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Cmd80222 Edmonds City Council Approved Minutes August 2, 2022 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES August 2, 2022 ELECTED OFFICIALS PRESENT Vivian Olson, Mayor Pro Tem Diane Buckshnis, Council President Pro Tem Will Chen, Councilmember Neil Tibbott, Councilmember Susan Paine, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor Laura Johnson, Councilmember STAFF PRESENT Jessica Neill Hoyson, HR Director Kernen Lien, Planning Director Michele Szafran, Associate Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Olson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen read the City Council Land Acknowledge Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember L. Johnson and Mayor Nelson. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO EXCUSE COUNCILMEMBER L. JOHNSON. MOTION CARIED UNANIMOUSLY. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PRO TEM BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes August 2, 2022 Page 2 Mayor Pro Tem Olson described procedures for in-person audience comments. Rebecca Miner, Edmonds, advised she has been appointed as the interim superintendent for the Edmonds School District. Her family is renting a house in Edmonds and she hoped to see the council and community members at community events. She was here so the council and community could put a face to her name. She plans to be at the school district’s booth at the Farmers Market. She looked forward to collaborating to support the community’s greatest resources, its children. Robert Stagners, Edmonds, asked for a moment of silence for departed Councilmember K. Johnson who served the community well and he appreciated what she did. Mayor Pro Tem Olson described procedures for virtual audience comments. Linda Ferkingstad, Edmonds, commenting on the tree ordinance, asked what expectations property owners should have from the City. They expected support and good guidance when applying to build needed homes on their land and for their property rights to be respected. When they purchased their land, they never expected the City to make them pay $107,000 in fees for the worth and rights to their own trees or be forced to permanently relinquish rights to every remaining tree and the land beneath them to obtain a permit to build three family homes, all before the expense to remove a tree or dig a foundation. Last year the city council voted in the tree ordinance which has allowed the City to take the rights to every tree on all vacant properties in Edmonds, taking property rights and value from owners without compensation, charging them for their own property. If improvements are planned on any vacant property in Edmonds, owners must purchase every tree on the property again from the City before permits to remove them for new homes will be issued. This is required even when owners adhere to the 30% tree retention requirement. Edmonds is enforcing unconstitutional takings without compensation and charging excessive fees in violation of the 5th Amendment of the U.S. Constitution. Ms. Ferkingstad continued, division and home permits are denied until owners have recorded on their property titles that they have permanently relinquished their rights and control of their trees and the ground beneath them to the City. This is in violation of the 4th Amendment search and seizure and devalues properties as owners no longer have control of their own assets. Edmonds has permanently interfered with owners’ property rights and is forcing owners to give up their constitutional rights in order to be issued permits. She did not expect less ownership of the property they own and pay taxes on. No one should be coerced to permanently give the City rights to anything on their property for a permit to be issued for homes, especially without compensation for the loss. She has pleaded with the council for a year and a half to rescind illegal requirements in the tree ordinance to save citizens and the City costly lawsuits and compensation that will be required for the damages caused Edmonds property owners. An amendment to rescind illegal actions in an ordinance does not need to go through a long process; it can be done by the council in the next meeting if they value restoring property rights back to owners. She urged the council to bring equality and justice back to all taxpayers in Edmonds and make this a priority for the sake of hers and many other families. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FROM TAYLOR SPORLEDER & YOHANES DARMAWAN 2. WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes August 2, 2022 Page 3 COUNCIL PRESIDENT PRO TEM BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 26, 2022 2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 26, 2022 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 4. POLICE OFFICER LATERAL HIRING INVENTIVE MOU 8. COUNCIL BUSINESS 1. SET PUBLIC HEARING FOR STREET VACATION Associate Planner Michele Szafran advised this item is to set a public hearing on an unopened right-of- way south of Fir Street vacation petition. She provided a vicinity map of the location and a survey map of the alley between the parcels that are the subject of the street vacation request. She reviewed: • RCW 35.7.010 and ECDC 20.70.070 requires the city council to fix a time by resolution for public hearing on any proposed street vacation • The hearing can occur no less than 20 days and nor more than 60 days after passage of the resolution • Resolution included in packet sets a public hearing date of 9/20/22 • Staff report on the proposal will be prepared for the public hearing. