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Cmd060121EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES June 1, 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 CALL TO ORDER/FLAG SALUTE STAFF PRESENT Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Jessica Neill Hoyson, HR Director Rob Chave, Planning Manager Kernen Lien, Environmental Programs 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 Fraley-Monillas 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. 4. PRESENTATIONS PROCLAMATION NATIONAL GUN VIOLENCE AWARENESS DAY Mayor Nelson read a proclamation proclaiming Friday, June 4, 2021, to be National Gun Violence Awareness Day and encouraging all citizens to support their local communities' efforts to prevent the tragic effects of gun violence and to honor and value human lives. He recognized Heather Damron, Vanessa Stedman, and Jane Weiss who were attending virtually. Councilmember L. Johnson thanked the guests for being here and for the hard work they have done. Edmonds City Council Approved Minutes June 1, 2021 Page 1 The guests thanked the City for the proclamation. Ms. Weiss said this is the sixth Wear Orange that she has participated in and she expressed her pride in Edmonds. . 2. 2021 LEGISLATIVE SESSION WRAP-UP REPORT Economic Development/Community Services Director Patrick Doherty introduced Legislative Lobbyist/Strategist Debora Munguia. Ms. Munguia reviewed: • Legislative Overview 0 105-day biennial budget legislative session ■ Operating, Capital and Transportation Biennial Budgets Adopted ■ Sine Die April 26, Governor has 20 days to sign bills (May 19) o Democrats have a 28-21 majority in the Senate and a 57-41 majority in the House. o Mostly remote session with major themes: ■ COVID Relief + Economic Recovery ■ Climate Action and Resiliency ■ Advance Racial Equity o Big Issues: ■ Capital Gains Tax ■ Working Families Tax Exemption ■ Police Accountability R Cap and Trade, Low Carbon Fuel Standard R Changing penalties for drug possession (response to Blake decision) R Banning open carrying of guns at protests and on state Capitol grounds ■ Wildfire prevention and forest health funding ($130.4 million) R Fair Start for Kids Act - SB 5237 Ms. Munguia provided an overview of the 2021-23 Budget • Operating Budget (ESSB 5092) o $59.2 billion in state revenue R $10.6 billion in federal stimulus funds ■ One-time allocations include: - $1.1B - Stabilizing K-12 schools (reopening, learning loss, etc.) - $ 1 B - Public health (vaccine deployment, contact tracing and testing, etc.) $658M Extending the state's rental assistance program $528M Childcare grants and provider rates - $500M Unemployment Insurance benefit relief $340M Grants to adults unable to access COVID 19 benefits due to citizenship status - $187M Foreclosure prevention for individuals under 100% area median income $170M Family leave during the pandemic ■ Capital Budget (SHB 1080) o $6.3 billion appropriated, $82 million is reserved for a supplemental ■ $258,000 to the City of Edmonds for Edmonds Marsh restoration (LCP) a $500,000 for Willow Creek at Marina Beach Park (ALEA) R $500,000 for Marina Beach Park Redevelopment (WWRP Local Parks) .R $250,000 for the Waterfront Center (LCP) ■ $200,000 for the Edmonds Boys & Girls Club planning and upgrades (LCP) + $258,000 for the Civic Park Mika's Playground (LCP) + $412,000 to the WA State Arts Commission for Creative Districts Capital Construction Projects (Section 5169) Edmonds City Council Approved Minutes June 1, 2021 Page 2 ■ $175 million for Housing Trust Fund, $174.9 million for other state programs that support affordable housing and shelter capacity ■ $411 million for grants and loans to improve and expand broadband access ■ $327 million for infrastructure ($129 million for PW Board) o WRIA 8 Priorities: ■ $52.8 million for Puget Sound Acquisition and Restoration ■ $80 million for Salmon Recovery Funding Board $70 million for Floodplains by Design ■ $15.7 million for Estuary and Salmon Restoration Program ■ $100 million for WWRP ■ $6.6 million for ALEA ■ $26.8 million for the Fish Barrier Removal Board Transportation Budget (SSB 5165) o $11.8 billion in appropriation authority to maintain current level ■ Transferred $6.5 million from Waterfront Connector project to SR 99 Project ■ Proviso giving City first right of purchase of Unocal Marsh property from State ■ $1 billion from federal ARPA funds, using $400 million for fish passage barrier removal if allowable ■ $6.9 million for alternative fuel vehicle charging and refueling ■ $5 million for green transportation capital grants to help transit agencies * $10 million new funding for Safe Routes to School and Ped/Bike safety programs ■ $4 million for a new cadet basic training class to graduate in June 2023 ■ $1 million to WSP to address bills related to police tactics, use of force, etc. o Both LCFS and Cap and Trade linked to a 5 cent gas tax increase for a transportation revenue package by 2023. Special session for transportation revenue? ■ Senate "Forward Washington" is a 16-year, $17.8 billion investment plan ■ Includes $22.5 million for SR 99 Revitalization Project ■ House "Miles Ahead" is a 16-year, $22 billion investment plan Ms. Munguia also reviewed: • Climate Action & Resiliency o SB 5126 -Adopting the Climate Commitment Act o HB 1091 - Establishing a clean fuel standard, joining Oregon, California and BC ■ Referendums filed on both o SB 5022 - Improving our recycling system and eliminating tons of Styrofoam from our waste stream o SB 5253 — If a public works project includes landscaping, at least 25% must be pollinator habitat to the extent possible. o HB 1050 - Establishing thresholds to reduce GHG emissions from fluorinated gases and address refrigerant emissions o HB 1287 - Preparing for a zero -emissions future by planning upgrades to electricity supply and charging infrastructure o SB 5000 — Creates an 8-year pilot sales/uses tax exemption program for hydrogen fuel cell EVs. • Police Accountability/Justice Reform o HB 1267 — new Office of Independent Investigations, police use of deadly force o SB 5051 — decertification of law enforcement officers o HB 1054 —police tactics o HB 1310 — new standards for police use of force o SB 5066 — officer duty to intervene o SB 5259 — data on use of deadly force Edmonds City Council Approved Minutes June 1, 2021 Page 3 o $20M one-time finds distributed to cities related to police reform bills Housing/Homelessness o Over $1.7 billion in the state budgets for affordable housing and homelessness o HB 1277 - New permanent fund source for eviction prevention and homelessness interventions ($100 document recording fee) o SB 5160 - Right to counsel for low-income tenants facing evictions o HB 1236 — Eviction reform, no more 20-day, no -cause eviction notices o HB 1220 — Supports emergency shelters and housing through local planning and development regulations. o SB 5287 — Authorizes a 12-year extension of existing 8- and 12-year MFTEs that were set to expire; qualified residents must be provided with relocation assistance. Establishes a new 20- year exemption for permanent affordable homes. o HB 1070 — Expands allowable uses of revenue from local sales and use tax for housing and related services, adds acquisition of facilities or land. State v. Blake Decision o In a 5-4 decision, the state Supreme Court found the state's simple drug possession law unconstitutional because it didn't require prosecutors to prove a person knowingly or intentionally had drugs. o SB 5476 makes possession of drugs such as LSD and heroin a misdemeanor instead of a felony. It also funds and prepares for a transition to a more treatment -centered system for addressing substance use disorder. o The first and second time a person is caught with drugs, officers must refer the person for assessment and services rather than arresting them. o A committee of experts will study the issue and make recommendations to the Legislature for a more permanent approach in 2023. o $83.5 million in the budget to help state and counties manage the legal impacts of the Blake decision, and another $88.4 million to help establish the new programs. Of the $88.4 million, $4.5 million will go to the AOC to help enhance municipal and district therapeutic courts. Edmonds Requests o Move $6.5 million from Waterfront Connector project to Highway 99 transportation improvement program - Accomplished o Earmark up to $8.175 million to facilitate transfer of former UNOCAL site from WSDOT to an agency - $258,000 earmarked for this project Local Government Priorities o Adopt a new transportation revenue package — stay tuned o Provide cities with greater fiscal flexibility HB 1069 signed May 13. — Allows revenue from CJ Assistance Accounts to supplant existing funds — Allows sales/use tax for chemical dependency or mental health treatment to be used for modifications to existing facilities to address health/safety needs related to CH or MH. — Reduces restrictions on the allowed use of CJ sales taxes and REET taxes through December 31, 2023. — Increases the amount of time a water and electricity or sewage lien can be applied after the declaration of an emergency by the Governor that prevents collection ■ HB 1189 authorizes local governments to designate tax increment financing areas and to use increased local property tax collections to fund public improvements Looking Ahead and Next Steps o Special session later this year? o Legislative Delegation Meetings o Develop 2022 Legislative Agenda Edmonds City Council Approved Minutes June 1, 2021 Page 4 Council President Paine commented the legislative session was very successful. She expressed interested in analysis of MFTE. She asked if there was any talk about adding support for road from electric vehicles, observing there were more and more electric vehicles and the gas tax was declining as a result. She clarified she was not suggesting removing the gas tax as it was a stable funding source. Ms. Munguia said the gas tax is not a stable source which is why existing transportation revenues need some help. The state does not have a sustainable revenue sources to maintain the current projects. The proposals from both the House and Senate included an increase in the gas tax as well as a road usage charge due to electric vehicles. There is an emphasis in the budget on creating more infrastructure for electric vehicle such as requiring publicly funded projects include more charging stations. There is also a pilot project with hydrogen fuel cells which are already operating in California. A hydrogen fuel cell station is similar