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2024-06-25 Council Minutes Edmonds City Council Approved Minutes June 25, 2024 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES June 25, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Rod Sniffen, Assistant Police Chief Ross Hahn, WWTP Manager Rob English, City Engineer 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 6:59 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Nand 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 PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Brian Goodnight, Edmonds, said in 2008 Ann Bullis was the plans examiner for the City for multifamily. The City’s code says a 4:12 roof on multifamily needs a continuous 4:12 roofline, but a building over 24’ wide, which most are, the roofline goes up, down, up and down so there are buildings with drains in the middle of the roof which he doubted existed on anyone’s single family roof. Ms. Bullis would compromise and have a 4:12 roof around the edges so it looks like a 4:12 and a giant commercial grade flat roof with the drains in the right places which is not a problem because most of the multifamily built with continuous Edmonds City Council Approved Minutes June 25, 2024 Page 2 roofs with drains in the middle all have problems because there’s no code-approved assembly to make that work. It becomes a consumer problem, requiring buildings to be reroofed early. He built the building kitty- corner from the public safety building that has a flat roof but isn’t visible from below. He recommended the City amend the code, noting there are few multifamily properties remaining and he is done building, but for any consumers in the future who may buy a condo and have a drain in the middle of their building that has to drain somewhere, he recommended the code be amended. Chris Gardner, Edmonds, a resident on 220th, referred to a letter he submitted to Transportation Engineer Bertrand Hauss and copied Councilmember Chen regarding the City’s traffic calming program with an April 30 submission date. Although their submission was late, he and eight other residents on 220th submitted a traffic calming request. HB 2384, passed by the legislature in March, enables certain municipalities to incorporate speed cameras on streets considered at risk. He and the eight other residents submitted a request for speed cameras. He lives on the hill and Westgate Elementary is approximately a block from their house where school zone cameras were implemented within the last year. The school zone cameras help during school hours but speeding and the need for traffic calming occurs during non-school hours. Their other concerns include that 220th is posted as no commercial vehicles and local deliveries only, but semis, box trucks, dump trucks, etc. use the street throughout the day and there is no police enforcement. Ken Reidy, Edmonds, said for years he has pointed out the city council has been provided false, misleading, inaccurate or incomplete information. An email from Councilmember Tibbott to two fellow councilmembers dated November 19, 2023 stated, “I can affirm that Will and I were stonewalled and given false or misleading information when we asked for it.” He encouraged the council not to vote on anything tonight under the influence of false, misleading, inaccurate or incomplete information related to both red light camera business items. With regard to the city attorney’s annual report, he focused on executive session, relaying on February 28, 2024, the planning board convened in executive session to discuss pending or potential litigation, something he had never seen before. He requested the council ask the city attorney how that works, whether the planning board can convene their own executive session to discuss pending or potential litigation. Mr. Reidy continued, on June 27, 2023, then-Council President Tibbott stated shortly before 10 pm that he wanted to call for an executive session for 10 minutes. It was his understanding for council to go into executive session during a council meeting, a councilmember must make a motion, the motion must be seconded and the motion is debatable; none of that happened. Council did not vote to conduct an executive session or amend its meeting agenda. Instead the presiding officer, former Mayor Nelson simply stated very well then, we will adjourn. Before he could finish speaking City Attorney Jeff Taraday interrupted and declared the executive session was to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. Mr. Taraday is not the presiding officer of the governing body and he questioned what gave him the authority to make this public announcement. Neither the former mayor nor Mr. Taraday disclosed the time the executive session would be concluded. He questioned the likelihood of increased price in this situation when the purchase price of $37 million, all cash at closing, had been known for days and as such the RCW regarding executive session did not apply to that acquisition of real estate. He requested the council ask the city attorney whose duty it is to see that all laws and ordinances are faithfully enforced and what must happen when that duty is not met. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 3. WRITTEN PUBLIC COMMENTS REGARDING ADU CODE AMENDMENTS 4. MAY 2024 MONTHLY FINANCIAL REPORT Edmonds City Council Approved Minutes June 25, 2024 Page 3 5. OPTION FOR CONTRACT FOR FIRE/EMS SERVICE WITH SOUTH COUNTY FIRE REGIONAL FIRE AUTHORITY (RFA) 6. OUTSIDE BOARDS AND COMMITTEE REPORTS 7. PLANNING BOARD QUARTERLY UPDATE 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON 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 JUNE 4, 2024 2. APPROVAL OF COUNCIL MEETING MINUTES JUNE 4, 2024 3. APPROVAL OF COUNCIL MEETING MINUTES JUNE 11, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. REAPPOINT DAVID BREWSTER FOR POSITION #3 TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD EPFD 7. ARLINGTON AIRPORT USE AGREEMENT 8. COUNCIL RULES OF PROCEDURE SECTION 1 & 2 AUTHORITY AND COUNCIL ORGANIZATION 9. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH WSP FOR CONSTRUCTION MANAGEMENT SERVICES ON THE 76TH AVE OVERLAY PROJECT 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PERRINVILLE FLOW REDUCTION STUDY UPDATE 11. APPROVAL OF PERRINVILLE FLOW REDUCTION STUDY UPDATE - INTERLOCAL AGREEMENT (ILA) BETWEEN THE CITIES OF EDMONDS AND LYNNWOOD 12. RESOLUTION BUDGET CALENDAR 13. CREATIVE DIST. GATEWAY ART RFQ 8. COUNCIL BUSINESS 1. PRESENTATION OF 7317 LAKE BALLINGER WAY PROPERTY PURCHASE City Engineer Rob English reviewed: • Vicinity Map • Site Plan Edmonds City Council Approved Minutes June 25, 2024 Page 4 • Property Details o 0.55 acre parcel o Vacant single family residential property o Partially demolished home (original size 2,413 sf; built in 1944) o Lies within Lake Ballinger floodplain o Existing nonfunctional boat dock o Wetland on site o Change from the presentation to the Finance Committee: Stormwater pipe is located on the adjacent property • Reports and Appraisal o Completed Reports  Phase 1 Environmental Site Assessment  Hazardous Building Materials Survey  Wetland Delineation  Inadvertent Discovery Plan  Baseline Inventory  Appraisal (Initial $480k Value)  Appraisal Review (Revised Value $520K) • Stewardship Plan o Required by Department of Ecology o Current Conditions o Land Management Goals & Objectives  Short-term: - Demolish structures - Remove impervious surfaces - Restore to green space.  Long-term: - Stormwater Management - Restoration & Maintenance • Water Quality Deed of Right o Required by Department of Ecology (DOE) Edmonds City Council Approved Minutes June 25, 2024 Page 5 o City Requirements  Protect and maintain property  Provides access to DOE for inspections  Comply with specific prohibitions (Section 2)  Comply with permitted uses and activities (Section 3) • Benefits o Improve water quality in Lake Ballinger and downstream creeks  Remove existing structure and pollution generating surfaces from site  Restore natural floodplain area  Improve condition of wetland and buffer  Opportunity for stormwater treatment facility for runoff from SR-104 • Purchase & Sale Agreement o Purchase & Sale Agreement with purchase price of $520,000  $10,000 Escrow  Initiate - 30-day title review - 75-day inspection period  Seller Disclosure Statement  City Council resolution approving purchase of property (future City Council meeting) • Funding o Acquisition  $500k Grant secured from Department of Ecology in 2022 - Funding Agreement approved by city council (April 18, 2023)  Local match Stormwater Utility Funds o Land Management Goals & Objectives  Stormwater Utility funds  Future grants  Community engagement • Staff recommendation o Authorize staff to execute Purchase & Sale Agreement with purchase price of $520,000. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AUTHORIZE STAFF TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON THIS PROPERTY. Councilmember Nand complimented parks & recreation and public works staff for their work in acquiring this property and funding the purchase via a grant. She was hopeful there could be some sort of community engagement in the future. She knew the grant was targeted toward stormwater treatment, therefore the ability to put impervious surface on the site will be limited. However, there is very limited access to the lake for recreational purposes on the Edmonds side of the lake. Mountlake Terrace bears the brunt with their much more developed public access point and there is no public access on the south side of the lake for kayakers, etc. There are plenty of private docks, but she was interested in exploring possibilities to increase public access and community engagement through this property which would be very beneficial for southeast Edmonds. Councilmember Eck expressed support for the motion, commenting the opportunity to salvage this property for these purposes is rare in this area. Mr. English explained the Water Quality Deed in the packet