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO SET A PUBLIC HEARING DATE FOR SEPTEMBER 20, 2022. Recalling this has been done differently at different times Council President Pro Tem Buckshnis asked whether the residents would pay the $35,000 difference in the market value before and after vacation. Ms. Szafran answered that will be addressed at the public hearing; tonight’s action is just setting the public hearing. MOTION CARRIED UNANIMOUSLY. 2. COUNCIL "ROLES" STATEMENT Mayor Pro Tem Olson explained she proposed this item so she will provide an introduction. Edmonds city council positions are elected based on the Washington State Public Disclosure Commission’s description of positions being nonpartisan; this facet of the council’s identity is not expressly stated in the City code or on the City website. For reference, the council packet includes the mission and purpose that is on the City’s website. Not having this expressly stated and embraced has led to confusion among councilmembers and community members. She referred to the proposed roles statement that would replace the mission statement currently on the City’s website that expressly asserts the nonpartisan nature of council positions. She read the following: • Current Mission on the City’s website: “The City Council establishes City policies, sets forth the powers vested in legislative bodies, represents the City on boards and commission, attends Council meetings and legislative briefings, represents the City to other organizations, and performs ceremonial duties.” • Purpose on the City’s website refers to the granting authority, Title 35 of the Revised Code of Washington Laws of Cities and Towns and reference to Edmonds being a non-charter code city. Edmonds City Council Approved Minutes August 2, 2022 Page 4 • Proposed replacement language: “As the legislative branch of a mayor-council, non-partisan form of government, seven part-time councilmembers are elected directly by the people to staggered four year terms. All positions represent the community at large. The City Council adopts the City budget, establishes law and policy, approves appropriations and contracts, levies taxes, and grants franchises. Councilmembers also represent the City on boards and commissions and to other organizations.” Mayor Pro Tem Olson explained “performing ceremonial duties” was removed because it was not correct based on code. The council packet also includes articles for reference regarding why elections are nonpartisan, the value of nonpartisan and keeping political partisanship out of local government. She noted most people agree on local issues and keeping issues nonpartisan builds community rather than tearing community down. Councilmember Paine said she will propose an amendment to the statement, but did not have a major issue with most of the language. She suggested inserting “representative form of government” after nonpartisan, and insert “external” prior to boards in the last line, recognizing that councilmembers represent the health district, Community Transit and other external boards. She suggested discussing nonpartisan and what that includes at the next council retreat. She referred to research and articles from Pew Research Center regarding what is nonpartisan and partisan; for example, climate change, guns, and the environment are considered partisan, something that has happened within the last 10 years. There are also interesting splits on generation and gender lines. Councilmember Paine continued, in the description of nonpartisan, there is the perception and the role of councilmembers as representatives of the City of Edmonds. She wanted to ensure the discussion of nonpartisan included the perception and the reality. She also had issues with councilmembers’ role as they interact with the community; there are instances when councilmembers attend community events or outreach and felt the council’s job at those events is to listen to public feedback. However, in her experience, councilmembers participate which tends to sway discussion at a public forum. In addition, once the public feedback comes in, the council needs to honor that feedback. She recalled discussions regarding the PROS Plan that occurred after the public discussion had occurred, an example of where the work and public outreach to develop the PROS Plan was discarded. She suggested discussing those issues a retreat so there is clear understanding about councilmembers’ role as representatives of the community. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO ACCEPT THE PROPOSED REPLACEMENT FOR THE CURRENT MISSION ON THE CITY WEBSITE AS EXPRESSED IN THE DOCUMENT. Councilmember Tibbott agreed with some of the comments that have been made and looked forward to amendments. What is partisan and what behaviors are observed when someone is acting in a clearly partisan way on council is part of a broader discussion that warrants further exploration by the council and he agreed discussing that at a retreat is a good idea. He expressed appreciation for the articles included in the packet as there is a lot to consider, what is partisan, what are the behaviors and what are the detrimental aspects. He is very familiar with the City of Fontana and found it interesting to read about the mayor of Fontana’s absolute commitment to nonpartisan politics in the city. Knowing the context of the politics in Fontana, it was a breath of fresh air to hear someone at her level of leadership absolutely committed to nonpartisan