision Design plan (CSD) In a prior presentation, Mr. Lien said there were two types of this plan, standard and flexible. Those two different design plans are not reflected in 20.75.xxx and should be appropriately included. The CSD should also be included in the table under "General tree retention requirements ...... page 7 of the proposed code. Nowhere in the proposed code does it state the percentage of tree retention for the CSD. The section on the CSD should also express that this plan is designed to encourage a form of development that conforms to the existing topography and its natural features and protects the lands natural resources such as groundwater, stream headwaters and drainages, steep slopes, woodlands, ecologically sensitive areas, and wildlife habitat. An exception should also be noted that the flexible CSD is the preferred plan when any property described in the previous paragraph exists. This should be explained to the applicant in any pre -application meeting. Every effort should be made to convince the applicant to become a partner in this conservation subdivision plan approach. Incentives are important to make CSD plan appealing to the applicant. The other options of cut and replace and cut and pay should only be considered as a last resort. The choice of subdivision types to be utilized should not be left up to the discretion of one individual in the planning department, especially in the instance of a one -of -a -kind property like the Seaview Woods. An arborist and an individual with LID background need to consult in making this decision after they, along with the lead planner, conduct an on -site inspection. Hopefully, as you continue the hard work to refine the tree code, you focus on this part of the code to assure any amendments will be effective in retaining as many significant trees as possible. Thank you, Duane Farmen Seaview Resident From: cdfarmen Sent: Wednesday, March 3, 2021 7:16 PM Edmonds City Council Approved Minutes March 9, 2021 Page 37 To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Tree code and Wildlife corridors Dear Council Members, The discussion about wildlife corridors struck a nerve with me. I totally disagree with the supposition that wildlife corridors primarily are located in critical areas. Here are some excerpts from my online research: There are two distinct types of Wildlife Corridors —either water or land. Water corridors are called riparian ribbons and usually come in the form of rivers and streams. Land corridors come on a scale as large as wooded strips connecting larger woodland areas. There was another type of wildlife corridor listed called Migration corridors. "Some species need to migrate for survival, depending on various seasons. Through corridors, such species can move back and forth safely and effectively when it does not interfere with human development barriers". Other important comments about wildlife corridors: Wildlife corridors are also known as habitat corridors or green corridors. They serve as significant and essential linkage areas that allow animals to move through the increasingly human -dominated landscapes. Corridors play an extremely important role in the maintenance of biodiversity, but they can only partly compensate for the overall habitat loss produced by the fragmentation of the natural landscape. A wildlife corridor is a link of wildlife habitat, generally native vegetation, which joins two or more larger areas of similar wildlife habitat. Corridors are critical for the maintenance of ecological processes including allowing for the movement of animals and the continuation of viable populations. The tree code needs to include a definition of what is considered a wildlife corridor. It should recognizes that there are both land and water wildlife corridors. The Seaview/Perrinville woods serves both as a land wildlife corridor and a migration corridor. And, if you really think about it, the east side of the woods is only 50 feet or so from the Perrinville creek riparian zone which is a critical area by definition in the tree code. I know personally how vital this issue is. Twenty years ago my property was certified as a wildlife habitat. I have always had an abundance of wildlife in my yard. That abruptly ended last week with the clear -cutting of the woods that were connected to my landscape. Most all my birds have left including three species of woodpeckers including the Pileated woodpecker, Edmonds City Council Approved Minutes March 9, 2021 Page 38 Stellar jays, Wrens, Townsend warblers, Bushtits, Chickadees, Spotted towhees, Nuthatches, and even the hummingbirds. I don't even have those pestering squirrels coming into my yard. Please do what is right to protect our wildlife and follow through on an amendment to add and broaden the use of the term wildlife corridor. Thank you, Duane Farmen Seaview resident Edmonds City Council Approved Minutes March 9, 2021 Page 39