limits a boat launch or that type of use as a future option. The site is to be used as green space and/or water quality type features. He cautioned the deed locks the City into maintaining the site as green space. Edmonds City Council Approved Minutes June 25, 2024 Page 6 Council President Olson commented the idea of accessing Lake Ballinger from the Edmonds side is a great idea and everyone should keep their eyes open for those opportunities. With this property being in the flood plain, this is a great opportunity to use it for stormwater. She applauded staff for pursuing this grant as a source for stormwater and preserving the site as open space. She asked whether casual things like picnicking could happen on the site. Mr. English said that could be pursued with the Department of Ecology, but he could not confirm that at this time. He reiterated the Water Quality Deed limits uses to maintenance of the site and accessing the site for that reason. Council President Olson said she was supportive of the motion assuming nothing else could be done with the site as open space is worth preserving and obviously it is not a great place to build a house. Councilmember Nand clarified she was perfectly fine with potentially no future engagement on the site. It is clear it has become a nuisance property and the City’s purchase and demolition is likely a great relief to the neighborhood. If there is any possibly for public engagement or access in the future to the south side of the lake, that would be very beneficial to southeast Edmonds due to the paucity of park land and access to the lake on the Edmonds side and Mountlake Terrace does a much better job providing access. If that is not possible on this property, there may be future opportunities. MOTION CARRIED UNANIMOUSLY. 2. SUPPLEMENTAL AGREEMENT WITH HKA GLOBAL, INC FOR THE CARBON RECOVERY PROJECT WWTP Manager Ross Hahn requested approval of the supplemental agreement with HKA Global. Due to the time it is taking to complete the carbon recovery project, the supplemental agreement is needed to continue funding HKA’s services as they pertain to the carbon recovery project. This additional funding is expected to retain HKA’s services until the end of the project. HKA’s scope of services includes project management, contract administration, review of contractor change requests, maintaining project documentation, etc. HKA has proven to be critical in the path forward with this project. Mayor Rosen advised staff’s recommendation is to forward this item to the consent agenda for approval at the next city council meeting. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE SUPPLEMENTAL AGREEMENT WITH HKA GLOBAL, INC. FOR THE CARBON RECOVERY PROJECT PER THE DETAILS OUTLINED AND NOT PUT IT ON THE CONSENT AGENDA. Councilmember Paine commented HKA has been doing great work for the City. Their work is highly technical and they are the right group for this project. MOTION CARRIED UNANIMOUSLY. 3. ORDINANCE AMENDING ECC 8.10 TO INCLUDE STOPLIGHT INTERSECTION CAMERAS Council President Olson commented this is a familiar topic that has been on the council agenda a few times, the last time was to obtain more information which in included in the packet. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE ORDINANCE IN THE PACKET. Edmonds City Council Approved Minutes June 25, 2024 Page 7 Council President Olson commented the council has already had a lot of conversation about this, which she will not belabor by reiterating those points tonight. This system is in use in other cities around Edmonds. In response to comments about analyzing the costs to show that there would be a net positive, there is enough evidence from other cities that have red light cameras in use that that is not a concern. She hoped the City would circle back after a year of use to look at the data. This is a five year commitment to any intersection the council chose to move forward with. The council will make a decision tonight regarding whether to have red light cameras in the City in general and if so, at which intersections. COUNCILMEMBER DOTSCH MOVED, SECONDED BY COUNCILMEMBER NAND, TO POSTPONE THIS ITEM AND THE FOLLOWING AGENDA ITEM. Councilmember Dotsch relayed her intent was to postpone until after the City’s Safety Action Plan has been completed and published. The PPW Committee learned more about the Safety Action Plan last week; the City partnered with ten other agencies including Puget Sound Regional Council (PSRC) on a $2.87 million grant application. The City will work closely with PSRC to support the goal of reducing fatalities and series injuries on roadways in the Puget Sound region. In late 2023, the City of Edmonds secured a $300,000 federal grant through the U.S. Department of Transportation’s Safe Streets and Roads for All (SS4A) Grant Program. This program is focused on the development of local roadway safety action plans by developing well-defined strategies to prevent roadway fatalities and serious injuries. It will also identify