to a gas station and it only takes a few minutes to charge an electric vehicle. That may be easier with the existing infrastructure. Senator Hobbs and especially Representative Fey, who chair the House and Senate Transportation Committees, are interested in doing things in an environmental manner. Councilmember Buckshnis expressed appreciation for all the work Ms. Munguia did providing detailed legislative updates. They were very helpful and allowed her to share information with citizens. She was happy about WRIA 8 priorities. She inquired about Senator Salomon's bill regarding armoring and asked if ports were exempt. Ms. Munguia offered to look into it. Councilmember Buckshnis said she would forward her a question regarding that issue. Councilmember Buckshnis inquired about another bill related to salmon and changing the State Comprehensive Plan. She asked what "yes" and "no" mean on the list of bills. Mr. Doherty advised that is related to whether the City is in support or not and if it is a blank, it is not a priority. Councilmember Buckshnis offered to forward her questions regarding bills to Ms. Munguia. Councilmember Buckshnis relayed the Puget Sound Partnership, Salmon Recovery Council and WRIA 8 are interested in a few of the bills and she would like to get more information. Ms. Munguia relayed Representative Lekanoff s bill 1177 did not pass but she believed something was included in the budget. Councilmember Fraley-Monillas thanked Ms. Munguia for her work on Highway 99 and moving the money from the from waterfront connector to Highway 99. She asked Ms. Munguia to let her know if there was any way she could assist such as contacting or meeting with legislators to talk about Highway 99. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE AGENDA AS FOLLOWS: CHANGE COUNCIL BUSINESS #8 TO UNFINISHED BUSINESS, WITH THE FOLLOWING AGENDA ITEMS: 8.1 PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS, 8.2 STATE 2 TREE ISSUES, AND 8.3 RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE; AND ADD AGENDA ITEM 9 NEW BUSINESS WITH THE FOLLOWING AGENDA ITEMS: 9.1 DISCUSS COUNCIL APPROVAL FOR CLOSURE OF RIGHTS -OF -WAY, 9.2 AMENDMENT ECC 10.80 SALARY COMMISSION, AND 9.3 PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR" DINING" AND A RELATED SECTION IN CHAPTER 17.70 ECDC. COUNCILMEMBER K. JOHNSON FURTHER MOVED THAT ITEM 10, MAYOR'S COMMENTS, PRECEDE ITEM 11, COUNCIL COMMENTS. Councilmember Fraley-Monillas suggested taking the proposed changes one at a time. Edmonds City Council Approved Minutes June 1, 2021 Page 5 Councilmember Buckshnis suggested first determining if the Council agreed to change Council Business to Unfinished Business and New Business. Councilmember K. Johnson said she sent an email outlying the proposed changes to each Councilmember. She explained under the draft Rules of Procedure, the City Clerk proposed the order of business for regular meetings as follows: 1. Call to Order, Flag Salute 2. Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6. Public Comment 7. Approval of the Consent Agenda 8. Unfinished Business 9. New Business 10. Mayor's Comments 11. Council Comments 12. Executive Session, if needed 13. Adjournment Councilmember K. Johnson recommended the Council follow these long-established procedures that are outlined in the Council Rules of Procedure. Councilmember Fraley-Monillas preferred at this late date and since it had not been brought up in advance, moving forward with the agenda as scheduled and to discuss this next week. She anticipated it could take 45 minutes to the approve the agenda and she preferred to get some work done instead of moving agenda items around. She did not see the purpose of moving agenda items around tonight and encouraged Councilmember not to support the motion. Council President Paine pointed out there were a couple of time sensitive agenda items, 8.1 Amending ECC 10.80 Salary Commission, and 8.4 Planning Board recommendation to approve an amendment. Those two items need to be considered earlier on the agenda due to the potential for items to be postponed to a future meeting. She preferred to leave agenda as is because it was what Councilmembers prepared for and it was the way the packet was ordered. Councilmember L. Johnson concurred with Council President Paine. Though the information was sent to Councilmembers ahead of time, it was sent just minutes before the meeting which required Councilmembers to consider the change during meeting. She preferred to have time to consider the proposal and to proceed with the meeting as scheduled, particularly as there are staff waiting to present agenda items. Councilmember Distelhorst pointed out the agenda included a number of items that have been postponed from previous agendas. The Council only has three hours per week to transact business and could use this time to get through business that has been delayed. He preferred to work through the agenda and get some work done. Councilmember K. Johnson reiterated her position, stating this was a proper way to proceed and she has given advance notice to Council President Paine. The reasons agenda items are being continuously postponed is because the Council does not have enough time. The Council needs to address unfinished business before new business and if the Council spent less time talking, that could be achieved. She also wanted to add a new agenda item that was proposed by Councilmember Olson, Council Approval for Edmonds City Council Approved Minutes June 1, 2021 Page 6 Closure of Rights -of -Way. Even if the Council did not want to follow proper procedures, she wanted to add that to the agenda. Mayor Nelson requested Councilmembers keep their remarks remain respectful and refrain from inflammatory remarks regarding whether the Council was following proper procedures. Councilmember Fraley-Monillas reiterated her support for moving forward. She did not have an opportunity to read the email before meeting and doing it at the last minute did not make sense and just took more time. She encouraged Councilnetnbers to vote against the motion and if an item needed to be added to the agenda, that could be done via a separate motion. UPON ROLL CALL, AMENDMENT FAILED (3-4); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD TO THE AGENDA COUNCIL APPROVAL FOR CLOSURES OF RIGHTS -OF -WAY. Councilmember Olson said it was in the City's interest to have a robust conversation when rights -of -way are closed and to have Council approval. This was something the Council needed to talk about and she hoped it could be added to the agenda so that conversation could occur. This is a bigger issue than the specific closure that was before the Council recently, it is related to all street closures. Councilmember Fraley-Monillas agreed the Council probably needed to look at this long-term, but the fact that the City received 3,000 comments regarding the street closure indicated there had been transparency and there had been public input. She welcomed the discussion long term but was not interested in having a debate tonight without any notice. Councilmember Buckshnis expressed her total support. In the interest of transparency, she supported putting it on the agenda so individual Councilmembers could express their opinions. Council has not been given sufficient opportunity to speak about things such as rights -of -way and there have been questions about the surveys. She supported putting it on the agenda to determine where each Councilmember stands on this issue, noting it has caused a lot of tension, uncertainty and stress among many people. Councilmember L. Johnson commented this was coming to the Council at the last minute and it seems fairer to allow Councilmembers to prepare for such discussions. She agreed this had widely discussed but it was not just about Walkable Main Street. She feared requiring Council approval to close rights -of -way was opening an enormous door. Councilmembers deserve an opportunity to do their homework, thoroughly consider what that may entail, and come to the meeting prepared and not just speak to opinion. For those reasons, she did not support having that discussion tonight, but as Councilmember Fraley-Monillas said, it is likely something the Council needs to discuss at an upcoming meeting. Councilmember Olson clarified she planned to ask the City Attorney to bring back a resolution, assuming there would be Council support for that, so there would be another 1-2 weeks to prepare. If the motion fails, she will request the Council President put it on next week's agenda. Councilmember K. Johnson suggested there could be three points of contact for the Council, first having it on the agenda for discussion followed by several other contacts. She was uncertain how the Council could discuss something without first putting it on the agenda. She supported Councilmember Olson's request 100%, if not tonight, then next Tuesday. Edmonds City Council Approved Minutes June 1, 2021 Page 7 Councilmember L. Johnson commented if the Council were to have this discussion and direct the City Attorney, she needed an opportunity to do her own research and come to the meeting prepared instead of a free-for-all conversation and directing the City Attorney based on that discussion. That is not a good use of limited meeting time and Councilmembers deserve the opportunity to come to the meeting prepared. Council President Paine said she also would like this to be better organized. It can be scheduled on the agenda at some point, but she was concerned with putting it on the agenda with an assumption for a means to an end rather than deciding if there is a need. It will be necessary to have an assessment first to see if there is a need; she was unsure there was a need. Councilmember Distelhorst said he had been contacted a number of times regarding this and provided the same answer, that there needs to be research of how rights -of -way are handled in other cities. There are a lot of examples in surrounding and other Puget Sound cities regarding how this is handled and that research needs to be done first so there can be informed decision making as part of the discussion. Once that research is done, he was very supportive of looking at how the City's code may the same or different and how that issue can be handled. Councilmember Fraley-Monillas commented three Councilmember seem to have known this was coming up; she did not other than quickly reading through her email and seeing the subject lines. She preferred to have more information before putting it on the agenda. She agreed it was good to look at this long term but she assumed it had been raised due to the immediate issue. She expressed interest in the survey responses which are an important component of this. She agreed with researching what other cities in the area are doing. Making assumptions that the Council should control this feels like the Council is jumping into the administrative role although she understood that this could potentially be legislative. She wanted further information on the matter before discussing it. Although there was validity to the issue, it was not enough to warrant discussion tonight. She pointed out it is now 7:51 p.m. and the Council has not yet approved the agenda. Councilmember K. Johnson pointed out the proposed procedures states an item may be placed on the agenda by majority vote or consensus of the Council. She did not want to debate the merits of the agenda item or what information Councilmembers needed, she only wanted to have it placed on the agenda for discussion when the Council reached that agenda item. COUNCILMEMBER L. JOHNSON CALLED THE QUESTION. VOTE ON THE CALL FOR THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, AMENDMENT FAILED (3-4); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. MAIN MOTION CARRIED (6-1); COUNCILMEMBER K. JOHNSON VOTING NO. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Linda Ferkingstad, Edmonds, referenced the tree ordinance that the City Council approved that requires landowners pay for an arborist assessment of each tree above 24" DBH that needs to be removed to build a home and then pay the amount of the tree's worth to the City. The City's charges, takings or taxes begin at $3300 for each 24" tree to $12,000+ for larger trees. The City is taxing Edmonds property owners 100% for the worth of their trees before they are allowed to divide or build on property, trees that belong to the property owner, not the City. The City soon plans to apply this tax to all Edmonds homeowners. The City Edmonds City Council Approved Minutes June 1, 2021 Page 8 has violated property rights afforded by the U.S. Constitutions 5"' and 14"' amendments, illegal takings clauses, facilitated an illegal governmental taking of the worth of property without compensation, taxation without representation. They like trees and purchased over an acre filled with trees to build three modest homes with views of Puget Sound. They planned to retain 50% of the trees on their property, 20% over Edmonds' requirement, yet they are still subject to a 100% tax for the worth of every tree above 24" removed, totaling $250,000. The only option to reduce this tax is to remove fewer trees, a tree tax of $170,000 that requires the three homes be placed 10' apart, reducing privacy and the Puget Sound views, decreasing their value more than the $80,000 it would save. Ms. Ferkingstad explained the tree ordinance tax, delays in the permit process and moratoriums have increased the cost of building their homes 20-30%. They have lost time and money and most importantly, their dream of living next to her now 86 year old parents who were 82 when they first met with City planning. For three homes, they have already spent $100,000 to comply with City requirements and now have a tree tax of $250,000 and will probably pay an additional $100,000 for each home due to rising material costs, making it nearly impossible to recoup their costs. Saving trees is a commendable goal that most want to achieve. Edmonds City Council is using this goal to target property owners with an illegal 100% tax on their trees, expecting those filing the 10 land division applications in Edmonds per year to entirely fund the tree fund. If not rescinded, this tree ordinance will cost Edmonds taxpayers to defend illegal takings in court. With regard to Walkable Main Street, she anticipated most residents would change their vote to no if they knew it would hurt the businesses. She urged the City Council to listen. Greg Arnold, Edmonds, asked the goal of the tree ordinance. Mayor Nelson advised the purpose of Audience Comments was for comments, not questions. Mr. Arnold said his research had not revealed any reason for the tree ordinance and he assumed it was for environmental reasons. If that was the case, outlawing cutting and fertilizing lawns would have a much bigger environmental impact. He agreed with the previous speaker and questioned why the Council was targeting people with views. Many people who live in the bowl bought their property due to views and want to be able to trim their trees. If the tree code was an environmental idea, it was not based on science. He would like to hear the reason and the science behind the tree ordinance. Natalie Seitz, Edmonds, commented on the City's intent to regulate trees on private property, specifically a memorandum/information developed by the City to support the Stage 2 Tree Issues discussion. She did not feel the information provided in support of this agenda item was clear, balanced or provided sufficient detail about the potential impacts of the City's actions. Goal IA of the Urban Forest Management Plan (UFMP) which is quoted in two places implies that the City's current undertaking is supported by the UFMP. It is not; the UFMP clearly states for private lands, the UFMP would guide education and incentives to encourage good tree management practices. For context, Goal IA is to update tree regulations to reduce clearcutting and other development impacts. She encouraged the Council and anyone listening to read the goals on page 8 of the UFMP if there were any concerns about her statements. The memorandum also states interest was expressed by members of the Planning Board, City Council and public in expanding tree regulations as justification for the current action. The memo does not include any indication of the feedback provided during the development of the UFMP which clearly states public engagement on urban forest issues has demonstrated that the public is generally satisfied with the City's activities on public property, but prefers to have the City only provide guidance and education as opposed to regulation when it comes to stewardship of trees on private property (page 56). Ms. Seitz said the memo appears to unbalanced because it selectively chooses what feedback to include and does not include any of the public feedback information from the UFMP. It is not fair, transparent, or good public practice for the recent view of the Planning Board, City Council and select public referenced in the memo to outweigh the entirety of the UFMP process and public outreach. Page 2 of the memo lists six options for regulating the maintenance of private trees and she questioned why it did not include a no action Edmonds City Council Approved Minutes June 1, 2021 Page 9 alternative. Having decided on a whim to do this with an emergency ordinance, she questioned why the Council could not decide it is a flawed idea and presented that as an option. She suggested including more options that target tin -treed properties. as they are clearly the source of the tree canopy coverage. Generally environmental stewardship laws try to target the polluters and not those involved in beneficial stewardship which is why these types of regulations backfire. She referred to the paragraph regarding equity issues that only scratches the surface on the effects of requiring tree retention in less developed, poorer properties and spending more than a page discussing view corridors. (Written comments submitted to Pub]icComment@Edmondswa.gov are attached.) APPROVAL OFT HIE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING/BUDGET RETREAT MINUTES OF MAY 8, 2021 APPROVAL OF COUNCIL MEETING MINUTES OF MAY 25, 2021 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 8. COUNCIL BUSINESS AMENDING ECC 10.80 SALARY COMMISSION HR Director Jessica Neill Hoyson explained there are two primary amendments, 1) changing the regular cycle of the Salary Commission from every two years to every four years, and 2) selecting Salary Commission members in the year in which the Commission meets. The Commission has had fairly consistent recommendations with regard to changes in compensation for the Mayor and City Council, but a significant amount of staff hours are needed to support the commission. That seemed to indicate a four- year cycle would utilize the City's resources more effectively. Councilmember Buckshnis asked why these changes were being proposed now, relaying that a lot of people are wondering why the Council is the topic of many procedures. The last Salary Commission recommended creating a job description and said the salaries were not cornmensurate with the amount of work. The Salary Commission did not interview all Councilmembers and did not interview her when she was Council President in 2014. She questioned the estimate of 150 staff hours, noting although that was a lot, it was spread over two or four years. When she inquired about the estimate, she was told the City did not dedicate that much time to the commission. She reiterated her question of why now. Ms. Neill Hoyson answered it seem appropriate to do it now coming out of COVID and possibly holding Council and Mayor salaries flat while the City's financial resources are determined. She was uncertain who Councilmember Bucksbnis spoke with regarding the time allocated to the commission; she spoke with those who actually did the work, staff that supported it and the consultant as well as the former HR Director and all confirmed the amount of staff time required to support the commission. She acknowledged it was an estimation as staff did not keep track of the exact hours; the estimate was 5-10 hours/week beginning in March. Councilmember Buckshnis asked why the commission's recommendation to develop a job description was not followed. Ms. Neill Hoyson responded it would be very odd to have a job description for Council; she was unaware of any other cities that have a Council job description as Councilmembers are not employees. If the intent of a job description is to more accurately compare the work the Edmonds' Council does to other comparable cities, a job description is unlikely to achieve that. Councilmembers' duties are outlined Edmonds City Council Approved Minutes June 1, 2021 Page 10 in the RCW; every City and Council does that differently and every Councilmember does that work differently and may devote different amounts of time. A job description would just restate what the Council is authorized to do per the RCW and would not address compensation issues versus an employee where the job description identifies level