discussion. The proposed language will serve the City well and the clarity will be helpful. Council President Pro Tem Buckshnis agreed the proposed language is good, noting the partisan issue become more segregated over the years. In her mind certain things like Roe v. Wade are not partisan issues, but people made them partisan issues. She agreed with discussing this topic at a retreat. She has voted for human rights and same sex marriage in the past. The council did not get such a diversity of Edmonds City Council Approved Minutes August 2, 2022 Page 5 comments from citizens on those two issues which clearly were more human issues versus partisan issues. Things like climate change have been siloed which she found unfortunate as it is today’s reality. She disagreed with the example of the PROS Plan, pointing out it was not an update of the 2016 plan. When a consultant changes direction and creates a whole new survey, council’s role is to provide oversight and ensure things are done properly so it is an update. There are other examples of the council’s role in oversight when it disagrees with the administration. That has been handled very smoothly for 12 years, but that is not happening in the City or elsewhere in the nation. This is important based on what happened in the discussion over Roe v. Wade. She recalled she and Councilmember K. Johnson having discussions that night and the following week about keeping partisan politics out of it. She did not see that as a partisan issue, but as a human rights issue, but questioned how that was defined. She assumed the council was all on the same page but needed to figure out a good way to move forward and face the reality of things the council is faced with today. Councilmember Chen expressed support for a statement of position of councilmembers as nonpartisan, elected to represent the entire City. As stated by previous councilmembers, current national issues have impacted local issues. Having a clear statement on the City’s website will communicate the council’s intent. He supported discussing this topic at a retreat including possibly developing a list of recommended behaviors for councilmembers to follow. It will not be clear cut, but there could be a list of model behaviors for councilmembers to follow. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO AMEND THE PROPOSED STATEMENT, TO ADD “, REPRESENTATIVE FORM OF GOVERNMENT AFTER “NONPARTISAN.” Councilmember Paine commented the council is part of a representative form of government as the legislative body so she would like to have that language added. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ADD “EXTERNAL” BEFORE “BOARDS” IN THE LAST LINE. Councilmember Paine observed the council serves as liaison on internal boards as well as external boards and commissions and it would be nice to recognize that councilmembers are representatives of the City on outside boards. Council President Pro Tem Buckshnis asked for clarification. Councilmember Paine advised the last line would read, “Councilmembers also represent the City on external boards and commissions and to other organizations.” Councilmember Tibbott asked if external meant external of the city council. Councilmember Paine answered external to the City like public health and Community Transit. Councilmember Tibbott said there are boards internal to the City of Edmonds, but there are also external boards. He did not support the amendment because the general word “boards” serves both purposes. The fact that there are questions confirms it does not add clarity to the sentence. Councilmember Paine said she wanted it understood that the council represents the City on both internal and external boards, but if it did not add clarity, she would withdraw the motion. COUNCILMEMBER PAINE WITHDREW THE AMENDMENT WITH APPROVAL OF SECOND. MAIN MOTION AS AMENDED CARRIED UNANIMOU7SLY. Edmonds City Council Approved Minutes August 2, 2022 Page 6 3. PUBLIC INFORMATION OFFICER JOB DESCRIPTION REVISION Mayor Pro Tem Olson explained she brought this as a policy clarification, the job expectation of the PIO being neutral and fact based and to limit/prohibit the PIO position from preparing and disseminating opinion based commentary. The packet includes an example of another city’s job description that included more clarity regarding that issue. The job description was reviewed by HR and approved as to meeting City standards, and the policy making responsibilities of council are appropriately used in initiating and updating a job description. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, TO AMEND THE JOB DESCRIPTION FOR THE PIO AS STATED IN THE PACKET. Councilmember Paine said this is a job description for an important position in the City. She referred to proposed language, “…this position expressly does not provide support in preparation or distribution of opinion-based commentary of personal views.” and suggested having a professional review of what department heads and elected officials put out provides better access and a terrific way to interact with the community. The PIO in a lot of cities works with council and the mayor including Everett, Marysville, Redmond, Bellingham and probably others. She suggested allowing some opinion based support. She suggested replacing that language with “the elected official is accountable for the accuracy and content of the information released.” Information from an elected person could benefit from having it read for clarity, but the elected person would be responsible for the content. COUNCILMEMBER PAINE MOVED, TO