and prioritize future projects to help address roadway safety issues. The scope of work will include data collection, speed studies, accident history and analysis of the City's transportation network, review and update of existing policies, develop a Vision Zero Policy, identify and prioritize transportation projects to improve safety and document findings in a Comprehensive Safety Action Plan. Councilmember Dotsch continued, according to the scope of work in the packet, the data collection work on the speed study and crash analysis will begin this fall and will provide a holistic package that includes intersections, pedestrian, bicycle and accident data to inform the council and the community as to the best and most impactful safety measures and counter measures to improve traffic safety in Edmonds. She urged the council to consider her motion as a better process and not rush a decision tonight to target only a narrow focus and allow the Safety Action Plan to inform a more complete street and safety plan that is much more comprehensive and objective for all. Councilmember Paine said she could not support the motion to wait a year. She requested information from staff regarding traffic incidents related to vehicle versus vehicle, vehicle versus pedestrian, and vehicle versus bicycle. There were 243 incidents citywide in the first 6 months of the year which is on a path for 500 incidents this year. On Highway 99, SR 104 and local roads; 15 people have been injured in accidents related to driver inattention. The safety of the community is paramount. Her daughter was nearly hit in a crosswalk on 5th Avenue South and was hit and run 4 years ago crossing 5th Avenue South. Accidents are happening at a rate that is unacceptable to the community. She looked forward to the Safety Action Plan which will provide more dimension. Packet page 97 includes data on statewide statistics for traffic safety 2013-2023. Accidents in years 2021, 2022, and 2023 are accelerating. There are reports in local and regional newspapers; the Seattle Times reported today that Seattle is #2 in the nation in pedestrian deaths. Councilmember Nand expressed appreciation to Councilmember Dotsch for bringing this forward. This topic has generated a lot of controversy in the community because the use of cameras creates a strong perception, especially due to the unfortunate way it was proposed in 2023 as a budget item rather than a traffic safety item, that cameras are used by the government for revenue generation instead of public safety. As she has stated previously, a majority of the cameras are targeted to the lower income and multi-ethnic parts of the community along Highway 99. She would be more comfortable supporting cameras in the future if the red light camera program were brought forward in a holistic package. She supported the school zone cameras due to the strong push from the community regarding those specific locations. A holistic package would inform annexed areas that are historically underserved that the City is not looking to their Edmonds City Council Approved Minutes June 25, 2024 Page 8 neighborhood to extract revenue to support City operations that tend to benefit the higher income and wealthier neighborhoods and that traffic cameras are one tool in a package of traffic calming and safety measures in an effort to ameliorate some of the disparities between Olympic View Drive and the Edmonds Bowl and previously annexed areas. That would be a more nuanced and equitable way to approach placing up to nine cameras in the traditionally underserved and disregarded parts of the City that were previously annexed. Councilmember Nand continued, due to the millions of dollars in excess revenue this program is expected to generate and where those funds traditionally flow in the City, there is a strong perception that the cameras are being implemented to address the City’s budget woes. If this were adopted in the context of a Safety Action Plan, areas of the community that have been skeptical and traditionally underserved can be informed that the cameras are part of a package with other traffic calming options such as speed bump tables and other ways to calm traffic that are less punitive and less extractive and designed to serve these communities and make them safer for pedestrians, bicyclists, and local commuters. She would feel far more comfortable if the red light cameras were brought forward in that context. Councilmember Eck said she did not support motion. She has been doing a lot of thinking about this, she goes through 220th & Highway 99 and SR-104 & 100th very frequently living in Westgate and going to the freeway during her commute. There are many commuters from all over Edmonds and the region that travel SR-104 and Highway 99. This is not targeting the residents in those areas because so many people travel both those routes to do business, shop, commute, etc. The infractions she has seen are often from a privileged standpoint where people think rules do not apply