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Cmd110722 spec mtg Edmonds City Council Approved Minutes November 7, 2022 Page 1 EDMONDS CITY COUNCIL SPECIAL MEETING APPROVED MINUTES November 7, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember STAFF PRESENT Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Shannon Burley, Deputy Parks, Rec., & Human Serv. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council special meeting was called to order at 7:03 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Teitzel 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. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described procedures for in-person and virtual audience comments. Greg Brewer, Edmonds, commended councilmembers and planning board members who took the time to walk the perimeter of the BD2 with concerned citizens. This approach is a great way to share perspectives in real time, allowing people to imagine what could be for the downtown core. One thing for sure is that the future is bright for downtown businesses in Edmonds, but having adequate space is Edmonds City Council Approved Minutes November 7, 2022 Page 2 imperative. With the swelling population in Edmonds and the unprecedented addition of tens of thousands of residential units in the surrounding towns of Lynnwood, Mountlake Terrace and Shoreline, future demand for commercial space in the BD2 will increase. As the surrounding populations come to Edmonds for restaurants, shopping, services and recreation, businesses will require more space. Extending the street front line to all of BD2 can facilitate this future need. He urged the Council to vote to extend the street front line to all of BD2; it is the right thing to do to ensure a vibrant and diverse business core for years to come. Kathy Brewer, Edmonds, urged the council to support the planning board and economic development commission’s recommendation to permanently extend the designated street front blue line throughout the BD2 zone. Board and commission members are knowledgeable about what is important for the downtown and were thoughtful and prudent in making that recommendation. They realize the importance of the businesses and the need for more space to attract more businesses. Business space is highly desirable downtown and will become more so as Edmonds and the surrounding areas grow and develop. Businesses are needed to keep the downtown vibrant, diverse and attractive to citizens and visitors. If BD2 properties are allowed to be 100% residential, those commercial properties will be lost forever. The result will be more density and congestion and less parking. She urged the council not to let that happen and to vote to protect the BD2 and extend the blue line throughout. 6. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. COUNCIL APPOINTMENT TO A BOARD/COMMISSION 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 25, 2022 2. APPROVAL OF COUNCIL REGULAR MEETING MINUTES OF OCTOBER 25, 2022 3. APPROVAL OF COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 1, 2022 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 6. REGULAR PROPERTY TAX ORDINANCE FOR 2023 TAX LEVY AND EMS LEVY ORDINANCE 8. COUNCIL BUSINESS 1. POTENTIAL ACTION ON BD2 DESIGNATED STREET FRONT CODE AMENDMENT (AMD2022-0003) Planning & Development Director Susan McLaughlin explained this item is approval of the final ordinance that will determine the extent of the designated street front. Staff has consistently wanted to afford flexibility but recognize the council’s interest in extending the blue line into certain segments of the BD2 zone. She displayed the following maps from previous council discussions: Edmonds City Council Approved Minutes November 7, 2022 Page 3 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE BD2 DESIGNATED STREET FRONT MAP AS RECOMMENDED BY THE PLANNING BOARD AND EDC AT THEIR JOINT MEETING AND AS AMENDED BY COUNCIL TONIGHT AND HAVE THE CITY ATTORNEY BRING TO THE CONSENT AGENDA NEXT WEEK AN ORDINANCE THAT UPDATES THE CODE AND DESIGNATED STREET FRONT MAP ACCORDINGLY. Council President Olson referred to a comment made during the BD2 walk that the most frequent comment by residents during Reimaging Streets and Neighborhoods was that they loved Edmonds small town feel and asking that the council consider that the size, scale, and history of the buildings downtown, places that add charm are at the core of making that happen. Several people joined her on her walks through the BD2 zone and each person offered an interesting perspective. One of them, a retired developer, provided his perspective about how for example when a corner is wrapped with glazing the Edmonds City Council Approved Minutes November 7, 2022 Page 4 whole corner is more appealing from a pedestrian’s perspective so there is some actual esthetic value and quality of place value that comes from doing that. She has been and is still open to hearing councilmembers’ comments and looking at specific places where small segments could be removed. The planning board and EDC were generally on the right track to protect what is there in the BD2. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND TO REMOVE THE ENTIRE JAMES STREET SECTION AND HAVE IT WRAP AROUND TO THE ORIGINAL JOINING POINT, TAKE OUT THE STREET FRONT AS PROPOSED BY WHAT IS INDICATED ON 8.1A DRAWING. SO REMOVE ALL OF JAMES STREET AND THE MOST SOUTHERN NEWLY PROPOSED SECTION. Councilmember Paine explained this aspect is already well developed with high quality buildings, some of them new buildings and all but one corner is mixed use with commercial on the first floor and multifamily above. Changing the designation would only create a nonconformance and wouldn’t gain anything. Councilmember Teitzel asked if it was true that the entire downtown business corner would be considered during next year’s comprehensive plan process and that this could be refined as necessary as part of that process and therefore, what the council decided tonight would not be permanent for the next 20 years. Ms. McLaughlin agreed, commenting this is something staff mentioned during previous meetings and was staff’s original recommendation, to wait for the comprehensive plan because of the importance of looking at all the land uses collectively to understand the market better and afford the most amount of resilience in that analysis. Council President Olson asked for clarification. Looking at Exhibit A which adds designated street front to James and 2nd, she asked whether the building at the corner could choose which side they wanted to designated as their street front. Ms. McLaughlin answered that was correct. Council President Olson pointed out by accepting Exhibit A, the planning board and EDC recommendation in that section, the council would allow that versatility for that property. Ms. McLaughlin answered there are exceptions for Main & 5th which is required to have a primary entrance, but not on James & 2nd. Council President Olson asked what the amendment would achieve that the main motion did not. Councilmember Paine answered she wants to be absolutely crystal clear that extending the street front northward from James on 2nd Avenue doesn’t offer any clarity and does not create any nonconformance. Taking a 10-year view or just a 2-year view going through the comprehensive plan review made more sense to her. The address fronts on 2nd Avenue and would require switching a lot of things. Just for simplicity and to not create a lasting burden on any of the property owners, particularly the one on the northwest corner of 2nd & James, it does not seem to be necessary now because there will not be any changes along that avenue at this time because the buildings are well developed or new. Councilmember Buckshnis did not support the amendment. She is opposed to this master planning/remodeling of the BD2 zone and preferred to look at Ordinance 3918 which was never brought up. She preferred to look at the Roger Brooks master planning downtown model during next year’s retreat. She was glad the businesses finally came forward and recommended Community Service/Economic Development Director Todd Tatum be part of this discussion because this entire master planning process was done by Stephen Clifton when he was in that position. It is important to do the minimum and she will support the planning board and EDC’s recommendation, the drawing on the right side, as proposed by Council President Olson. This can be changed as part of the comprehensive plan update. Edmonds City Council Approved Minutes November 7, 2022 Page 5 UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS CHEN AND PAINE VOTING YES; COUNCILMEMBERS TEITZEL, TIBBOTT, BUCKSHNIS, AND NAND AND COUNCIL PRESIDENT OLSON VOTING NO. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND TO REMOVE THE DESIGNATED STREET FRONT FROM DURBIN. Council President Olson commented Durbin faces a parking lot that literally serves the library and nothing else. In evaluating what areas had value, that was one that stood out to her as being very superfluous as a designated street front. Councilmember Buckshnis said she would not support the amendment and referred to an email she received from McDonald McGarry which is near Durbin Drive. She preferred to stick with the planning board and EDC’s recommendation, noting there are buildings that could become apartment complexes which would dilute the entire BD2 area. Councilmember Tibbott expressed support for the amendment, finding it better to focus the street fronts on the main pedestrian areas which would be Dayton and Main and obviously the buildings on those streets will have front doors and windows that face the main pedestrian way. Durbin has nothing to attract attention. Council President Olson asked staff for clarification, that Main and Dayton are both mandatory designated street fronts and would have to face that direction and it would only be the sides of the building would not be required to be similarly glazed, etc. Ms. McLaughlin asked if the question was about a building that is on the corner of Dayton or Main. Council President Olson observed properties that face Durbin also face Main and Dayton and asked if by code they would be required to have a street front on Main and Dayton. Ms. McLaughlin answered with the except of a corner development on Dayton and Durbin, they could choose where their primary entrance would be. Council President Olson observed if Durbin were removed, they could not. Ms. McLaughlin agreed. Council President Olson said the amendment to remove the designated street front from Durbin reinforces the Dayton and Main facing of anything that also flanks Durbin. Ms. McLaughlin agreed. Councilmember Nand did not support Council President Olson’s amendment and concurred with Councilmember Buckshnis that the planning board did a really deep dive and rather than having councilmembers carve off parts of the designated street front based on their own personal opinions, it would be more appropriate to address those suggestions back to the planning board through their democratic process. The planning board spent literally hours and days walking the area and have a deep history. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS BUCKSHNIS AND NAND VOTING NO. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REMOVE THE DESIGNATED STREET FRONT FROM MAPLE DUE TO SLOPED TERRAIN OR OTHERWISE EXCEPT IT FOR THIS REASON VIA TEXT IN THE CODE. Council President Olson advised one of the requirements for the designated street front is a 7” walkup to the front door and based on slope on that street, that is impossible to achieve. She recommended removing the designated street front either by text or removing it from the map. Edmonds City Council Approved Minutes November 7, 2022 Page 6 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS TEITZEL, BUCKSHNIS AND NAND VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ACCEPT EXHIBIT B AS PRESENTED IN THE PACKET WITH THE VERBIAGE. Councilmember Buckshnis said she was unsure if this had ever occurred after a main motion was approved. She did not know exactly what schedule Councilmember Paine was referring to in the motion. She was unprepared to look through it as she had not realized it would be a separate thing. Council President Olson said her intent in the original motion was to include the language and verbiage. She asked if the city attorney and/or city clerk agreed that was already encompassed in her earlier motion and if it wasn’t, whether clarifying by being explicit was a good idea. City Attorney Jeff Taraday said he understood Council President Olson’s original motion to be the planning board’s two-part recommendation that included both exhibits A and B. Council President Olson reread her motion, approve the BD2 designated street front map as recommended by the planning board and EDC at their joint meeting and as amended by council tonight and have the city attorney bring to the consent agenda an ordinance that updates the code and designated street front map accordingly. Her thought and intent was that this would be included. Mr. Taraday said he understood that the motion incorporated the requirement to bring back an ordinance. Council President Olson said if it was not clear enough to include the code updates, this motion is probably a good idea. Mr. Taraday said either way was fine with him. He understood he would bring back an ordinance to adopt both exhibits A and B, but if the council wanted to provide clarification or additional direction, that was fine. Councilmember Paine said she just wanted to be clear; she heard the word “map” and did not hear that the table was included so she wanted to ensure the table was also included. MOTION CARRIED UNANIMOUSLY. 2. DEPARTMENTAL BUDGET REVIEW: PLANNING & DEVELOPMENT; PARKS, RECREATION, HUMAN SERVICES Planning & Development Services Planning & Development Director Susan McLaughlin reviewed: • Who we are o Planning & Development is a multidisciplinary team of professionals specialized in building, planning and code enforcement ▪ Building (8) ▪ Planning (9) ▪ Code Enforcement (1) ▪ Administration (1) o Permitting Team ▪ Building - Leif Bjorback, Building Official - Kristin Johns, Permitting Supervisor - Denise Nelson, Senior Permit Coordinator - Christina Barson, Senior Permit Coordinator Edmonds City Council Approved Minutes November 7, 2022 Page 7 - Les Krestel, Building Inspector - Eric Carter, Senior Combination Building Inspector - Kevin Bloomfield, Plans Examiner - Donovan Akau, Plans Examiner ▪ Planning - Michelle Martin, Administrative Assistant - Michael Clugston, Senior Planner - Brad Shipley, Senior Planner - Deb Powers, Urban Forest Planner - Michelle Szafran, Associate Planner - Tristan Sewell, Planner - Rose Haas, Planner - Planning Manager (Vacant) - Transportation Planner (Vacant) ▪ Additional Permit Review - Fire Safety  Karl Fitterer, Assistant Fire Marshal - Engineering  Rob English, City Engineer  Emiko Rodarte, Administrative Assistant  Jennifer Machuga, Engineering Permit Coordinator  Bertrand Hauss, Transportation Engineer  Jerry Shuster, Stormwater Engineering Program Manager  Jeanie McConnell, Engineering Program Manager  Jennifer Lambert, Engineering Technician  JoAnne Zulauf, Engineering Technician  Natalie Griggs, Engineering Technician • What we do o Planning & Development’s mission is to preserve and enhance our community's environment and quality of life. o We take pride in: ▪ Providing accurate, consistent, and timely permit processing ▪ Improving and extending public infrastructure ▪ Promoting building safety and managed land use ▪ Implementing adopted City codes, policies, plans, and standards ▪ Protecting the public's health and safety ▪ Providing excellent customer service • Development Services Permit History Edmonds City Council Approved Minutes November 7, 2022 Page 8 • 2022 Development Review: Snapshot • Project locations • 2022 Planning Projects (carry forward from 2021) o Street Tree Plan ▪ $29,193 ▪ Status: Project nearly complete ▪ Led by Parks in partnership with PDD/PW o Climate Action Plan ▪ $18,639 (ESA); $14,894 (Cascadia) ▪ Status: Final draft received ▪ Adoption in Q1 2023 o Canopy Assessment ▪ $21,250 ▪ Status: Project Completed o Highway 99 Community Renewal ▪ $42,685 ▪ Status: Work nearly complete ▪ Adoption in Q1 2023 • 2022 Planning Projects – Decision Packages (carry forward) o Climate Champions Series ▪ $20,000 ▪ Status: working in partnership with CPC ▪ Event anticipated in Q2 Edmonds City Council Approved Minutes November 7, 2022 Page 9 o Rooftop Solar Grant ▪ $150,000 ▪ Status: grant program is drafted ▪ Roll out in Q1 • 2022 Planning Projects – Budget Amendment (Planning Professional Services) o Comprehensive Plan ▪ $62,500; half from WA Dept. of Commerce ▪ Status: Initial visioning complete ▪ Next step is scoping o Building Professional Services ▪ $167,000 ▪ Status: $106K spent YTD on consultant plan • 2022 Planning Projects – Funded through professional services/ARPA o 2024 Comprehensive Plan Visioning ▪ $60,805 ▪ Status: Completed branding and managed comment cataloging and analysis from visioning phase o BD2 Graphics ▪ $3,000 ▪ Status: Illustrative graphics for development code o BD2 Market Analysis ▪ $20,032 ▪ Status: Studied potential impacts of changes to development code o Green Streets ▪ $89,250 ▪ Status: Completed 10% design for two pilot projects and has nearly completed a green street investment network • 2022 Planning Projects – Funded through professional services o Tree Code Public Engagement ▪ $30,000 ▪ Status: RFP issued o Reimagining Neighborhoods + Streets ▪ Street & Public Space Typologies: $91,925 - Status: Package is nearly complete - Adoption anticipated in Q1 2023 ▪ Public Space Activation Toolkit and Neighborhood Outreach: $71,705 - Status: Neighborhood outreach complete - Activation projects underway - Toolkit drafted - Adoption anticipated in Q1 2023 ▪ Equitable Engagement Framework: $72,650 - Status: Framework finalized - Provides an internal tool that standardizes inclusive engagement strategies with the goal of increasing participation from historically under-represented communities and building trust over time. • 2022 Planning Projects – Previously budgeted & completed this year o Waterfront Issues Study ▪ $45,000 ▪ Status: Study finalized ▪ Comprehensive Plan will address recommendations o Climate & Equity Gap Analysis Edmonds City Council