of authority, years of experience, education requirements, independence, etc. While she understood the commission said a job description would be helpful, she disagreed. Councilmember Buckshnis commented there were four new Councilmembers last year and she recalled a Councilmember saying it would have been beneficial to have an understanding of the roles of Council President. Many things could be included in a job description, not just related to compensation. The commission spent a lot of time and provided some examples and she was concerned the City was not pursuing their recommendations. Council President Paine raised a point of order, requesting Councilmember Buckshnis speak to the content and not the experience of other Councilmembers. Councilmember Buckshnis said she was speaking about the legacy of why a job description would be helpful. Council President Paine expressed concerned about equity and whether this has gone through an equity analysis with regard to the pay and the salary structure. She was not opposed to the proposed changes, but felt there needed to be an equity analysis. Compensation changes have been consistent over the years, but it does not provide information about who is able to be part of the City Council. She recalled comments in the commission's past reports that the pay is fairly low so the result is hobbyists rather than valuing the time. She supported doing an equity analysis as part of the next Salary Commission's work. Councilmember Fraley-Monillas observed the Salary Commission meets every two years. Ms. Neill Hoyson advised the current code requires the commission met every two years in odd numbered years. Councilmember Fraley-Monillas relayed the Council does not have to accept the commission's findings. Ms. Neill Hoyson answered once they are submitted to the City Clerk, the Council has no authority to accept or reject their proposals. Councilmember Fraley-Monillas recalled at one point the Council disbanded the Salary Commission due to an unwillingness to accept their recommendation for an increase. The ability for Councilmembers to do the job is for the voters to decide; there is no measurement too] because Councilmembers are not City employees. She agreed the salary was low, recalling $0.19-0.20/hour was suggested, but it is not necessarily something that people do for the money. However, unless a Councilmember has another source of income, they cannot afford to be on Council. Someone working full- time may not be unable to participate in everything the Council does. Councilmember Distelhorst expressed support for an equity analysis, noting a lot of work is occurring in the City related to evaluating departments, and it would be appropriate to apply this to that work. He asked how four years was determined rather than three, noting four years seemed like a long time. With regard to continuity of membership and not having to reinvent that process, commissioners can serve two terms but as proposed essentially everyone would be up for reappointment. Ms. Neill Hoyson answered the term would only be during the time the commission meets because there is no work for them to do outside of when they meet to establish salaries of elected officials. Having commissioners in their position only during the time the commission is meeting is administratively more manageable. With regard to four years, that seemed like a reasonable amount of time given the history of consistent changes, often no changes. Reappointment to two terms is established per RCW. Councilmember L. Johnson commented while serving and prior to serving it was hard to ignore that a certain level of privilege was required to serve on Council which results in at least to some degree a consolidation of power among a somewhat similar subset of the community, leaving out a large subset of the community. The City is working on using an equity lens across the board in the City While she appreciated that the administration was additionally burdened right now especially with COVID and that Edmonds City Council Approved Minutes June 1, 2021 Page 11 resources were stretched, she was concerned with pushing this off without a clear picture of how to apply an equity lens so who is represented on Council can be expanded. She hoped to continue this discussion and come back with a broader picture of what this might look like. Councilmember Olson questioned the urgence of this action. It seemed that the Salary Commission members learned of this by Councilmembers asking them questions versus staff consulting them. She recalled Ms. Neill Hoyson mentioning she spoke with the consultant and staff and suggested input from the commission may be of value. Ms. Neill Hoyson said staff did not speak to any current commissioners regarding the proposed change. The urgency is if the commission convenes this year, it needs to happen in July which will require notifying people about appointment to the commission; several commissioners' terms expired at the end of last year. Councilmember Olson asked if former salary Commission members were contacted. Ms. Neill Hoyson said no Salary Commissioners were contacted. Councilmember Olson appreciated staff considering a three or four year meeting cycle, agreeing a two-year cycle may be a bigger use of resources. She referred to language she provided to staff and bcc'd to Council regarding continuity. City Attorney Jeff Taraday observed a majority of Councilmembers have raised concerns about equity and making the City Council positions more accessible to a broader array of community members by making it more of a living wage. It is unlikely a Salary Commission would get the Council to that place based on previous Salary Commissions' results. If that is the direction the Council wants to go, the path would be to disband the Salary Commission, have the Council set salaries for future Councilmembers, not their own, and they can be set as high or as low to accomplish those policy aims. That is allowed under state law because the Council will not be setting its own salaries. If the Council wants to undertake an equity approach to the Council salary, that is the way to accomplish it. Ms. Neill Hoyson agreed if the Council's intent was a full-time living wage for Councilmembers, convening the Salary Commission this year would not achieve that. Councilmember Buckshnis recalled the Salary Commission was disbanded in 2014. If the Salary Commission is disbanded and the Council sets its own salary, she asked what happens to the Mayor's salary and does a Salary Commission need to be established to set the Mayor's salary. Mr. Taraday recalled the Council set the Mayor's salary. Ms. Neill Hoyson said that year that the Council disbanded the Salary Commission, the Council did not receive an increase and the Mayor was given a COLA. Councilmember Buckshnis asked if the Salary Commission meets in off years when there are no elections. Ms. Neill Hoyson answered the Salary Commission meets every two years in odd years; moving to every four years would still have it occur in odd years. If that was the intent, a three year cycle may not meet that intent. Councilmember Buckshnis recalled former Councilmember Joan Bloom was also interested in the issue of equity. She relayed Councilmembers do not do full-time work, but the salary should be more than $ l 000/month. Councilmember K. Johnson supported the way the Salary Commission was established. There were staggered three-year terms and they provided information between July 15T and September 30"'. She preferred to continue with that process and found no compelling reason to change it at this time. Because it is a five member commission with staggered terms over three years, it is possible to have two vacancies. She urged the Council to continue with the existing Salary Commission process and not make any changes at this time. Edmonds City Council Approved Minutes June 1, 2021 Page 12 Councilmember Fraley-Monillas asked when the Mayor's salary was last increased. Ms. Neill Hoyson answered the Mayor has received a COLA each year; the last one was in 2021. Councilmember Fraley- Monillas asked when it was last increased besides COLA. Ms. Neill Hoyson said she researched back to 2012 and it has only been a COLA since then. She offered to research that further. Councilmember Olson asked whether information from the commissioners could be included in the narrative next week. There has been a lot of information from several parties for consideration today, but the commissioners seems to be a missing element. That would also give Council time to think about what they have heard. Ms. Neill Hoyson asked what information she was looking for from commissioners, whether it was input on the proposed changes. Councilmember Olson answered she was interested in their perspective on sunsetting, whether continuity was of value, and the change from a two year cycle to a four year cycle. 2. PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS Development Services Director Shane Hope recalled at the May 11"' meeting the Council was close to approving a process for reviewing the Housing Commission's recommendation. At the conclusion of the May I 1", meeting it was agreed it would only take a few minutes to decide which policy ideas to consider first. She explained reviewing recommendations from the Housing Commission does not mean the Council is approving them, just that they are trying to get a fuller sense of them and determine the need for more details and other work to be done. For example, after the Council's initial review of idea, they could decide to have the Planning Board work on it further, provide the Planning Board direction or comments, variations on the idea, more details, etc. For the policy recommendation that do not require Planning Board review, the Council could direct staff to return with more detailed information. Ms. Hope explained at the May 11 "' meeting, Councilmembers were split on Option 1, divide the work first, or Option 2, start simple. A hybrid of the approaches was possible and Council could even have a study session later this month to review a short list of items. In a hybrid approach, Council could divide up the work and refer some things to the Planning Board this year, knowing that all Planning Board recommendations will come to the Council for further work and final decision, and address a couple things that do not need Planning Board input. The remaining items, especially the more complex ones, could get started later, probably in 2022. In that approach, the Council could begin with 2-3 items of low to