to them. There is a reason more people do not walk or ride bikes in Edmonds. She lives not far from 220th on a shortcut to PCC where speed is a real issue. She did not think the City could wait with the numbers and risks that the data shows and with the City encouraging people to leave their cars behind and get around in other ways. She will not approve any less than two cameras tonight and will actually approve up to four. Councilmember Dotsch said she can appreciate everyone’s experiences; she has had experiences as well. It is important to remain objective especially when it comes to safety. The data collection relates to accidents at intersections, but this is about red light cameras, not all accidents at intersections. The 2023 data attributed two accidents to red light runners at 220th & Highway 99 and two in Westgate at 100th & SR-104, a total of four accidents out of hundreds. This is a very narrowly focused program. Verra Mobility’s data is strictly cars running red lights, it is not about bikes or pedestrian. There are project in the works to add a bike lane and a dedicated walkway the entire length of Highway 99 which includes 220th. There is a project for bike lanes at 100th & SR-104 that has not been totally completed. In the context of safety for the entire community, rather than targeting the most used intersections and are the two ways in/out of Edmonds other than 196th, the cameras are more about volume than accident data which was why she would not support the main motion. Councilmember Chen said he cannot support motion. He lives near Highway 99 and his business is on Highway 99 and he drives Highway 99 on a daily basis and sees people rushing through red lights and creating very scary scenes. With light rail coming on line August 30, he anticipated there would be more traffic funneling through the area. He thanked Councilmember Paine for her request for the data which provides concrete support and as well as the data provided by police department and other research that is included in the packet. He concluded the evidence is there, the need is there, and this is a good tool to implement at two intersections to at least give it a try to see how the tool works and reassess it in a year. Councilmember Nand explained if the City signs this contract with Verra Mobility, it is committing to cameras at the approved intersections for the next five years, Verra Mobility would not agree to installing them for a year and allowing the City to collect accident data to see whether the cameras actually change driver behavior and lead to safer roads. Lynnwood extensively uses red light cameras and some would say Edmonds City Council Approved Minutes June 25, 2024 Page 9 uses them as part of their strategy for funding city government. However, Shoreline which has a larger population than Edmonds and recently went through a 50,000 unit upzone in response to light rail has zero automated traffic safety cameras. Their city leaders have said the reason they decided not to pursue red light cameras is they do not want to create a perception that they are spying or playing gotcha games with their constituents. Edmonds has always been a very friendly town with a small business community that relies on the goodwill of tourists and people who come to Edmonds to support small business. If people start receiving $130 tickets, she was concerned that perception would change. Councilmember Tibbott raised a point of order, stating the motion is related to postponing and he would like to hear Councilmember Nand’s reasons for supporting postponement. Her comments seem to be regarding the main motion which the council is not discussing at this time. Councilmember Nand commented this is the third or fourth meeting in which she has received a point of order from Councilmember Tibbott when making a comment supporting a position that he may not support. Her comments were not of any greater length or less topical than her fellow councilmembers’ comments. She asked about the length of the comment she made before she was interrupted by Councilmember Tibbott. City Clerk Scott Passey said it is a judgment call by the chair whether a comment is germane to the postponement or if it speaking against the ordinance. Councilmember Nand asked what recourse she had related to code of conduct if she felt she was being excessively interrupted with points of order to silence her. Mr. Passey answered she could appeal to the chair, but he did not have a good answer related to a code of conduct claim. Councilmember Nand requested this be addressed at some point with amendments to the code of conduct which are expected to come forward this year as she felt she was being excessively interrupted by certain councilmembers and unfairly targeted. Mayor Rosen responded her comment was noted. Councilmember Nand said her train of thought was completely derailed and she would end her comment. Mayor Rosen requested she speak to why she would encourage postponement. Councilmember Paine explained