REPLACE THE PROPOSED LANGUAGE IN THE 4TH BULLET UNDER ESSENTIAL FUNCTIONS AND RESPONSIBILITIES, “THIS POSITION EXPRESSLY DOES NOT PROVIDE SUPPORT IN PREPARATION OR DISTRIBUTION OF OPINION-BASED COMMENTARY OF PERSONAL VIEWS” WITH “THE ELECTED OFFICIALS WOULD BE ACCOUNTABLE FOR THE ACCURACY AND CONTENT OF THE INFORMATION RELEASED. MOTION DIED FOR LACK OF A SECOND. Council President Pro Tem Buckshnis commented the problem she sees is when the newspaper contacts her, a longtime councilmember, and asks her to write an opinion in opposition to an opinion they received. There should not be information distributed by the City that is extremely opinionated, picks on council or someone else. It is unfortunate she has had to write two editorials in opposition to editorials provided by the administration. She liked where Councilmember Paine was going with the amendment, but it was important to process things the correct way. She has not seen these issues arise in the past and it is important to control it. She agreed content should be accurate, but opinion is different than a fact-based statement. It is important to ensure what is disseminated by the City does not cause divisiveness. She recalled in the past under other mayors, department heads provided op-eds regarding what their department does. She was comfortable with the proposed language and suggested discussing it at a council retreat. Councilmember Paine commented this is a job description for a current employee who responds to all the directors and the mayor to get information out regarding the City’s business. She referred to proposed language, “and be accountable for the accuracy of information released,” commenting it would be difficult to manage because sometimes the PIO is not the subject matter expert. For example, directors are subject matter experts. She questioned who was ultimately responsible for something that came from the PIO’s office and if there needed to be a trail of breadcrumbs regarding the source. She assumed everybody would be accountable because they want to get the right information out. Addressing circumstances that have come up via a job description makes it difficult to encourage good clear communication from the City to the community. She feared holding the PIO accountable may make it Edmonds City Council Approved Minutes August 2, 2022 Page 7 burdensome enough that it is difficult to navigate and manage as this person has many people to keep happy. As someone who had nine bosses when she worked for the court, she knows it is sometimes tricky to ensure everybody is satisfied, particularly when there are subject matter experts and the PIO may not be the subject matter expert. She recommended not including that language in the job description because it places an unfair burden on one person in the City structure when there are a lot of other aspects included in this whole dynamic. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM BUCKSHNIS, IN THE 8TH BULLET UNDER REQUIRED ABILITY TO, REMOVE “AND BE ACCOUNTABLE FOR THE ACCURACY OF INFORMATION RELEASED.” Councilmember Paine commented the prior discussions have been situational and now the council is discussing an employee’s job description which are two separate things. The job description is one way to express policy. Councilmember Tibbott said the PIO does not serve any elected official except the mayor. The request is for the PIO to be accountable for the information they receive from directors and other sources. In terms of accuracy of the information, this is simply asking them to do a good job collecting information. If the PIO is given false information, they obviously are not accountable; the PIO is accountable for doing research and providing an accurate rendition of the facts they receive. The PIO is not expected to be perfect but be accountable in the research process. A PIO needs to know some weight comes with their job as well as to be responsible for doing good research and seeking out credible sources. He concluded holding the PIO accountable for that is reasonable so he did not support the amendment. Council President Pro Tem Buckshnis said she liked the concept, but as Councilmember Tibbott said, she has never known the PIO to represent anyone other than mayor. She recalled a prior PIO left suddenly due to the accuracy of information. She supported the language in the proposed job description and suggested the council discuss whether the PIO is allowed to work for elected officials other than the mayor. She referred to language in the job description, “working with elected officials on City messaging,” and questioned whether that was accurate. Councilmember Chen relayed his understanding the PIO does not just work for one elected official but works for the entire City so this statement may not be accurate. Regarding holding the PIO accountable for information they are asked to release, the PIO has a duty to do diligent research, but the PIO is not an expert in everything that comes across their desk. He agreed with Councilmember Paine that it was too much to hold the PIO accountable and be an expert in everything asked of them. He supported the amendment. Mayor Pro Tem Olson said she worked on this with Interim Director Merriman and the HR Director. The HR Director identified items that would be difficult to quantify and to hold someone accountable for, but this was not one of the areas she was concerned about. The HR Director approved the job description as written and was not concerned about the PIO being accountable for the accuracy of information