moderate complexity for the Planning Board to start working on this year and maybe one item the Planning Board could work on after a budget allocation. For the Planning Board this year, the Council could do an initial review of a short list of recommendations. Ms. Hope disla ed the Housing Commission licy Aspects Table: Housing Commission Subject to PB Level of Need for Est. Min. Time Policy Review Complexity Outside For PB Consultant consideration Missing middle housing Yes High Probably not 4-6 mo. in single family neighborhoods Equity housing incentives Yes High Probably not 4-6 mo. Medium -density SF Yes H igh Probably not 4-5 mo. housing Neighborhood village Yes High Yes 8-9 mo, subarea planning Cluster/cottage housing Yes Moderate Probably not 4 mo. Detached accessory Yes Low No 3 mo. dwe I I i ng units Edmonds City Council Approved Minutes June 1, 2021 Page 13 Multi -family tax No Moderate Probably not exemption MFTE) Inclusionary Zoning Yes High Probably not 4-5 mo. Existing Sales Tax for No Low No Affordable Housing County Sales Tax for No Low No Affordable Housing HASCQ ILA No Law No Development of Housing No Low No Partners Multi -family design Yes Moderate Probably Yes 4-5 mo. standards Parking Solutions as Yes Moderate No, not at this 2-4 mo. Comp Plan goal Low stage No Discriminatory No Provisions in Covenants & Deeds Note: Est. time for PB consideration includes the PB process and simultaneous staff time. Some of the policies, such as items 6 and 7 above, could be considered together Ms. Hope explained the most likely items for a short list of ideas for initial review seem to be: ■ Detached accessory dwelling units (low complexity) • Cluster/cottage housing (moderate complexity) • Multi -family design standards (moderate complexity) • Neighborhood village subarea planning (high complexity and likely will need a budget allocation) Ms. Hope explained the Council could also work on non -Planning Board items later this year by considering: • Discriminatory provisions in covenants & deeds (low complexity) • Development of housing partners (low complexity) In 2022 after the Planning Board begins work on a short list, the Council could review the remaining ideas and provide direction/comments to the Planning Board. The Planning Board would do their work and provide recommendations to the City Council for further consideration, public input, Council changes, final decisions. Ms. Hope said if the Council concurs with this approach, staff will work with the Council President to schedule an initial review of the short list of items, possibly at a special study session this month. A study session, open to the public, would allow a more focused look without other City business on the agenda. If a study session is not possible, it will be worked into the Council's regular agenda. She asked for Council input on, 1) whether the Council agrees with staff bringing back the short list of items to Council for initial review, and 2) is the Council willing to have special study session focused on the short list of items rather doing it at a regular Council meeting. Councilmember K. Johnson said the May 1 I" minutes suggest selecting two general recommendations and two Planning Board recommendations. However, tonight Ms. Hope identified three general recommendations and four Planning Board recommendations. She asked if those should be reduced to just two. Ms. Hope recalled there was a suggestion to identify two items for the Planning Board and two non - Planning Board items. She also recalled a suggestion for three Planning Board items, one simple, one moderate and one complex. She was uncertain that it was decided that there would only be two. Edmonds City Council Approved Minutes June 1, 2021 Page 14 Councilmember L. Johnson was in favor of a special study session later this month. She appreciated the items Ms. Hope identified for a short list such as having the Planning Board look at DADUs and cluster/cottage housing, items the Planning Board has expressed interest in. She agreed multifamily design requirements were also an important component because that will provide the Council and the general public a visual and will answer a lot of questions. It will be difficult to move forward with discussions on cluster/cottage housing and even DADUs without the multifamily design requirements. She supported those moving forward in tandem. Councilmember Buckshnis expressed support for a special session. Her concern is the Council has not discussed the vision for Edmonds. If the input on the survey was followed, there would be no upzoning, no DADUs and only single family homes. She asked if the study session will include looking at the Comprehensive Plan and the policies in the housing element and whether those need to be changed. Ms. Hope envisioned that would be part of presenting the short list of items or any of the Housing Commission work. In the Comprehensive Plan, the Council set the vision for future; it is multi -faceted. Councilmember Buckshnis agreed with the need for reviewing multifamily design requirements. She asked if the Housing Commission policies that Ms. Hope selected were from the list of Housing Commission policies that identified level of complexity. Ms. Hope referred to the table on page 181 in the packet that listed all 15 of the Housing Commission's policy recommendations. There is a column "Subject to PB Review," nine of the policies are subject to Planning Board review. The level of complexity, high, moderate or low, was somewhat of a value judgment. At least a couple of the policies will require an outside consultant but most will not. There was no final decision on May I I" regarding which items to move forward so that is the intent of tonight's agenda item. She emphasized the Council's review of the policies would not be decisions on the policies, just gathering more information to make a decision about next steps or to forwarding them to the Planning Board. Councilmember Buckshnis said the City has a lot of middle housing stock in 1950s-1980s houses. Neighborhoods are changing, houses are being razed and larger houses are being built. The Council also needs to consider the Comprehensive Plan and the impacts of additional housing on the environment and stormwater. Ms. Hope said that would be part of the consideration and discussion if any of them go to the next step. It may take months to gather all the information to make a decision. The Housing Commission recommendations were at a broad level; implementation could vary and would have different impacts. The intent is just to start. Council President Paine expressed support for a special meeting. She would like to have the Planning Board start on a couple of the items Councilmember L. Johnson mentioned, envisioning that would be a good way to kick things off and begin to form the direction. Councilmember Distelhorst said the input lie provided last month was incorporated in what Ms. Hope said. He welcomed a special study session on housing issues. Councilmember Buckshnis asked Ms. Hope what she expected from Council tonight. Ms. Hope asked the Council to confirm whether the short list of policies sounded reasonable to begin looking at and whether to schedule a special study session. The list for Planning Board would include DADUs, multifamily design, cluster/cottage housing and possibly subarea planning later because it will need a budget allocation. Items that do not require Planning Board review include discriminatory provisions in covenants & deeds and possible options for community and regional partnerships. Councilmember Buckshnis asked how DADU and cluster/cottage housing were selected. Ms. Hope it was discussed at the May 11"' meeting and several Councilmember thought those would be useful. DADUs are one of the simpler things for the Planning Board to consider. Councilmember Buckshnis said someone sent Edmonds City Council Approved Minutes June 1, 2021 Page 15 her a picture of a DADU and it looks like just another house. She was concerned about upzoning and not having transition zones. Citizens need to know where and how rather than everything being carte blanche. Hearing no opposition, Ms. Hope assumed there was Council consensus to proceed with those items and schedule a special study session. 3. STAGE 2 TREE ISSUES Development Services Director Hope said this is a follow up on an issue the Council has considered over several months. The Council adopted new regulations related to development following up on the UFMP and other work. Council has also been interested in doing things beyond that. Environmental Program Manager Kernen Lien explained when the Council was working on tree code regulations that applied to developing sites, a number of Stage 2 items were identified for future updates. Some are underway now and nearing completion such as Inventory of Downtown Trees, Street Tree Plan Update, and Tree Canopy Assessment. He displayed a list of Upcoming Tree -Related Items and Timing, explaining the shaded items will go to the Planning Board and the Planning Board has requested clear direction from Council on those items_ Item Timing Inventoa of downtown street trees Q2 2021-Q3 2021 Inventory of other public trees 2022 or TBD Street Tree Plan update Q2 2021-Q4 20221 Tree cano2y assessment Q2 2021-Q3 2021 Heritage Tree Progiram 32021- 4 2021 Tree Canopy Goal Q3 2021 Assessment of staffing and other resource needs Q2 2021 -2022 or TBD Incentive program using stormwater utility fee reductions Q4 2021-2022 or TBD Exploration of other incentive programs 2022 or TBD Open sace acquisition Q4 2021-2022 or TBD Tree retention on private property (not related to development) Q4 2021 Partnerships with other organizations Q3 2021 — 2022 or TBD Annual reports on City tree activities Q2 2021 Treegive-away program 2022 or TBD View con•idors 2022 or TBD W i ldlife. & habitat corridors Q3 2021- 4 2021 Expanded public education & Information Q3 2021 — 2022 or TBD Stormwater & watershed Analysis 4 2021-2022 or TBD Other tree -related issues 2022 or TBD Mr. Lien reviewed: Tree Regulations on Private Property o Goal 1 - Maintain or enhance citywide canopy coverage The city has limited information about the condition of the urban forest. Success with this objective will be achieved with enhanced management of public trees and a deeper understanding of the population of trees on private property. The following actions will support this objective. - A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations o Goal 3 Ancentivize protecting & planting trees on private property Edmonds City Council Approved Minutes ,Tune 1, 2021 Page 16 To ensure success with enhancing the tree canopy, the city recognizes that voluntary public participation must be encouraged. The following actions will support this objective. • Equity o Edmonds is a varied city that has developed over many years. o In some areas, large swaths of native trees have been cut — as part of intense urban development o Elsewhere, many trees remain, due to limited incentives to remove them or perhaps the landscape did not encourage their removal (e.g. steep slopes or stream corridors) o Equity concerns should be considered o A balancing of private property rights with public benefit should be considered • Options for Tree Retention on Private Property Not Related to Development I . Require fee permit for removal of any significant tree (6 inch DBH) 2. Allow X number of trees on a given property to be removed over a period of time 3. Allow X number of trees less the 24 inch DBH to be removed over a period of time 4. Require paid permit for removal of more than the allowed number of trees and for removal of 24 inch DBH trees 5. Review retention requirements for all of the above, or only when permit is required? 