Approved Minutes November 7, 2022 Page 10 ▪ $45,000 ▪ Status: Analysis finalized ▪ Recommendations will be carried into comprehensive plan scoping • 2023 Department Goals o Efficient and accessible customer service o Operationalizing equity o Building resilience • 2023 Decision Packages o 2024 Comprehensive Plan Update ▪ $300,000 (project carries into 2024) ▪ Description: Required by GMA. Creates a 20-year vision and growth strategy for the City. o Façade Improvement Program ▪ $250,000 ▪ Description: Support local business and revitalization of neighborhood business districts; grant program to address deferred maintenance and aesthetics • 2023 Budget Allocation o Goal 1: Efficient and Accessible Customer Service ▪ Graphic Support - $50,000 - Enables graphic illustrations to support code modernization and other on call needs to facilitate design regulations or discussions ▪ Meeting Minutes - $10,000 - Critical support for Boards & Commissions (PB, ADB, HPB, and TB) ▪ Hearing Examiner - $40,000 - Critical support for complex discretionary approvals ▪ Hybrid Meeting Support - $20,000 - Support transition to hybrid meetings, as needed o Goal 2: Operationalizing Equity ▪ Community Engagement - $50,000 - Funding to implement the EEF (translations, interpretations, mailings, compensation for community-based orgs) ▪ Consultation Manager - $10,000/annual - Software program that catalogs community feedback in a systematic way across teams, projects, divisions, and/or depts; this allows us to track input over time, which improves our planning acumen and helps to build trust (recommendation from EEF) o Goal 3: Building Resilience ▪ Building Professional Services - $43,000 - Ongoing support for complex projects, requiring specialists' reviews ▪ Critical Aquifer Recharge Code - $75,000 - Will be addressed in Comprehensive Plan; 2023 code amendment package ▪ Green Building Incentive Program - $30,000 - Encourage decarbonization of existing new buildings; incentivize LEED Edmonds City Council Approved Minutes November 7, 2022 Page 11 ▪ Digitization - $28,000 - Digitize historic subdivision files Councilmember Tibbott asked what technologies have been explored for hybrid meetings; one he has seen use effectively by the port commission is Owl. Ms. McLaughlin said her goal is not to plan the IT strategy for boards and commissions. She recognized the need and set aside funding in the budget for hybrid meetings. Funding will be as needed, because there may be a more universal, citywide solution. She has heard Owl mentioned by the IT department. Mayor Nelson said the IT department is looking at several including the Owl. Councilmember Tibbott liked the idea of using comment software. He was part of the subarea plan for Highway 99 years ago; there were many great comments at that time which obviously are difficult to access now. Comment software would provide an opportunity to achieve input from citizens. Councilmember Buckshnis commented planning & development has everything in professional services and not separate decision packages although most of the work is well below $100,000. She recalled one presentation to council regarding the Waterfront Issues Study, but there has been no communication with council since then such as council’s suggestion for more specified recommendations. The description of the Waterfront Issues Study states it will address all the recommendations; however, some councilmembers did not support some of the recommendations. Ms. McLaughlin said she needed to review the motion; her recollection was the study was supported when it came to council and she did not recall that there was intent to return it to council. Councilmember Buckshnis said her recollection was no motion was made because council wanted things changed; the council gave direction but no motion was made. She wanted to ensure council had a second review so the study reflected what the council wanted and the council’s recommendations. With regard to Reimagining Neighborhoods and Streets, Councilmember Buckshnis asked how staff would ensure it was all neighborhoods and not just the more active neighborhoods. She compared it to the distribution of ARPA funds to nonprofits where the first ten who applied received funding. Ms. McLaughlin said the great thing about Reimagining Neighborhoods and Streets is this is a citywide package that covers every street in the City. When it comes to council, there will be a street type and a cross section for every street, but those will only be pertinent when there is a capital project or a private development project on that street that includes public improvements. There will be street design standards that developers will have to follow at the time of project. That is also true for the activation toolkit; the neighborhood meetings were intended to raise awareness about how streets could be used in different ways. The toolkit hopes to standardize how to apply for a block party, to close a street for an afternoon, etc., and those tools will be available for every neighborhood. Staff has found downtown does a really good job of that, they know about those tools and use them often. Neighborhoods like Five Corners or Highway 99 do it less. Impowering residents to use these tools to activate their streets is the goal of the project. She assured there would be citywide benefits for both of the packages. Councilmember Buckshnis said her neighborhood used to have block parties all the time; when she was elected to council, people said her neighborhood got to have a block party because she was a councilmember. She assured them anyone can apply to hold a block party. Councilmember Buckshnis asked why the extra $40,000 for the hearing examiner was in the planning & development department budget. Ms. McLaughlin said it has historically been in the development services budget. Costs are actually going down because not as many projects go to the hearing examiner. Councilmember Buckshnis said that funding has never been highlighted before and she wondered if was above what the City usually paid. Edmonds City Council Approved Minutes November 7, 2022 Page 12 Councilmember Buckshnis asked whether the façade improvement program was only for businesses, and not City-owned facades. Ms. McLaughlin agreed it was. Councilmember Buckshnis inquired about the rooftop solar grant and asked if that was similar to last year’s solar grant program. Ms. McLaughlin answered it is the same program; it wasn’t launched last year so the funds will be carried over into 2023. Councilmember Buckshnis recalled bond funds were specified for that program. Councilmember Chen commented Ms. McLaughlin and the planning & development team have been busy and he appreciated all the great initiatives they bring forward. He was interested in the equitable engagement framework, recalling the initiative was started in 2019. He asked if the funds in the budget were a carryover or a new program. Ms. McLaughlin answered when she joined the City almost a year ago, it was one of the first things she wanted the department to do, come up with a standardized way to do inclusive engagement and ensure the tools were available. This consisted of understanding who the community-based organizations are, who community leaders are, how to connect with them, interviewing them, etc. to create a roadmap of the champions within the under-represented communities with whom the City can build trust over time. In addition, depending on the scale of the project, understanding the extent of engagement that is appropriate. For example, noticing for a development project may not require the same notification that the comprehensive plan update does. A scalable engagement strategy is part of the package. She summarized this did not relate to the effort in 2019. Councilmember Chen asked if the finalized framework will be presented to the council. Ms. McLaughlin answered she created the framework as an internal tool for her staff to use and hopefully spread to other departments; she was happy to make an informational briefing to council. The framework has been to the planning board on a couple occasions. Council President Olson like the pictures in the presentation not just because they were colorful but they are exciting which development should be. When everyone gets on the same page about what we want with regard to the comprehensive plan and visioning, it is easier to be excited when something new is built. She was surprised there wasn’t a decision package asking for more personnel for code enforcement, feeling that was an area where the City struggled. She was surprised that a city Edmonds’ size only had one code enforcement officer. Ms. McLaughlin said she has been tracking projects and hours spent and the code enforcement officer is not overburdened. Council President Olson asked about the rationale for the locations selected for the green streets pilot projects. Ms. McLaughlin answered ten trees were removed on Dayton between Sunset and 2nd across from the WWTP, unanticipated but necessary because the trees blocked the pedestrian clear zone and had outgrown their space. The trees either needed to be replaced or a better solution identified. In looking at the curb-to-curb