released. Other cities have multiple PIOs and some have different roles and job descriptions that include representing opinions of certain people. Edmonds has one PIO and the purpose of this update is to add express clarity so that the PIO is the City’s voice. In that way, regardless of which elected person they are doing an article with, the communication comes across as a neutral City voice. MOTION FAILED (2-3), COUNCILMEMBERS PAINE AND CHEN VOTING YES. Councilmember Tibbott commented there is a difference between a narrative from the City and commentary. All councilmembers have an opportunity to express their opinions at council meetings, during council comments, writing opinion pieces for local media, but when a narrative comes from the Edmonds City Council Approved Minutes August 2, 2022 Page 8 City, it needs to express fact-based information that helps citizens understand what is happening with a department, a plan, upcoming opportunity, etc. He expected the PIO would have a very strong grasp of all those areas so the narrative was accessible to people via various forms of media and trustworthy. It was his understanding the mayor was the only elected official who has made use of the PIO for opinion pieces. Just as councilmembers do, it is appropriate for the mayor to express their opinion at meetings and in articles with their name attached. This is a suitable and helpful amendment to the job description, it is useful to the City and fosters better communication. Councilmember Paine did not support the motion for the reasons she stated earlier. It puts an undue burden on a City employee and may cause more trouble in the future. If there are issues that need to be discussed, they should be addressed upfront rather than via this method. Councilmember Chen asked if HR Director Neill Hoyson was available to comment or answer questions. Ms. Neill Hoyson commented this was very nuanced area the council was talking about. The PIO should be able to provide a consistent way of messaging as the City, which at times also includes some nuanced opinions of elected officials. How that is managed is interesting, where the PIO is able to provide their professional support regarding how to message things in way that is best understood by the public, but is not supporting one opinion or the other. The best thing is to allow the PIO to use their professional skills to help craft messages for all elected officials. She was not sure how to put that in a job description but it was in the best interest of the City that messages go out in a way that can be received well by the public. She did not want to shut down the PIO, but understood not wanting the PIO to support one opinion area. Councilmember Chen referred to the city attorney who is hired by the city council and works for the entire City. Due to the sensitivity of the PIO position, he asked if that conflict could be addressed by having the hiring authority come from the council and the PIO work for the entire City rather than being a personal spokesperson for one elected official. Ms. Neill Hoyson commented the City has an interesting structure; the city council controls the duties of employees and the administration controls the execution of those duties which is an interesting dichotomy. She agreed with Councilmember Chen, the PIO’s role should be to help all elected officials put forth clear, consistent messaging that can be digested in a good way. The question is how to ensure the PIO can put out messages for the mayor and councilmembers in a way that is clear and professional so Edmonds residents get information in a way they can understand it. Mayor Pro Tem Olson requested councilmembers keep their discuss to the agenda item. If the council wanted to discuss making this a contact employee versus an in-house employee or other structure, that subject could be done in the future. Tonight’s agenda item is updating the PIO job description. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND TO DELAY ANY VOTE ON THIS PIECE AND GIVE DIRECTOR NEILL HOYSON AN OPPORTUNITY TO THINK ABOUT HOW TO APPROACH THE HIRING AND JOB DESCRIPTION AND COME BACK AT A FUTURE MEETING. Councilmember Chen commented this position is very sensitive and it should represent the entire City. Due to the City’s size, there are not multiple PIO positions. He foresees this position representing the entire City and not being a spokesperson for one elected official. Council President Pro Tem Buckshnis agreed this was a great idea, having a contracted employee versus a City employee. She recalled the City did not have a PIO until four years ago; it was initially part-time and became full-time recently. She agreed it was important for the City to send out one message. She did not support Councilmember Chen’s amendment because she preferred to tighten up the PIO job description to avoid having personal opinions from the mayor sent out which sometimes causes issues. She suggested considering it in the 2023 budget. Edmonds City Council Approved Minutes August 2, 2022 Page 9 Councilmember Paine asked if this was a motion to make this contracted position or keep it as in-house position. Councilmember Chen responded that was not the amendment, that was another councilmember’s opinion. Councilmember Chen restated the amendment: HOLD UP ANY ACTIONS ON VOTING ON THIS JOB DESCRIPTION AND ALLOW HR DIRECTOR NEILL HOYSON TO COME BACK WITH A MORE WELL THOUGHT OUT JOB DESCRIPTION City Clerk Scott Passey clarified the motion was basically to postpone indefinitely. Mayor Pro Tem Olson did not support the amendment