6. Consider whether all residential properties should be required to have minimum number of trees Heritage Tree Program o UFMP Goal I .D Develop a voluntary heritage tree program 1. Completely voluntary program. Designated Heritage Tree to be removed from Heritage Tree Program at owners desire 2. Property owner voluntarily designates Heritage Tree, but Heritage Tree must be protected and only removed if hazard or nuisance 3. Anyone may nominate a Heritage Tree regardless of property owner's consent and Heritage Tree must be protected Views o UFMP recognizes views, but does not include in specific goals related to view protection o Public view corridors vs. private view protection o City would be arbitrator between property owners o State has strong protections regarding private property rights and city will have limited ability to enforce restrictions on one property to protect the view afforded another o Other considerations include critical areas View Options o Establish "view sheds" or "view areas" a. Limit mature tree height to allowable zoning height b. Require a "view corridor" over a percentage of the property line where trees could not be planted o Establish process where trees may be removed if they grow into a view in a "view area" o If city pursues regulations regarding private views other factors need to be considered such as critical areas Habitat Corridors o Largely protected by critical areas o Education ■ Stormwater crews ■ Partner with organizations such as Stream Keepers and Students Saving Salmon o Critical area Habitat and Species of Local importance o Tree canopy assessment • Incentives o Goals 3 — Incentivize protecting & planting trees on private property Edmonds City Council Approved Minutes June 1, 2021 Page 17 To ensure success with enhancing the tree canopy, the City recognizes that voluntary public participation must be encouraged. The following actions will support this objective: A. Have a program of giving away trees and/or tree vouchers for use in Edmonds B. For properties that retain a certain amount of tree canopy cover, explore establishment of: i. A property tax "rebate" applicable to the City portion of property taxes; and/or it. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property owners that maintain a certain amount or type of healthy trees Mr. Lien relayed staff was seeking direction from direction from Council on what they wanted to see in the Stage 2 Tree Update related to the options for tree retention on private property not related to development: Councilmember Buckshnis asked why it was necessary to charge any fees when the goal was to keep track of trees being cut down. She asked why the City would want to require a fee permit fir 6 inch tree. Mr. Lien referred to the list of options on page 186 for tree retention on private property not related to development. He was not recommending a fee, but that was one of the options for Council to consider. With that option, if someone wanted to remove a tree, a permit could be required with a minimal fee. Options 2 would not require fee permit but would require documentation. Property owners would be allowed to remove X trees of any size per year; it would not require a permit or fee, but documentation would need to be submitted so the City could track it and ensure they were not asking to remove more than the number of trees they were allotted. Option 3 would allow property owners to remove X number of smaller trees. Option 4 would require a permit to remove more than the allowed number of trees or removal of 24" DBH trees. If permits are required for removal, even the 24" DBH trees, it will be necessary to establish criteria; why would the City say no to removing those trees, are they allowed outright, is a permit required to review a replanting plan, etc. Options 5 and 6 refer to retention requirements and a minimum number of trees on the property. He summarized a fee permit for any tree removal is option as well as no fee but documentation. Councilmember Buckshnis preferred Options 1, 2 and 3. She recognized those will be labor intensive and asked whether an analysis had been done regarding additional staff. Ms. Hope said the exact amount of staffing depends on which option the Council selects. There would need to be an urban forester or arborist position to oversee this as well as 1-2 additional staff or more if a more complex process was selected. There are a lot of costs associated with tracking regardless of whether a fee is charged. Councilmember Buckshnis commented on the unintended consequences she has witnessed with the emergency ordinance regarding 24" landmark trees. Homeowners reporting their neighbors to the City for cutting a big tree. She wanted citizens to feel comfortable that they could remove some trees and to understand the environmental reasons for retaining trees. She preferred a no fee permit and only monitoring. Ms. Hope recalled some Councilmembers were interested in staff talking with people who wanted to cut trees and explaining their options. That is a great idea but will also require staff resources. Council President Paine agreed with either free or low cost permitting for trees. She supported some type of permitting process so the City can track what is happening with trees. Before adopting requirements, it will be important to have the canopy assessment to provide a measurement. The Council can then determine a canopy goal/target and how to reach that canopy. Education will be helpful to many homeowners. The program will require resources include urban forestry staff, code enforcement, permit review, and staff who to provide education. Edmonds City Council Approved Minutes June 1, 2021 Page 18 Council President Paine asked if the Planning Board was seeking direction from the Council about a Heritage Tree Program. Ms. Hope said the Planning Board was interested in direction from the Council about a Heritage Tree Program. Mr. Lien said the Heritage Tree Program is separate from regulations for tree retention on private property. The Heritage Tree Program would be a recognition type program, two separate code updates. The Planning Board is seeking direction from Council regarding tree retention on private property not related to development. He provided the six options to give Council something to consider. Councilmember Olson agreed with not requiring a fee. She recalled Bill Phipps referencing Kirkland's code and what he like about it was there was no fee and the city took responsibility for planting elsewhere for some of the trees being removed. There is greater incentive for a property owner to identify the trees they want to remove and get counsel from the city arborist or other knowledgeable source regarding alternatives to removing a tree. The time the Council has spent on the tree code has been very valuable and she thanked staff and citizens for being patient with the time it takes to synthetize inputs and develop good policy. Some of points that have resonated with her are the difficulty to enforce prohibitions, people who are determined to take trees down and people who love trees and therefore bought property full of trees and end up being penalized. Councilmember Olson referred to the question raised during Audience Comments about why the City is doing this. She said the environmental component was the driver, trees are an important part of carbon sequestration and a component in climate change. Protecting the tree canopy not only helps with that but also enhance the aesthetics. With regard to a Heritage Tree Program, she would support a site specific tree program and if it is required in the UFMP, she would support a voluntary program. With regard to views, she referred to vegetation used as a fence. The City legislates how high fences can be, and if someone uses vegetation as a fence, it should not be allowed to be 20 feet tall and block their neighbor's light or view. Mr. Lien said the City has regulated hedge height in the past, but that was removed from the code before he came to the City 13 years go. Regulating hedge height requires the City to be arbitrator between neighbors; one person wants the hedge for privacy and the other wants the hedge removed for view reasons. Councilmember Olson commented the code could be clear if vegetation used as a fence blocked views, it needed to comply with the fence height regulations. That did not mean a property owner could not have a tree in that area, but they could not use a hedge as a fence. Councilmember K. Johnson thanked Mr. Lien for taking a comprehensive look at the Tree Code Stage 2, incorporating a range of options and asking the Council to narrow it down for the Planning Board. She was unsure if that was what staff wanted or if the Planning Board wanted to continue to look at the range of options. Ms. Hope said staff was not asking Council to eliminate any of the options tonight, but to determine next steps for the Planning Board to begin that work. All the other items will come back to the Council in the future. Mr. Lien said the Planning Board was seeking clear direction from the Council regarding what direction to go and what to look at. Tree retention on private property not related to development is the most difficult. If the Council wants to pursue a Heritage Tree Program, that is pretty easy and there are a few options. With regard to tree retention on private property, Council