her opposition to postponement was the 82 vehicle versus vehicle collisions on Highway 99 from January 1 through yesterday and 25 on SR-104, a total of 109, half the number of vehicle versus vehicle collisions. On Highway 99 there were five vehicle versus pedestrian accidents and one on SR-104, a total of six out of fifteen. Councilmember Dotsch recalled when Police Chief Bennett presented the numbers regarding accidents to council, she asked Chief Bennett if they were specific to red light runners and she said they were not. She emphasized this is only red light camera running and accidents caused by that action. There are a lot of reasons for accidents at intersections or on the way to the intersection, but that is not what this is about. It is a very small number of the total accidents in the City and the Safety Action Plan is the best way to take a comprehensive, holistic approach. MOTION FAILED (3-4), COUNCILMEMBERS TIBBOTT, DOTSCH AND NAND VOTING YES. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND TO FILL IN THE BLANKS IN THE ORDINANCE, E.1 WITH 220TH & HIGHWAY 99, AND E.2 AS 100TH & HIGHWAY 104. Council President Olson commented an argument can definitely be made for adding more intersections a lot of data suggests that might be helpful, but because this is a 5-year commitment, there is value to implementing two intersections and revisiting it after a year of implementation to see the impact. Just as the police provided accident data for this year, that data could be used to compare whether the cameras made a positive impact and whether accidents rates have decreased at intersections where red light cameras Edmonds City Council Approved Minutes June 25, 2024 Page 10 were installed as well as data where red light cameras were not installed. That would be a prudent and cautious way to proceed. She acknowledged it was anticipated this would be revenue positive. In her assessment of which intersections would be most prudent, she listened to what was said and wanted to ensure with a smaller number of cameras they were not in a single neighborhood so there would be geographic diversity and provide an opportunity to see the positive impact. The smaller number of cameras also supports the idea asserted by Councilmember Dotsch, in a year when the council reviews the data, the Safety Action Plan will also be complete and could be considered in tandem when considering any future intersections. Councilmember Paine said she had no objection to those two intersections. If the council wanted to add two more intersections for a total of four, she asked how that amendment should be made. City Attorney Jeff Taraday responded the ordinance before the council could be amended before it is ultimately adopted by adding to the two intersections in the current motion. Councilmember Paine asked if that could be done tonight. Mr. Taraday answered yes, that was an option for the council. Councilmember Paine continued, there are traffic safety issues in the City. The Safety Action Plan will be completed in the future, but work needs to be done now. These intersections are key to a lot of people’s safety and there are other intersections such as 220th & 76th where people regularly run the red light. She was happy to start with two and later tonight consider adding two additional intersections. Councilmember Dotsch recalled in the information provided when this originally came forward about how to implement these programs, one of big pieces was to have a baseline intersection without a red light camera to provide a comparison. It is easy to say once red light cameras are installed that infractions occurred, but without a baseline intersection, there is no way to determine whether the same thing happens at other intersections. She asked whether adding a baseline intersection was an option. Council President Olson raised a point of clarification, requesting Councilmember Dotsch restate her question. Councilmember Dotsch said part of this is how the City defines success. For example, if there are four accidents caused by red light camera runners, what is the data point for success, two accidents, zero accidents? She asked if there was a way to reference that in areas that do not have cameras. She asked if there was the ability to do a baseline at an intersection without a camera. Assistant Chief Sniffen responded an intersection could be used as a baseline, but there are so many variables at different intersections, it would be difficult to have one as a baseline to see if accident rates increased or decreased. The intent is to watch the metrics and any reduction in accidents or injuries will be a success. As the intersections of 220th & Highway 99 and 100th & SR-104 are high crash data intersections, good success was expected. However, the intersections of 220th & 8th or 220th & 9th could not be used as a baseline for how the well the camera at 220th & Highway 99 is doing. Councilmember Dotsch asked if there could be another camera on Highway 99 that records but