as it was important move forward with a policy. There is an employee in this position and it would be a huge change to go from an in-house employee to a contract employee. In the short term, she recommended improving the policy that describes the job and agreed it would be a good idea for HR to look at this. The Council could make another motion to ask HR to look at having this position be a contract employee. AMENDMENT FAILED (2-3) COUNCILMEMBERS CHEN AND PAINE VOTING YES. MAIN MOTION CARRIED (4-1), COUNCILMEMBER PAINE VOTING NO. 4. CIP-CFP PUBLIC WORKS AND CIP-CFP PARKS Mayor Pro Tem Olson declared a brief recess. Councilmember Tibbott explained this discussion began at the Planning & Public Works Committee; he and the late Councilmember K. Johnson were very interested in looking at the CIP/CFP before the council entered the budget process to become familiar with public works projects in the CIP/CFP. That discussion was unexpectedly cut short with the death of Councilmember K. Johnson and as a result other councilmembers wanted to participate so it was brought to full council. The intent of this agenda item is not to make any decisions or recommendations, but an orientation to the CIP/CFP. Councilmember Tibbott reviewed differences between the CIP and CFP: Councilmember Tibbott explained the CIP/CFP process has been improved over previous years. There used to be two separate documents, the CIP and the CFP. If projects overlapped, one had to remember Edmonds City Council Approved Minutes August 2, 2022 Page 10 which ones those were and go between the two plans. City staff developed a single spreadsheet and the intent is to review that document which contains CIP and CFP information and for council to ask questions. Councilmember Tibbott reviewed the CIP/CFP Schedule: • August o August 2 and August 16 o Council review 2022 CIP/CFP o Prepare questions/offer notes for staff o Planning Board • October o October 12 – 2023 CIP/CFP presentation to Planning Board o October 26 – public hearing Planning Board • November o City council presentation (November 1) o Public hearing city council (November 15) o Adopt 2023 CFP with budget (November 22) Council President Pro Tem Buckshnis commented this is a very complex issue because the storm and sewer projects in the CFP are used to calculate utility rates. She recalled when the marsh was moved to stormwater in 2019, many people realized the importance of the CFP document. The City has a rate study done every 3 years; the last one was done in 2019. It is important to look at 2022, 2023, and 2024 when reviewing the CFP because projects in those years impact the rate study which is due this year. A good example of a project being added to stormwater in the CIP is Perrinville Creek. The City is using ARPA funds for that project so it will be not considered included in the utility rate study. The CIP/CFP is a very important budgetary tool and she was glad Councilmember Tibbott was reviewing it with council. Councilmember Tibbott reviewed: • CFP & CIP Format Changes o Map of Public Works & Utilities Department transportation and utility projects. o Project list (table) identifying project number, whether it is a CFP project, description, decision package number, amounts by year 2022-2027, total 2022-2027 and total 2028-42, grouped by category o New project sheets • CIP/CFP categories o Transportation – reviewed via Transportation Improvement Plan (TIP) o Water o Stormwater o Sewer o Facilities o Wastewater treatment o Parks – reviewed via PROS Plan • Project List o Transportation Projects ▪ Preservation/maintenance projects – CIP projects ▪ Safety/capacity analysis – CFP and CIP projects ▪ Non-motorized transportation projects – primarily CFP projects ▪ Ferry projects – all CFP project ▪ Traffic calming – all CIP projects ▪ Traffic planning projects – all CIP projects o Water projects – all CIP projects Edmonds City Council Approved Minutes August 2, 2022 Page 11 o Stormwater ▪ Edmonds Marsh Estuary Restoration Related projects – CFP project ▪ Perrinville Creek Basin projects – CFP and CIP projects ▪ Storm Drainage Improvement projects – CFP and CIP projects ▪ Annually funded projects – all CIP projects o Sewer – all CIP projects o Facilities Projects – all CIP projects o WWTP projects – all CIP projects • CIP-CFP comparison 2021-2022 o Added projects – CIP and CFP projects o Removed projects – CIP and CFP projects, many of them removed because completed o Changed projects – CIP and CFP projects o Will do comparison with 2022 -203 • Edmonds PROS Plan Capital Program o 6-year Capital facilities Program Councilmember Tibbott invited the council to raise questions for staff, advising the intent is not to update or amend the CIP/CFP, that is part of an upcoming process. He asked why WWTP gasification project not listed in 2022 Councilmember Chen referred to the list of stormwater projects on page 71 of the plan which includes $400,000 for green streets and rain gardens (project PWD-08) which was removed during the budget process in March. He asked how to best to reflect the changes made via the 2022 budget amendments. Councilmember Chen recalled $750,000 in ARPA funds was budgeted for marsh improvements, but the Edmonds Marsh project was moved from storm to parks. He asked how that was accounted for. Councilmember Tibbott clarified the question was where those funds were moved to. Councilmember Chen recalled during the PROS Plan, the council documented moving forward with a fishing pier in Lake Ballinger. He asked if that would be part of a future CIP/CFP budget