appeared to be interested in an option that did not require a fee; tracking tree removal with no fee. Additional Council direction is needed regarding when a permit is required, whether it is above X number of trees or is it not allowed and a property owner can only remove two trees, or is it limited by size, etc. He asked when a permit would be required. Councilmember K. Johnson agreed with moving the Heritage Tree Program to the Planning Board. She was also interested in wildlife and habitat corridors, relaying her understanding that they were protected under the critical area ordinance but there are large trees in parks and other areas so she encouraged the Edmonds City Council Approved Minutes June 1, 2021 Page 19 Planning Board to tackle that issue. Wildlife and habitat corridors are important for the tree canopy as well as salmon recovery efforts. Council President Paine agreed with having the Planning Board look at a Heritage Tree Program. She supported a free or low cost tree permit for removal of any significant trees, and suggested having the Planning Board consider Options 2 and 3 along with data from the canopy assessment. She also agreed with looking at wildlife and habitat corridors. Councilmember Distelhorst agreed with providing general direction to the Planning Board regarding Options 2 and 3 and have them consider a no cost tracking permit. The clock is ticking on the emergency ordinance so there is some pressure to ensure the 24" and larger trees are addressed via an update from the Planning Board that will come to Council. He expressed support for Option 1 for a Heritage Tree Program. He has seen how some of the more restrictive options such as Option 3 have been used with buildings where people have applied for landmark status on something they do not own and have no interest in and how that has been weaponized. Councilmember Buckshnis agreed with a Heritage Tree Program. She recalled the Floretum Garden Club and the Tree Board had discussed that and Councilmember Olson provided an example of program that did not need to be codified. She supported doing districting or establishing view/no view areas in the UFMP. Edmonds' real estate market is flourishing and houses with trees are priced differently than houses with views. She was not sure how to diplomatically address view versus no view in the code. She agreed with focusing on wildlife and habitat corridors, no net loss and net ecological gain. A lot of it is related to critical areas but there are also wildlife corridors in non -critical areas. With regard to incentives, she was concerned with opened up a ball of wax, especially related to stormwater issues. She summarized habitat, permitting and view corridors were her top three. Councilmember L. Johnson recommended approaching this as a shared responsibility; the overwhelming responsibility should not be on one subset of the community or homeowners over another. She agreed with Options 2 and 3 for tree retention on private property not related to development, noting the canopy assessment will guide that. The canopy assessment will also guide Option 6, whether all residential property should be required to have a minimum number of trees. Without the information provided by the canopy assessment, it is difficult to decide. With regard to a Heritage Tree Program, Councilmember L. Johnson supported Options 1 or 2 related to a voluntary program. With regard to view corridors, this is related to the equity issue and providing a balance. A number of properties have already been cleared, is it fair to put the burden on those who have not yet removed trees? It will be a delicate balance and will depend on the canopy assessment. She questioned what constitutes a view corridor, observing there are a lot of different views. She referred to comment related to light and asked whether access to light was prioritized for someone living in a view corridor but not for other homeowners which she felt was an inequity issue. The City does not want to be in the business of defining and regulating views and should leave that up to homeowners to do amongst themselves. With regard to wildlife and habitat corridors, she cited the importance of education and incentives. She supported certification for wildlife and habitat corridors similar to a Heritage Tree Program. She was not sold on incentives but neither did she want to rule them out. She would support incentives that were easier to do and did not require as much staff time to monitor. Councilmember Fraley-Monillas said she was not prepared to provide her arguments for and against options tonight. She misunderstood what the Council was doing with this agenda item and will not be stating her preferences but is listening to everyone else and has a good understanding of their priorities. Edmonds City Council Approved Minutes June 1, 2021 Page 20 With regard to the issue of light, Councilmember Olson agreed that related to equity; it could arise anywhere and was not exclusive to the bowl. Blocking light can be an issue for someone's garden. She strongly favored incentives, agreeing they were complicated to figure out but that was the way to go. The environment is important, and instead of spending money on enforcement and punishment, she preferred to provide incentives for having the right tree in the right place. She felt the City could get better results with incentives rather than punishments. Mr. Lien said he did not assume the Council would complete this tonight; it was intended to provide some guidance. The Council has provided clear direction on the Heritage Tree Program. The direction regarding tree retention on private property not related to development seemed to be no permit but tracking for the removal of a certain number of trees. He will come back to Council to discuss views and habitat corridors in more depth so Council can provide clearer direction. Council agreed. Mr. Lien referenced comments regarding light, noting some jurisdictions have regulations related to solar access.. Mayor Nelson declared a brief recess. He relayed Council President Paine and lie conferred during the recess and decided Item 8.5 would be postponed to a future meeting. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND THE MEETING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 4. PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Development Services Director Shane Hope advised this is not about outdoor dining on sidewalks or streets. Planning Manager Rob Chave advised this is a Planning Board recommendation on an interim ordinance Council adopted at the end of December related to outdoor dining. Although the ordinance was listed, it was not included in packet. He displayed the one -page ordinance and explained on private property, dining is allowed as an outdoor use. Until the interim ordinance, an additional 10% of the indoor seating was allowed as outdoor seating or 12 seats whichever was greater and beyond those limits a Conditional Use Permit (CUP) was required. He commented 10% of the interior seating or 12 seats was not very much and especially during COVID, it came to the City's attention that restaurants needed more flexibility. A CUP goes to the Hearing Examiner and costs thousands of dollars and takes up to three months for approval, making any significant outdoor dining cost and time prohibitive for a typical restaurant/small business. Mr. Chave explained the interim ordinance adopted by Council removed the requirement for a CUP, clarified the need for a building permit for any structures, and for retaining any ADA accessible parking spaces. The original code did not have a limitation on the amount of outdoor dining; the interim ordinance had a limit up to 50% of the existing interior seating and up to 30 seats. The interim ordinance was more generous than what was allowed without a permit, but not as open ended as the original code. The Planning Board held a public hearing and recommended making the interim ordinance permanent. A public hearing at City Council is scheduled on June 15t" Councilmember Buckshnis asked how 30 seats versus 40 or 20 was decided when the original was 12. Mr. Chave it was 12 or 10% of the indoor seating whichever was more. Thirty seats seemed like a reasonable number, it could be lower or higher. The 50% was not a magic number but it clearly indicates that outdoor dining was to be a secondary part of the overall operation, not the main part. Under the interim code, the additional outdoor dining could be 50% of the interior or 30 seats. For example, a small takeout place with just a kitchen and no interior seating could have 30 outdoor seats. Edmonds City Council Approved Minutes June 1, 2021 Page 21 Councilmember Buckshnis said the Planning Board minutes did not indicate how 30 seats was determined. She recalled the Planning Board asked about safety issues. Mr. Chave said there is a provision in the interim ordinance that states any dining adjacent to vehicle parking shall be separated by landscaping, curb stop wall or other suitable barrier. That was not in the original code and was added to the interim ordinance as a safety feature. 5. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE This item was postponed to future meeting 9. COUNCIL COMMENTS Councilmember Fraley-Monillas cautioned the Council not to throw things on the agenda for campaign purposes. She was seeing campaigning occurring and did think that gave the citizens a fair shake if Councilmembers were using Council meetings for campaigning. Councilmember Fraley-Monillas reported Memorial Day was wonderful. She went to the cemetery and visited her parents, both of whom were WWII veterans, and her nephew, a Marine serving in the Middle East. Memorial Day is very important for those whose family members served in the military. She was very proud of her parents and her family for serving in the military particularly during WWII. Councilmember Olson reported she was excited to be working toward having 4"' of July events. It will be a full press from the entire village to make it happen. She invite volunteers to reach out to the Chamber of Commerce sooner rather than later. There will be a lot of volunteer slots to fill but people with backgrounds directing traffic are particularly needed. She thanked the sponsors and large supporters, they are needed and appreciated. Councilmember Distelhorst reported on the nice event yesterday at the Edmonds Memorial Cemetery and thanked staff, the local VFW and also the Cemetery Board for organizing it. He relayed gun violence is preventable; there were some victories at the legislature this year, but there are many areas where a lot more work can be done. This is a policy choice and he hoped it will continue to be a priority for Edmonds, reducing preventable gun violence in the community. Councilmember Distelhorst reported June 1st is the start of Pride Month. It was sad to see the discriminatory bills from certain state legislatures, especially targeting trans youth, which is representative of how much work still needs to be done in Washington and in other states to ensure LGBTQ+ communities have the same civil rights, healthcare rights, and housing rights afforded everyone. He said we can celebrate and we can do good work. Council President Paine recognized the start of Pride Month. She recognized all the wonderful support she has had from managers and directors in her professional life who have been LGTBQ and the generosity of their support and interest in learning more about public administration. Memorial Day was a lot of fun and she was appreciative of the event at the Edmonds Cemetery and all the volunteers. Councilmember Buckshnis thanked Mayor Nelson for being at the end of the drive -through Memorial Day event at the cemetery. She expressed appreciation to President Biden for honoring the victims of Black Wall Street that marked 100 years yesterday, 100 years ago today Black Wall Street was devastated in Tulsa, Oklahoma. She found it very heartwarming and a wonderful gesture that shows the President recognition that things happened and the need to understand the equity aspect. She recognized the start of Pride Month, recalling three years ago she was on a cruise ship on June I" along with Maureen Judge, a fun time to be celebrating the joy of being a human being. She said everyone has right the right to do and say and be happy. Edmonds City Council Approved Minutes June 1, 2021 Page 22 Councilmember L_ .Johnson thanked Mayor Nelson for the proclamation recognizing Gun Violence Awareness .Day. She also thanked the three guests, local gun violence prevention advocates, for attending and for their tireless work to raise awareness and address gun violence in the United States. Gun violence is a rampant public health issue. A lot of work needs to be done and she appreciated the work being done to raise awareness. Friday, June 4th is Wear Orange Day, more information about events is available on wearorange.org. She recognized the beginning of Pride Month, June I" and wished Happy Pride to all. 10. MAYOR'S COMMENTS Mayor Nelson also recognized the start of Pride Month. He reported COVID numbers continue to decrease in Snohomish County, now at 129/100,000; although a decrease, that was the height of the first wave back in early March 2020. In Snohomish County 63% of residents have initiated one vaccine shot, which is on the way to 70%. He looked forward to wearing orange on Friday in recognition of the gun violence that sadly plagues communities. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:08 p.m. MIC44AEL NELSON, MAYOR SC PASSEY, CITY CL K Edmonds City Council Approved Minutes June I, 2021 Page 23 Public Comment for 6/1/21 Council Meeting: From: Ken Reidy Sent: Tuesday, June 1, 2021 1:35 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Neill Hoyson, Jessica <Jessica.NeillHoyson@edmondswa.gov> Subject: Public Comments for the June 1, 2021 City Council Meeting My Edmonds News reported in January 2021: -Neither Nelson nor Neill Hoyson answered the questions we have raised. We have again asked the mayor for an interview. -Susan Paine and Laura Johnson have not answered questions we sent them about this. Why is Council working on a Code of Conduct when nobody enforces the Code of Conduct and Code of Ethics that are already in place? Specifically: For Neill Hoyson: 10.1 GENERAL CODE OF CONDUCT The City's primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Ms. Hoyson has refused to answer all my emails. Despite this, she still works for the City. For example, she prepared an agenda packet for Council about extending the acting appointment of Jim Lawless in January of 2021. Why was she allowed to make her subjective points about intent, etc. to Council when she refuses to answer the emails and questions from citizens represented by Council? Should she be allowed to participate in Council meetings prior to the Mayor informing Council whether he ever will enforce 10.1 GENERAL CODE OF CONDUCT? For Nelson, Paine and Laura Johnson: Code of Ethics: Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of Edmonds City Council Approved Minutes June 1, 2021 Page 24 citizens. Refusing to answer citizen emails is not friendly and courteous service to the public and certainly does not improve the quality of public service or confidence of citizens. Please do not pass a new code of conduct without openly discussing ongoing violations regarding the current Codes we already have and disclosing to citizens how the Codes we already have will be enforced now and in the future. My Edmonds News also reporting in January of 2021 that: The three other councilmembers said the city never alerted them. Diane Buckshnis, Vivian Olson and Kristiana Johnson told us they only found out about the domestic violence and career concerns after Olson obtained the federal records and sent them to human resources, the mayor and council. So, it is not just citizens that are kept in the dark? Again, please do not pass a new code of conduct without openly discussing ongoing violations regarding the current Codes we already have and disclosing to citizens how the Codes we already have will be enforced now and in the future. Please also review the Code of Ethics, expand it so it covers City Staff and provide procedures for enforcement. Please consider establishing external infrastructure and process that counsels and mediates when conduct and ethics become a concern. Thank you. From: Bill Herzig Sent: Saturday, May 29, 2021 10:48 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Single Family Zoning in Edmonds Edmonds is already a fairly dense city as measured against other towns in the Puget Sound region, and we have 700 units, mostly multi -family in various stages of development at present. This number puts Edmonds ahead of it comprehensive plan growth targets. Edmonds already has over 36% of it's housing stock in multi family housing, likely on its way to over 40%, with the current units in development. Over 60% of Edmonds citizens surveyed stated they did not want the Single Family zoning changed. There is NO JUSTIFICATION for eliminating single family zoning in face of these statistics!! We do not want Edmonds trashed by developers like Ballard has been. Edmonds City Council Approved Minutes June 1, 2021 Page 25 We will be watching the City Council to see if they do what the Citizens of Edmonds clearly want and deserve, or if they are operating on a political agenda against the will of the Citizens of Edmonds. Bill Herzig Edmonds, WA From: Audrey McLaughlin Sent: Thursday, May 27, 2021 6:01 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Yost Pool Comments Hi there, My name is Audrey. I've lived in Edmonds my whole life and had some of my best memories and friendships have come from Yost pool. I always loved the casual feel of our little community pool. I really have been missing swimming there and was excited to get back into it since covid. Then I read that our pool was being taken over by a private swim team and we would need to try out. I think that we should do everything in our power to prevent this so that everyone can enjoy having a place to swim without the pressure of harsh competition. I also think this is not fair because many people do not have access to places to practice or the money to be in a private swim team in the first place. This would remove many of the things people love about yost. Even if the cascade had no other place to practice, surely we could incorporate time for the penguins to practice so that anyone could swim if they wanted to. I hope you consider. Audrey McLaughlin From: debbie mccallum Sent: Wednesday, May 26, 2021 7:28 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment Citizens of Edmonds.... Private property is the foundation of every right we have and is legally protected by law and the Constitution. When did we, the citizens of Edmonds, grant the right to create and impose restrictive codes to seven people? Trees on private property, with the exception of those in Edmonds City Council Approved Minutes June 1, 2021 Page 26 environmentally sensitive areas, should never be under city authority. Certainly it is unfortunate when any sizeable tree is removed, but that decision is the right of the tax paying property owner and has absolutely no place in city discretion. In an urban setting with limited property sizes, "heritage" trees are often times dangerous and can be a nuisance and unwanted for a variety of reasons, none of them the 'business' of over -reaching council members or city employees. If you believe that the city will reach responsible conclusions about tree removal consider the plight of my neighbors: a cedar located on level ground stands on their shared property line less than fifteen feet from the foundations of their homes, with five inches of space between the trunk and each driveway, and, astride all utilities, including water and gas. In addition, the tree is a constant source of debris which falls into the gutters and on the roofs with massive threatening branches that hang over both structures. They were denied the ability to rid themselves of (their) tree, which is clearly a hazard. The City of Edmonds has used Covid to surreptitiously, and successfully, mask decisions that affect all citizens, confident in the knowledge that the majority of us are not paying attention because there are not in -person meetings that can be attended or easy -to -watch meetings on the local channel. If there is any dispute to this fact I would remind city officials of the open council meeting a few years ago where the public, so tightly packed that there was standing room only, even in the hallways, vociferously argued against any misplaced notion of control that the city dreamed they might usurp concerning trees. The message was loud, clear and sometimes angry: our trees are beyond the scope and control of the city, with the exception of those within critical areas. The institution of private property is our right by law and any action by the council to supersede is an infringement of our civil liberties. Debbie McCallum Edmonds City Council Approved Minutes June 1, 2021 Page 27