width on Dayton and recognizing there was far more roadway space than necessary, it was determined to be good place, especially across from the WWTP, for an educational green street. The other pilot project location, it just made sense to look at east-west streets off Highway 99. There are two projects on 236th, Housing Hope and Terrace Place. By leveraging private development for those improvements, the green street in that location will not only serve the neighborhood but will also allow the City to engage in a public/private partnership to help with funding. With potentially more children in those developments, she envisioned the projects would create a public space through a great street design. Council President Olson referred to the earlier comment about the Waterfront Issues Study, recalling it was handled like a presentation, there was no motion and no approval. She did not have an issue with very many of the recommendations but there was one that she wanted to challenged, the recommendation that there had to be a connector to the waterfront that accommodated vehicles. She wanted to explore and vet whether there were other ways of dealing with public safety and fire issues before accepting that Edmonds City Council Approved Minutes November 7, 2022 Page 13 recommendation. She would like to have the study come back to council so at least that recommendation could be taken aside. Council President Olson referred to $75,000 for the critical aquifer recharge code, relaying her impression when talking to Olympic Water & Sewer that the code written by Snohomish County was good and the City could use that instead of spending $75,000 to create an original. She asked if staff had looked at Snohomish County’s code and determined that approach would not work. Ms. McLaughlin advised former Planning Manager Kernen Lien estimated these costs prior to his departure; Edmonds tends to cost more because its processes are lengthier so the cost factors in extra time to get the ordinance adopted. Parks, Recreation, & Human Services Parks, Recreation & Human Services Director Angie Feser introduced Deputy Parks, Recreation & Human Services Director Shannon Burley. She reviewed a department overview/2022 accomplishments through the third quarter and the 2023 Operating & Capital Budget decision packages: • Department Staff/Resources o Staff: ▪ 25 Full Time (reduced to 24 with moving cultural arts to community services/economic development) Edmonds City Council Approved Minutes November 7, 2022 Page 14 ▪ 3 Part Time ▪ 23 Hourly ▪ 14 Seasonal ▪ Operating budget: $6,500,000 ▪ Capital budget: $11,000,000 ▪ Divisions: 4 ▪ Advisory Groups: 5 (reduced to 4 with moving cultural arts) o Administration/Park Planning ▪ Direction of department/divisions ▪ Planning and Capital projects ▪ Land Acquisition ▪ Budget ▪ Accomplishments - 2022 Parks, Recreation & Open Space (PROS) Plan - Civic Center Playfield Project  96th Ave Infiltration Project (Civic SW Mitigation) - Salmon Safe Certification - Park Planner/Project Manager hired - Yost Bridge Assessments ‐ Shell Creek Study Proposal - Parks Maintenance Operations Assessment completed  Park Maintenance Manager Rich Lindsay retiring - Started park asset inventory project (in‐house) - Supporting Plan/Dev Services (Hwy 99 Revitalization, Green Streets, Public Spaces) - Capital Projects  Brackett’s Landing North Restroom repair/upgrade  Yost Pool Replaster completed  Greenhouse – variance, permit, JOC bid  96th Ave Infiltration - Concessionaire Agreements - Special Events Agreements - $2.9M Goffette Donation - Library Flood / Plaza Room support - Established system for remote Advisory Board Meetings - All Civic Park Memorial Benches/Tables sold ($66,000) ▪ Civic Park - Drawings and aerials  Pre-construction – August 2021  October 6, 2022 o Parks Maintenance Division ▪ 14 FTE/8 Seasonals ▪ Routine maintenance - All parks/facilities - Outdoor public spaces - City street landscapes and trees - Public Restrooms (5) ▪ Small capital projects ▪ Volunteer projects ▪ Yost Pool – year round - Replaced Chlorine injector - Spray Pad at City Park ▪ Bench Replacement (14)/Table refurbishment (4) Edmonds City Council Approved Minutes November 7, 2022 Page 15 ▪ Hwy 99 Project ▪ Tree Removals ▪ 100 Hanging flower baskets ▪ Cemetery burials ▪ Seasonal staff shortage – 2X OT allocation to cover ▪ Yost and Seaview Parks - Tennis/pickleball courts – pressure wash/new nets ▪ Support Special Events - Uptown Market (6) - Summer Market, Arts Festival, 4th of July, Taste Edmonds, Car Show, Safety Event, Oktoberfest ▪ New art installation at 6th & Bell ▪ Hwy 99 project plant inspections ▪ Bill Anderson Viewer installation/repair ▪ Interurban Trail vegetation trimmed back ▪ ADA Improvements (5 projects) o Recreation Division ▪ Staff: 10+ ▪ Frances Anderson Center ▪ Waterfront Center (limited) ▪ Rentals – shelters, fields, facilities ▪ Programs - Direct/indirect - Special events ▪ Environmental Education ▪ Recreation Programming - Reservations (NEW online registration)  24% increase in shelter rentals - Brand & Strategy Update (all NEW)  Digital CRAZE (program guide) New email communication system  Brand guide - Communication enhancement  Facebook  Print Material Notification for digital CRAZE (NEW) - 35% increase in participation/registration - Summer Camp – reinstated  2nd‐6th grades, 10 weeks, 312 participants  SEEK Grant ‐ $86,825  105 full scholarships awarded - Contracted Camps (24) - Programs  Gymnastics resumed in April  Fitness/Wellness classes (28)  11 NEW programs - Adult Athletics/Leagues Edmonds City Council Approved Minutes November 7, 2022 Page 16 - Meadowdale Preschool - Events  Earth Day (April 23rd)  Watershed Fun Fair (May 14th)  Health & Fitness Expo (May 21st )  Outdoor Movies (4) NEW locations throughout community  BirdFest (Sept 11th) - Environmental Education  Environment Resources Portal  K‐6 Spring Marine Education (2,500 kids)  Discovery Camps (5)  Discovery Interpretive Tables ❖ Olympic Beach, City Park ❖ Mathay‐Ballinger Park (NEW)  (3) Beach Ranger Naturalists patrolled beaches ❖ (Memorial – Labor Day) o Arts & Cultural Services Division ▪ Through Sept. 1, 2022 - Staff: 2 - Public & Visual Art - Performing Arts - Literary Arts - Community Cultural Plan o Cultural Arts Division ▪ Best Book Poster Program/Exhibit ▪ On the Fence Exhibits ▪ Summer Concerts (19) - Hickman Park (NEW location) ▪ 4th Avenue Cultural Corridor ▪ Hwy 99 Gateway project design ▪ Public Art projects - Floretum Club 100th Anniversary - Civic Park Art ▪ Write on the Sound (WOTS) Conference o Human Services Division ▪ Staff: 1 + 1 (contract service provider) ▪ Resource “Hub” ▪ Outreach and collaboration with Edmonds Police Dept. ▪ Urgent Needs Program ▪ Motel Vouchers ▪ ARPA Distribution • 2022 Accomplishments Edmonds City Council Approved Minutes November 7, 2022 Page 17 o Human Services ▪ Homelessness Task Force Recommendation ▪ Homelessness Assessment Report ▪ Compass Health Social Worker hired July 2022 - Dispatched/referrals from EPD - Participates in community court - Current client list of 45+ people ▪ Unlawful Occupation Ordinance ▪ Motel Acquisition Snohomish County ▪ ARPA Funding - Reopening grant portal - Ordinance revisions ▪ Urgent Needs Program/Care Kits (50) ▪ Provided FAC work space for South Snohomish Community Resource Advocate (1 day/week) ▪ Maintained long‐term motel vouchers (5) for Emergency Shelter ▪ Program Manager increased to FT ▪ Coordinated services for 141 individuals in first three quarters of 2022. Often individuals present with multiple needs. • 2023 Operating Budget Decision Packages (7) o Yost Park / Shell Creek Study: $220,000 (DP #23) ▪ ARPA Funded ▪ Existing Conditions Analysis (for entire creek within Yost Park) - Critical Areas Report - Cultural Resources Analysis (needed for bridge repair, trail re-routing) ▪ Recommendations and Action Plan o Salmon Safe Certification Implementation: $75,000 (DP #24) ▪ ARPA Funded ▪ Water Conservation Plan ▪ Integrated Pest Management Plan o Park Maintenance Operating Increase: $154,141 (DP #25) ▪ Increase in supplies (trash bags, dog waste bags, toilet paper & graffiti removal) ▪ Increase in utilities throughout park system ▪ Shift seasonal staff to limited term employees (9‐month) o New Park Maintenance Services (HWY 99 & Civic): $1,076,025 (DP #26) ▪ Highway 99 - 2¼ miles of highway median and landscape beds - Irrigation system - 129 Trees - 8,895 Shrubs/perennials, plus lawn - One‐Time Expenditures ($241,200)  (2) arrow trailers  Traffic Control Plan from WSDOT  Startup Supplies (safety signs, street cones, etc.)  Startup Small Equipment (hand power tools)  (2) Flatbed trucks - Ongoing Expenditures ($450,425 + Fleet charge)  Irrigation  Equipment rental expenses  Operating Supplies  (4) new Park Maintenance Worker FTE Edmonds City Council Approved Minutes November 7, 2022 Page 18  Training, uniforms and outfitting of necessary equipment for each employee ▪ 8‐acre Downtown Legacy Park - 4 acres of grass lawn - 1.6 acres of landscape beds (trees (122) and shrubs/perennials (24,250) - 2.25 acres of hardscape (sidewalks, play surfaces, skate park, track and Petanque courts) - 8,000 sf inclusive playground - 5‐room restroom - Amenities such as picnic tables, benches, lighting, trash receptacles and irrigation - One‐Time Expenditures ($235,800)  John Deere Gator  Ballfield mower  Top Dresser  Aerator  Small power tools and general equipment  Flatbed truck with dump function  Irrigation truck with storage body  (2) new Park Maintenance Worker FTEs*  Training, uniforms and equipment for each employee *New FTEs would be funded by shifting two existing FTEs into the Goffette donation funding - Ongoing Expenditures ($147,800 + annual Fleet charge)  Utility increase for irrigation, permanent restroom, lights, etc.  