process. Councilmember Tibbott advised that would be considered for the 2023 budget. Council President Pro Tem Buckshnis recalled during discussion of ARPA funds, the council voted to remove $400,000 for green streets. The marsh was moved from stormwater to parks and there was a $750,000 design study. She asked if that $1.15M goes back into the ARPA pool. Councilmember Tibbott clarified the question was how do ARPA funds relate to funding any of these projects. Council President Pro Tem Buckshnis said when the ARPA funds are discussed again, she plans to recommend reducing the $600,000 in 2023 for green streets because there is insufficient documentation in the City code to define a green street. The description just says the money will be used for green streets, but there is no definition. Councilmember Tibbott said that will be a 2023 budget item. Council President Pro Tem Buckshnis expressed interest in adding a Yost Watershed restoration, similar to the Perrinville Creek restoration under stormwater. She referred to a mitigation project for Civic Field in Yost Park that cannot be included in stormwater projects because it is mitigation. Councilmember Tibbott asked if that was currently in the parks CIP/CFP. Council President Pro Tem Buckshnis said she did not think so, it only includes Yost Pool repair. It is not a park issue, but a watershed issue. Councilmember Tibbott said the mitigation is a facility improvement/enhancement to a park that was budgeted and approved, but it is not included in the CIP/CFP for 2022. Council President Pro Tem Buckshnis said the mitigation is not a CIP/CFP stormwater project. That mitigation is not enough and Edmonds City Council Approved Minutes August 2, 2022 Page 12 there needs to be a Shell Creek restoration project. There are concrete structures that need to be removed, bridges that need to be fixed, etc. She requested Shell Creek restoration in Yost Park be added as a project. Councilmember Tibbott advised that could be an addition to the 2023 CFP project. Council President Pro Tem Buckshnis said she had no questions related to 2022 other than the distribution of ARPA funds. She referred to the addition of a satellite office in Uptown and suggested having a placeholder in the CIP/CFP in the event that office was expanded or relocated. Councilmember Tibbott observed a facility upgrade was done but it is not contained in the CIP/CFP, but it probably should be for 2022. Council President Pro Tem Buckshnis pointed out another issue that needs to be addressed is bonds were issued for capital facility upgrades, but their use has yet to be identified. She was aware the City was short staffed, but those projects need to be identified. Council President Pro Tem Buckshnis referred to the gasification/carbon recovery project which shows $1.16 million in 2022. She recalled that was included in the calculation for the 2019 rate study. She wondered if the reason no funds were included in future years was because the project would be completed this year. Councilmember Tibbott suggested that was a question to be addressed by staff, how the gasification project relates to the CIP. Council President Pro Tem Buckshnis suggested it be on the completed list. Councilmember Tibbott said it would be on the list of completed 2022-23 projects. Councilmember Paine said she liked the new format, finding it clear and helpful and other than a few small updates/changes, she did not see anything that needed to be changed. She looked forward to the 2023-2028 CIP/CFP, relaying her understanding that directors submitted their decision packages yesterday. She did not recall that a rate study had been done in several years and it likely needs to be done. The stormwater comprehensive plan update is also coming up. She summarized this is helpful for the community and she looked forward to further discussion this fall. Councilmember Tibbott reiterated the intent of this agenda item was to provide an orientation and for councilmembers to identify questions. He intended to bring this back to council with additional information. Mayor Pro Tem Olson expressed appreciation for the presentation, commenting it was helpful to spend time on the CIP/CFP and she found discussing the layout helpful. With regard to the project in Yost Park, that is the offsetting mitigation infiltration for Civic Park. She suggested it may not have been included because it was funded with ARPA funds. She relayed her understanding that a recent update indicated ARPA funds could not be used for that project. Councilmember Tibbott said his understanding was ARPA funds could be used for the mitigation. Mayor Pro Tem Olson said the question is why that project is not listed. With regard to the satellite office, Mayor Pro Tem Olson explained it was a last minute appendix to the budget and the money was spent. Consideration is being given to changing the function from a city hall annex to an expanded police role in that location which may require further improvements to the facility. She noted the amounts in the CFP/CIP in 2023 and 2024 for sidewalks are quite low. That is something the public has identified as a priority and she hoped it would be adequately emphasized, whether it was in the CFP/CIP or in the budget. Councilmember Tibbott advised there is a commitment to complete and improve walkways, there are funds budgeted for a walkway crew that builds walkways and improves ADA accessibility. He asked if Mayor Pro Tem Olson’s question was how those projects were reflected in the CIP/CFP. Mayor Pro Tem Olson acknowledged the projects could