Equipment rental expense  Operating supplies o Gift Catalog Expenditure Authority: $0 (DP #27) ▪ SPENDING AUTHORITY - Increase: $45,000 to $120,000 - Bench & Picnic Table Replacement - Additional Memorial Gifts o Parks Beautification Program: $283,324 (DP #28) ▪ Goffette Donation ▪ Move (2) existing FTEs into fund ▪ Increase (2) Seasonals terms from 4 months to 9 months ▪ Supplies, Vehicles, Small Equipment ▪ $50,000 for Greenhouse o Cemetery Seasonal Labor: $10,000 (DP #29) ▪ Fund 130 ▪ Converting 5‐month to 9‐month position ▪ Cost of benefits only • 2023 Capital Budget Decision Packages (4) o Citywide Park Improvements: $295,000 (DP #79) Fund 125 ▪ Backlog of 50+ Projects ▪ Small Capital Projects and Deferred Maintenance ▪ Job Order Contracting ▪ Estimated Cost: $2,700,000 o Mathay Ballinger Park Improvements: $499,300 (DP #80) Funds 332 and 125 ▪ Paved Loop Pathway ▪ Shelter with Picnic Tables ▪ Permanent Restroom ▪ Estimated Cost: $499,300 Edmonds City Council Approved Minutes November 7, 2022 Page 19 o Yost Park Inclusive Playground: $257,500 (DP #81) Fund 125 ▪ Playground is 27 years old ▪ No current ADA access ▪ Funding Source: REET Fund 125 o Johnson Property Demolition: $200,000 (DP #82) Fund 125 ▪ Funding Source: REET Fund 125 o CORRECTION: Recreation Operating Changes: $0 (DP #TBD) ▪ Recreation program allocation changes ▪ Utility increase for Yost Pool offset by increase in Pool revenue Councilmember Buckshnis thanked Ms. Feser and Ms. Burley for all the work they do. She referred to the Goffette donation, relaying she was confused by decision packages 25 and 26 and submitted an amendment. She pointed out the importance of determining how the funds from the Goffette donation can be used and if it is beautification, Civic Park certainly needs to stay beautiful. She referred to the proposed addition of staff, an ongoing expense. Councilmember Buckshnis said she was still concerned about the Perrinville Watershed, recalling last year Snohomish County wanted to give the City Southwest County Park. A citizen provided a calculation regarding the funds required for policing and maintenance. She asked if staff has considered taking on that park, noting if the City wanted to look at the entire watershed, that park would be a key component, particularly to obtain federal funds. Ms. Feser responded she could develop numbers regarding the impact to the City of taking on maintenance of that site, noting it would require ongoing maintenance as well as capital improvements. People would expect improvements to trailheads, trails, signage, etc. if that park were brought into the City system. Councilmember Buckshnis agreed, recalling volunteers used to do maintenance in that park. Councilmember Buckshnis said her responses to the budget also included consideration of an ILA for Esperance Park and Meadowdale Beach Park. City permits were required for Meadowdale Beach Park project as the City borders the property. Looking at it from a regional park concept, she suggested reaching out to Snohomish County related to Esperance Park and Meadowdale to see if the City can help out as she knew Esperance Park was used a lot by Edmonds residents. Ms. Feser asked whether Councilmember Buckshnis foresaw an ILA related to improvements or for maintenance and operations. Councilmember Buckshnis answered she wanted staff to investigate that, envisioning it would be assistance with maintenance and operations. Council President Olson found the presentation very fun and it got her excited about everything Edmonds has to offer. She asked which 3 months the 9-month employee would have off. Ms. Feser answered it would be the winter months which are quieter for parks. The intent would be to hire in March/April and have them work 9 months in the spring, summer and fall; they would be off December, January, February. Council President Olson said that would be an ideal job for just about anyone, having three months off at the holidays when the weather is not great and they could go somewhere warm. There may be some retirees in Edmonds would want to come out of retirement and work for the parks department. Ms. Feser said it is not uncommon for people who ski or snowboard to do summer park maintenance and teach or ski/snowboard in the winter. Council President Olson said that sounded like an exciting option and she appreciated parks offering this alternative for consideration in the budget. Council President Olson said she was happy to hear about the ADA projects that were completed and hoped the City would stay that course and keep working hard toward those. She knew that was up to the council in this budgetary deliberative process and that there were a lot of projects that would be nice and/or fun to do, but the ADA aspect is really important. She recalled during the presentation that the restroom at Mathay Ballinger Park would possibly be a permanent. Ms. Feser said work on the design and Edmonds City Council Approved Minutes November 7, 2022 Page 20 permit has not been started; there are always concerns about the distance and cost of a water hookup and the size of the restroom and whether it could include storage. She did not want to promise a permanent restroom in case it is extremely expensive and cannot be delivered. That research will not begin until there is budget authority to move forward on the project. Council President Olson relayed when walking by Civic Park today, she noticed standing water on the southern border. She asked if that was expected with the recent rain or were there ways to mitigate the water retention. Ms. Feser asked if she meant on the field. Council President Olson answered yes. Ms. Feser explained the field is crowned in the middle to drain off and what Council President Olson saw was the ditch on the edge of the field that is intended to collect water which feeds into the stormwater retention system. She acknowledged there is some standing water and that is being studied. The system has been installed but it has been dry and hot for a long time and it has not operated yet. Issues include a chemical in the fertilizer that takes time to work into the grass and soil to absorb the water better and the infiltration system is being doublechecked to ensure water if moving through it. Having a little bit of puddling on the edge of the field is expected and is better there than in the field. Council President Olson was supportive of the 2 FTEs funded by the Goffette donation, commenting that was a very nice endowment given to the City. She hoped the funds could be used for a corner garden or baskets in another area of the City where they have not been before and not just in the bowl where they have always been. She asked if staff was thinking about funding that with the donation. Ms. Feser answered absolutely. Council President Olson asked about efforts to transition from gas to electric blowers. Ms. Feser answered the department is using and testing a couple electric blowers. There is still a lot of technology needed for the electric blowers as far as power, battery life and battery disposal. Electric blowers are used on lighter situations, but for example, wet leaves on downtown sidewalks, the gas power blowers are used because the electric blowers cannot move the leaves. When blowers are replaced, consideration will be given to electric models. With regard to recreational program, Councilmember Nand said she has noticed in past years if a person wants to celebrate MLK Days of Service, there are no projects in Edmonds listed on the United Way’s website. She asked whether parks would have the capacity to add options for people in Edmonds to pursue their day of service to honor Reverend Dr. MLK. Ms. Feser said staff could look at that, but unfortunately the City is very limited in their capability to offer volunteer opportunities because there is not a designated staff person. The environmental education program lead and the parks lead occasionally help with that, but with the transition in parks, it that has been difficult. The City has a contract with Edmonds Stewards to do work parties which leverages resources. She summarized staff will definitely take a look at that to see if there were opportunities for something locally. Councilmember Nand commented parks provides many incredible opportunities for engagement, getting people outside to participate in the community. Councilmember Nand relayed a question that a concerned citizen asked her and Councilmember Paine over Twitter this weekend regarding freezing temperatures and concern with unhoused people on the Highway 99 corridor and what resources she could donated to in Edmonds. Unfortunately she and Councilmember Paine were only able to point her to the Jean Kim Foundation hygiene center in Lynnwood. She asked whether the urgent needs program includes resources during extreme weather events when people who are unhoused may be in danger of experiencing frostbite or heat stroke. Ms. Burley answered there is an emergency cold weather shelter in Lynnwood; the only reason it is not open this week is they are in the process of hiring and training overnight staff. One of Edmonds’ unhoused individuals applied for that position today, a neat opportunity to bring things full circle. The Everett cold Edmonds City Council Approved Minutes November 7, 2022 Page 21 weather shelter is experiencing the same challenge, hiring and getting the shelter up to speed. That leaves the only available emergency cold weather shelters in areas such as Monroe and other outlying areas. Ms. Burley continued, typically cold weather shelters are open overnight and accessible to Edmonds residents as soon as temperatures dip near freezing. With regard to the urgent needs program, the care kits are seasonally based so winter care kits include things like protection from the rain, gloves, hats, wool socks, handwarmers, personal hygiene kits, etc. Those are prepared and distributed to the police department so officers have them in their vehicles for distribution as needed. The kits also include information on how to connect with 211 and housing navigators and with the City’s social worker and the human services coordinator to access more resources such as motel vouchers. Councilmember Nand referred to the amount of plants that will be added to the median during the Highway 99 revitalization project and asked if there will be an emphasis on adding pollinators, specifically milkweed that would support the endangered monarch butterfly population. Ms. Feser answered Highway 99 has a number of perennials and all flowering perennials support pollinators although some are better than others. Civic Park will include a pollinator meadow specifically designed to support pollinators and the plants they like the most. Funding for the pollinator meadow was provided by the Hazel Miller Foundation. Councilmember Nand thanked Ms. Feser and Ms. Burley for the work they do in representing the City to the larger community, putting an incredible face on Edmonds and the work of the Edmonds government. Councilmember Paine referred to the extensive work that will be needed on the Shell Creek streambed in Yost Park and asked how long the assessment and permitting will take. In reading the decision package, it appears the permitting will be extensive. Ms. Feser answered the study itself will provide information for the permits and enable the work to be done. If that study can be started in Q1 2023, she was hopeful it could be finished by the end of the summer, depending on consultant availability, and use the remainder of the year to determine what projects to do. She was aware the weir project was of interest to some councilmembers and community members; depending on the study, it is possible that project could be done outside of the fish window. She was aware there were historic and environmental components to the weir issue. She envisioned getting the study done in 2023 and projects such as bridge repair/replacement, trail realignment likely would occur in 2024. Councilmember Paine expressed her appreciation for the proposed flexibility with seasonal staff, and supported the proposal to go from five months to nine months due to the amount of additional maintenance. As Councilmember Nand mentioned, she is also interested in giving consideration to more human services support to assist people during inclement weather which includes cold as well as heat waves as extreme weather events such as tonight’s pouring rain will be happening more frequently. She recalled there used to be a cold weather shelter at the old senior center; she asked about that last year and they were pretty resistant. She thanked the department for their efforts, commented this is a big ask but the requests are very clear. Councilmember Chen thanked Ms. Feser and Ms. Burley and their team for their great work, especially spreading activities throughout the City. He enjoyed attending some of the activities in other areas. He asked about the City’s involvement with the hotel that Snohomish County purchased on Highway 99 within Edmonds. He felt Edmonds does its share dealing with the unhoused population and some residents in the area have concerns about that hotel and are interested in the channel for communicating their concerns and gaining knowledge. Mayor Nelson advised as this is a departmental budget review, he suggested keeping questions related to the budget. Councilmember Chen advised this is one of the presentation points on package page 297 so it is related to the budget. Edmonds City Council Approved Minutes November 7, 2022 Page 22 Ms. Burley advised no funding has been requested from the City’s General Fund or any special funds to support the operation or purchase of the motel as that is covered by Snohomish County. She has shared documents with council as they have been received and they are available on the City’s website. She encouraged everyone to read the FAQs on the human services website; it is very specific in terms of Snohomish County’s plans for outreach and working with neighboring businesses. There is a very small residential impact within 500 feet of the property but there are a few larger commercial developments in that area. The FAQs include a lot of information regarding how Snohomish County intends to communicate and set up the motel. She invited council to provide input on what they would like to see so that can be shared with Snohomish County. In response to Councilmember Paine’s comments, Ms. Burley said staff would like Snohomish County to consider whether there would be space on that site to accommodate unhoused individuals during extreme weather events. The motel would be a much better location than the senior center given its proximity to transit. Councilmember Chen commented that is a very thoughtful approach to councilmembers’ comments about extreme weather. 3. EDMONDS CITY ATTORNEY WORK GROUP STATUS REPORT Councilmember Teitzel recalled when the council discussed this issue at the September 20 meeting, he presented data and relayed the city attorney contract expires December 31, 2022. A work group of councilmembers was formed to vet data and develop options to bring to council for discussion. The work group consists of Councilmember Paine, the former council president, Councilmember Chen, a professional CPA, and himself who worked on this in 2019 and is familiar with issues around the contract. The work group has been verifying the data Lighthouse presented to council on August 23. He referred to page 248 of the packet related to hours Lighthouse worked for Edmonds in 2021 and billing during that year which calculates to an average effective rate of $185/hour in 2021. On packet page 351, Lighthouse reported they worked 1,855 hours January-June 2022 and billed $323,718 via the flat fee, which is an average effective rate of $175/hour. The work group reviewed that data in a very objective and methodical manner to assure themselves the hours reported were accurate. The packet includes an annual summary report for those two years of hours worked by topic. The work group also reviewed additional confidential data to ensure those numbers balanced, which they did. Councilmember Teitzel relayed the work group concluded the hours reported and the fees paid were in fact correct and the rate per hour was also correct. The work group concluded the City is getting a pretty deal from a financial standpoint. Having said that, there is still work to do to assess the quality of the work the City receives from Lighthouse which will take time to complete and will involve surveys, interviews with key stakeholders, and assessment of litigation Lighthouse has done on behalf of Edmonds. That will take time so work on the 2023 contract needs to be completed. The group was also asked to pursue an independent legal review of the proposed Lighthouse contract in terms of legality. He personally contacted a number of legal firms in the area and ultimately was directed to the Madrona Law Group in Bellevue who was recommended as a very unbiased and excellent law firm familiar with municipal law. The City contracted with them and their assessment was previously shared with council. They took a detailed look at the contract and determined it was legal and gave a green light for the City to proceed with the contact. The recommended modifications and clarifications to the contract will be integrated into the draft that will be presented to council for further discussion. With regard to next steps, Councilmember Teitzel said the work group will draft several options for council to consider in open session, but the group will not recommend any particular options. Discussion with Lighthouse will also be required to reach an agreement, hopefully as soon as possible. An extension of the contract with Lighthouse is necessary to allow the work group to complete