be under an ADA heading. Mayor Pro Tem Olson commented to the extent the new environmental rules have impacted processing at the WWTP and to the extent that affects capacity, that consideration needs to be a huge priority including looking at long term agreements with the facility’s partners and coming up with long term plans such as Edmonds City Council Approved Minutes August 2, 2022 Page 13 whether the facility needs to be expanded in the 10-20 years or do the partners need to be given a heads up that the City cannot accommodate their capacity. Councilmember Tibbott said that will be part of the 2023-2028 CFP/CIP discussion. Council President Pro Tem Buckshnis said there is no Yost Park mitigation, it is called the 96th Street ROW, the Civic Park stormwater mitigation project which Director Feser says is eligible for ARPA funding. She reiterated her interest in adding a Yost Park restoration project similar to the Perrinville Creek project to address issues such as scouring. Councilmember Tibbott asked if the 96th Street ROW was in the CIP. Council President Pro Tem Buckshnis recalled Acting Public Works Director English told her a mitigation project ties with the project and is not a separate project. Councilmember Tibbott summarized the question is whether that needs to be a separate project in the CIP/CFP. With regard to possible future projects, Councilmember Chen reminded about the idea of an international cultural center that was proposed by Councilmember L. Johnson. Councilmember Tibbott said that would be a 2023 CFP/CIP discussion. With regard to a Yost Park/Shell Creek restoration project, Councilmember Paine asked how that would be integrated with the PROS Plan as that process was just completed. Councilmember Tibbott concluded this was a preliminary exercise and a lot of great questions were raised. The council will return to this discussion on August 16. He encouraged councilmembers to focus on 2022 and save their great ideas for 2023 when it comes to council in November. Mayor Pro Tem Olson apologized for not including the minutes regarding the updates made during the budget process. 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS Mayor Pro Tem Olson relayed she had a good time at the neighborhood night out at Seaview Park. It made her think about the agenda item regarding nonpartisanship and how the community agrees on local issues. She has been fortunate while living in Edmonds for the past 20 years to enjoy a sense of community. As a councilmember, she wanted to support things that build that sentiment. She thanked the council for passing the website language regarding the council’s role which is an important first step. Councilmember Paine reported she was also at the Seaview national night out and it was fun to see everyone there and discuss ways to ensure community safety. She encouraged the public to come music in the park this weekend at City Park, a steel drum band that teaches kids to play. Councilmember Tibbott reported he and his dog enjoyed national night out at Seaview Park. He relayed Health District Administrative Officer Shawn Fredrick announced his intent to step down at the end of the year. He was hired as an interim and when COVID hit, he agreed to stay. He has been a very steady force in Snohomish County over the last four years and has guided the health district through some very difficult times including bringing his military training to bear in making quick, quality decisions which earned him a great of respect from the health district staff and the board. He wished him well, and looked forward to finding a replacement. Councilmember Tibbott relayed Snohomish County is negotiating with the health district to bring it within the county. There are many facets to consider and a lot of extra meetings are being held. COVID emphasized the importance of a viable, robust health district for the county and the entire state. Determining how those services are delivered is very important and as the City’s liaison to the health board, he was excited to be part of it. Edmonds City Council Approved Minutes August 2, 2022 Page 14 Council President Pro Tem Buckshnis reported the City is accepting applications for the vacancy in council position #1. She will be on vacation August 10-26 but will attend meetings virtually. She invited residents interested in the position to contact her before she leaves on vacation. Council President Pro Tem Buckshnis relayed Councilmember K. Johnson was a very good friend and she and Councilmember Tibbott are working with the family on a memorial, possibly at the end of August. In the interim, donations can be made to the City of Edmonds with Councilmember K. Johnson in the subject line. Sympathy cards can be left at the council office and they will be delivered to the family. She commented the loss of Kristiana has been tough for the family and shocking to many. She will likely put together a small task force to determine how to spend the funds that have been donated. Councilmember Chen thanked everyone who attended outdoor events, plays and concerts this summer. Last week he went to the outdoor movie, Luca; the next outdoor movie, Night at the Museum, is Friday, August 5. He encouraged the public to enjoy these nonpartisan events. Mayor Pro Tem Olson advised the deadline for submitting an application for the council vacancy is August 17th at 4 p.m. She recalled there was an amazing pool of candidates for the last vacancy and she hoped people would throw their hat in the ring. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:05 p.m.