its due diligence in 2023. There are also plans in 2023 to issue an RFP to solicit bids from contract law firms to see what else is available in the market as a matter of due diligence for the City and constituents. There will also be an Edmonds City Council Approved Minutes November 7, 2022 Page 23 assessment done of the benefits and drawbacks of contracting for city attorney services versus hiring in- house which will also take time for the work group to flesh out and bring back to council. At every step, the work group will work to collect and assess information in an impartial and accurate manner and will develop options that will be presented to council for discussion and decision in open session. Councilmember Teitzel relayed a comment he received regarding the accuracy of the hours worked data, that the hours might be inflated. He asked City Attorney Jeff Taraday to describe how that data is developed by his attorney group. Mr. Taraday said everyone has heard the jokes about attorneys and their hourly billing practices. Those jokes are based on the reality that the vast majority of attorneys bill their time in 6 minute increments. That hourly billing model requires some level of trust between the attorney and client; to help build that trust, attorneys provide narrative descriptions of the tasks they performed and the amount of time spent on those tasks. For the past 12 years, Edmonds has not had to worry about the amount of time attorneys at Lighthouse work on the City’s behalf because Edmonds has engaged Lighthouse on a flat fee basis; the same fee is charged each month regardless of the hours worked. If Lighthouse is paid on a flat fee basis, one might wonder why do the attorneys at Lighthouse keep track of their time in 6 minute increments. He explained that is done because each month, after Lighthouse earns the fee, the fee is distributed among the seven attorneys who serve Edmonds and the time recorded is one of the factors used to fairly allocate the fee internally. There is no paralegal time in those attorney hour reports, it is all attorney time. There is absolutely no reason to inflate those hours because Lighthouse earns the same amount regardless. The hourly reports are a function of Lighthouse’s internal billing software and are included in the monthly narrative description of service. Mr. Taraday continued, the work group had an opportunity to review two redacted sample months where they saw the detail. The irony about the question related to inflated hours is imagine what the concern would be if Lighthouse did bill on an hourly basis? What would the City do in that context to determine whether the hours were inflated or not? This is something that every client of every attorney has to on some level get comfortable with, either through obtaining an estimate from an attorney of how long a task will take or reviewing the detailed narrative descriptions and deciding if that seemed like a reasonable or unreasonable amount of time to spend on a task. If the City were actually paying the Lighthouse on an hourly basis, that would be something the City would need to worry about more than it has had to for the last 12 years. He summarized the time records need to be accurate for Lighthouse’s own internal purposes despite the fact that they have nothing to do with the fee the City pays. With regard to the redacted column on the right side of the report, Mr. Taraday explained the billing software did not allow him to generate a report that did not include that column. The redacted dollar amounts in that column are not relevant to the City because the City pays a flat fee. That information is related to Lighthouse’s internal formula; the billing software takes the flat fee and uses the time to make it fit in the flat fee and produces a number. He thought it would be misleading to the public and the council to have it unredacted, which is why he suggested it be shown redacted. That information relates to Lighthouse’s own internal compensation structure which is really no one’s business but Lighthouse attorneys with regard to how the fee is shared among themselves. Every law firm he has ever worked at has an external billing structure, the rates that the attorney shows to the client, and an internal billing structure that the client never sees. The client never sees the percentage that each attorney working on their matter receive, that is all internal to the law firm. This is no different, which is why it is redacted; it is proprietary to the law firm and has no relevancy to the services the City receives and the value of those services. Councilmember Teitzel advised that column was irrelevant to the work that the work group has been doing. He asked if other work group members had follow up comments. Edmonds City Council Approved Minutes November 7, 2022 Page 24 Councilmember Chen said as Councilmember Teitzel mentioned, the work group’s focus has been on the quality of legal services provided and verifying the amounts presented in the August report. Those amounts agreed with the detailed documents the work group gathered from Lighthouse, confirming that the hours represented the services the City obtained. One of things that came up among the work group members was the look back clause in the proposed contract. The group will propose different option to the full council for discussion. Councilmember Paine agreed with the comments from the other work group members. The work group’s work product will be available to the public once it is polished up; it is still in a very rough form. The work group does not plan to make any recommendations and she anticipated a lively discussion at council that will need to happen before the end of the year. There is time tentatively scheduled for that discussion and she hoped it could be wrapped up swiftly. Councilmember Teitzel expressed his appreciation for the efforts of Councilmembers Paine and Chen to do their due diligence on behalf of council. He looked forward to the council having a full, robust discussion during open session. Council President Olson said it sounded like the timeframe when everything would be happening was somewhat loose. From scheduling a standpoint and because the contract term is coming up, she hoped to put some structure around it. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO HAVE THE PROPOSALS FOR LEGAL SERVICES’ ONE YEAR CONTRACT EXTENSION BACK FOR PRESENTATION TO COUNCIL NOT LATER THAN TUESDAY, NOVEMBER 22ND AND A COUNCIL VOTE ON HOW TO PROCEED NOT LATER THAN TUESDAY, DECEMBER 6TH. Council President Olson explained both the budget and the legal services contract extension are legally required to be addressed by the end of this year. With the contract extension, depending on what is acceptable/unacceptable to council and the city attorney, there needs to be a margin after the vote to deal with a worst case scenario so it is critical to prioritize this in terms of timeframe. Councilmember Buckshnis commented some people like the week after Thanksgiving to work on things. She was unsure the strict schedule proposed by Council President Olson could be met. She knew this was a lot of work because she did it by herself in 2014. She preferred to wait until after Thanksgiving so additional work could be done. Councilmember Teitzel agreed it was a tight schedule and he appreciated and respected Councilmember Buckshnis’ comment. He was also concerned if the council and the city attorney could not reach an agreement, there needed to be a plan for the “nuclear eruption” and a little time in December to figure that out. Waiting until early/mid-December does not allow any time to pivot should that be necessary. Councilmember Paine agreed with Councilmember Teitzel’s comment. Mr. Taraday pointed out the proposed budget does not include any increase whatsoever for city attorney services. Assuming for the sake of discussion the council and he are able to reach an agreement on a contact for next year, there would also need to be a decision package that corresponds with that contract. He suggested councilmembers keep that in mind as they deliberate on the timeline. UPON ROLL CALL, MOTION FAILED (3-3-1); COUNCILMEMBERS TEITZEL AND TIBBOTT AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE AND NAND VOTING NO; AND COUNCILMEMBER BUCKSHNIS ABSTAINING. Edmonds City Council Approved Minutes November 7, 2022 Page 25 Mr. Taraday pointed out the mayor could break a tie on this motion if he wished. Mayor Nelson declined. Councilmember Buckshnis expressed her appreciation for the work that is being done; she knew how detail-oriented Lighthouse is because she went through the data with Mr. Taraday in 2014. She observed during COVID, the city attorney attended all committee meetings; in the past, pre-Zoom, the city attorney only came to committee meetings when they were needed. She asked if there was a spike in the time dedicated to council as a result. She recalled Tom Brubaker from Lighthouse attended a recent Finance Committee meeting and there were no questions for him. Mr. Taraday said he could not remember when the city attorney began attending committee meetings, but agreed that would generate additional hours. He was happy not to attend committee meetings if the council did not want him to. Councilmember Buckshnis said she did not know why Mr. Taraday was suddenly attending committee meetings, she thought it was a Zoom requirement or part of the governor’s proclamation. Mr. Taraday said he could not recall when that began, but it was not a Zoom requirement or required by the governor’s OPMA proclamation. In some cases he attends committee meetings because either staff or a councilmember has asked him to attend. Over time those requests became frequent enough that he decided to attend all the committee meetings. Councilmember Buckshnis did not recall that happening until meetings were on Zoom. Mr. Taraday said that may have been a coincidence, but it was not because of the pandemic or the governor’s OPMA proclamation. It may have corresponded with that coincidentally. Councilmember Buckshnis observed the city attorney’s hours for council in 2021 were 448 and 304 for the first six months of 2022 (annualized at 608), which is a 30% increase. She recalled when the committees met simultaneously, Mr. Taraday did not attend all the committee meetings. Mr. Taraday said that may have had something to do with him attending committee meetings. Once it became possible to attend all the committee meetings and it was easy to attend because there was no travel involved, that may have been a factor in why Lighthouse started attending those meetings more regularly. Councilmember Buckshnis said she was just making an observation and thought Lighthouse’s records were great. Council President Olson asked which part of the motion was problematic, whether it was to have the proposals presented no later than November 22 or the date to make a final decision. She asked if the work group was comfortable with the proposed date for a presentation on the contract extension. Councilmember Teitzel answered it will depend on the number of options the group develops and brings back to council and that will depend on Councilmember Paine’s discussions with Mr. Taraday and developing those options. He reiterated the work group will not recommend an option, but will present options to full council for debate in public session. He did know how much more work or time would be involved in that effort; more may be known as early as tomorrow. Councilmember Paine said she is meeting with Lighthouse tomorrow and she understood that Lighthouse would have an internal meeting shortly after. Councilmember Teitzel said it is important to move this along as quickly as possible so there is some flexibility and time in December if the worst case happens. In his opinion, a final vote on December 5 seemed like a good target. Councilmember Nand thanked the work group for their work. She asked whether the comment about Lighthouse’s use of hours was an internal comment from City staff or from a member of the public. She asked if there was a way to distinguish between comments from City staff who interact with Lighthouse versus observers from the public. Councilmember Teitzel said the comment was from a member of the public and the concern was if the number was inflated and that was used in the calculation of the effective Edmonds City Council Approved Minutes November 7, 2022 Page 26 average rate per hour, it would make it look like the effective average rate per hour was lower than it really is. Mr. Taraday has assured that the numbers are accurate, the work group has looked at the numbers and found everything balanced appropriately so, short of doing a full audit of Lighthouse’s hourly tracking system, as far as can be discerned, everything is accurate and the hours are correct. Councilmember Chen commented on the work group’s internal due diligence to obtain the hours worked from Lighthouse and tie it to the summary report that Lighthouse presented during their report to council in August lighthouse. Mr. Taraday advised the consent agenda included two ordinances 4280 and 4281 related to the levies. He just realized those ordinances do not include effective date clauses. Unless the council objects, he will insert the appropriate effective date clause after the council meeting and have that version signed by the mayor. There were no objections voiced. 9. MAYOR'S COMMENTS Mayor Nelson thanked the Snohomish PUD for their response to the storm-related power outages that impacted numerous Edmonds residents. He also thanked all the unseen city workers in public works, storm and parks who were out removing an inordinate amount of debris, trees branches, etc., even the pool was full of debris. He thanked all the crews for making that happen safety. Tomorrow night is election night; he wished all the candidates good luck and reminded the public to vote if they hadn’t already. 10. COUNCIL COMMENTS Councilmember Teitzel echoed Mayor Nelson’s comments, Edmonds is proud to have a good voter turnout rate compared to the rest of Snohomish County and state but from his perspective, it is not good enough, he would like to see 75-85% turnout. The more people that vote, the better the system will be. He thanked Director McLaughlin, Brad Shipley and the other City staff and volunteers who put on the Porchfest event. He attended the event at the Red Barn on 5th Avenue, which was a lot of fun with live music, hot cider, etc. He applauded everyone involved who made it a success. Councilmember Chen echoed the comments about the tremendous effort by City employees who dealt with the storms and whose efforts brought life back to normal. Tomorrow is election night and he wished the candidates the best of luck, noting democracy depends on voter turnout. Councilmember Buckshnis thanked the citizens who continue to reach out and ask her budget questions. She thanked the administration for the yearend review; she learned a lot and it helped clarify some things. Councilmember Buckshnis highlighted a book authored by Hank Landau, a fixture on the Mayors Climate Protection Committee for many years, “The Misadventures of Cross-America Kayaker.” All royalties will go to the Native America Rights Fund. She reminded the public to vote. Council President Olson echoed the mayor and councilmembers comments and shoutouts to the frontline workers and urging people to vote. She extended her sincere thanks to the legal services work group and the entire council, recognizing everyone has been working a lot of hours. She invited the public and council to the Veterans Plaza on Friday, November 11 at 11 a.m. to pay tribute to veterans in the community and veterans everywhere who sacrificed so much to keep us free. Councilmember Paine echoed the thanks to City workers and everyone who cleared debris from the windstorm. She noted the impressive change in the weather, just three weeks ago the area was inundated by wildfire smoke. Edmonds City Council Approved Minutes November 7, 2022 Page 27 Councilmember Paine described a demonstration project Community Transit is doing in Lynnwood where people use a Smartphone app to request a van to pick them up and take them to their destination, for the cost on their bus pass. This exciting program is being rolled out in Lynnwood this year and Community Transit plans to extend it next year to Darrington, Arlington and Lake Stevens, areas selected based on need and connectivity issues. She plans to spend time practicing using it and invited others to join her. She would like to see it come to Edmonds eventually to allow residents to skip a car trip and use a Community Transit van to visit the hospital district, the ECA, etc. Councilmember Tibbott commented his family had the unfortunate experience of not receiving their ballots in the mail this year. He discovered it is easy to download a ballot online from the website, fill it out and drop it in a ballot box. For anyone else who did not receive their ballot in the mail, he encouraged them to download it online. Amazingly, their ballots showed up in the mail today; apparently there are safeguards in place to prevent people from voting twice and he assured his family would not vote twice. Councilmember Tibbott reported he and his wife had fun this weekend walking through parks in the City and it was fun to see young families with strollers and small kids looking under logs and rocks for insects. He assured Edmonds is alive and well and it is a great time of year to get outside even if it is blustery. With regard to the windstorm and power outage, Councilmember Nand commend Edmonds residents who checked on their neighbors, especially elderly neighbors, to make sure they were okay. There are a lot of vulnerable people in the City and when public works is dealing with downed lines and trees blocking roadways, neighbors can get overlooked. Councilmember Nand announced she appointed Lucy Lakefish to the Youth Commission, seat #8 and the Youth Commission is now fully seated. She met with Lucy, an Edmonds-Woodway High School student, and found her very engaged. She told Lucy when she was a high school student in the early 2000s, she had no idea who her city councilmembers or the mayor were. She commended Lucy and her generation for their level of political engagement and thoughtfulness. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:55 p.m.