doesn’t issue tickets. Assistant Chief Sniffen said that would be something brand new, installing a camera that records without issuing citations. He would have to look into that. The only way he could see that happening was for the council to approve a third intersection and establish business rules to not issue citations and only record violations. Councilmember Nand said the State Department of Transportation has cameras that are used purely for data gathering that do not issue tickets, but she was unsure if they were through this vendor. It would be a mistake for this council to place four or nine cameras in previously annexed areas. The more cameras the City adds, the more revenue generation appears to be the primary goal and not actually public safety. Edmonds City Council Approved Minutes June 25, 2024 Page 11 Council President Olson seemed to trying to consider her feedback by limiting cameras to two in the first year and having them geographically distributed between SR-104 and Highway 99, but those are both annexed areas. No cameras are proposed to be sited in the best resourced parts of town with the wealthier population which she found very problematic. Now there is discussion about placing up to three cameras on Highway 99 and only one on SR-104 which will essentially turn Highway 99 into a toll road to support City government and therefore she could not support the amendment. AMENDMENT CARRIED (5-2) COUNCILMEMBERS DOTSCH AND NAND VOTING NO. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, AMEND THAT THE PROPOSED ORDINANCE TO INCLUDE THE FOLLOWING LANGUAGE: “REVENUE RESTRICTIONS. ALL OF THE EXCESS REVENUE GENERATED BY THE ADDITION OF AUTOMATED TRAFFIC SAFETY CAMERAS IN THE CITY OF EDMONDS SHALL BE RESTRICTED WITHIN THE GENERAL FUND AND MAY ONLY BE USED FOR THE PURPOSES OF TRAFFIC SAFETY IMPROVEMENTS AND TO FUND PUBLIC AMENITIES WITHIN 0.5 GEOGRAPHIC MILE OF THE LOCATION OF ANY OPERATIONAL TRAFFIC CAMERA. Councilmember Nand relayed the council has been considering this since 2023 when it was first proposed as an opportunity for the administration to plug a $3.5 million hole in the proposed 2024 budget. Since then she has had a great deal of skepticism about the idea of using red light cameras or any sort of automated traffic safety cameras for the purpose of revenue generation. However, if the council is determined to proceed with this proposal, she wanted to ensure the excess revenue which the school zone cameras generated gross revenue of $1.5 million and the City has an obligation to pay $30,000/month to Verra Mobility for each traffic camera. With each camera added, the excess revenue generated will increase exponentially. The City is experiencing budget problems brought on council’s excessive spending during 2023 and under the previous administration in general, however, essentially creating toll roads within the City to support government operations isn’t the right response. Councilmember Nand continued, if the council decides to implement traffic safety cameras at what are targeted as the most dangerous intersections in the City, she wanted to ensure the excess revenue of $3.7 million from nine cameras, eight of which would be on Highway 99, was reinvested into annexed areas that did not benefit from urban planning and traffic safety investments prior to annexation to bring them up to par with areas of town that are better resourced and have historically received more attention from City planning and government. Her hope was by reinvesting millions in revenue into traffic safety improvements and public amenities to improve public safety in general such as funding a police substation on Highway 99, the need for the cameras could eventually be ameliorated through traffic safety improvements and they could be decommissioned at the end of the contract. Councilmember Tibbott said he would not support the amendment for two reasons although he appreciated the sentiment behind it. State law already provides for the use of revenue for public safety. Implementing the proposed restriction for the intersections is premature and may prohibit using funds in areas such as the east side of the City. There are good reasons the council would want to use all the revenues generated to improve public safety in the most heavily traveled areas. Councilmember Eck applauded the intent of Councilmember Nand’s amendment and agreed there were areas of the City that have been historically underserved. She was unsure she agreed with the comment about essentially turning Highway 99 into a toll road; in her view if a driver’s behavior was legal and following the law, they had no reason to be concerned about receiving a ticket. If a driver is adhering to the speed limit and obeying traffic lights, they should feel very free about traveling on Highway 99 or SR-104. This is about following the law and although she generally did not prefer the stick approach over a carrot Edmonds City Council Approved Minutes June 25, 2024 Page 12 approach, this is worth testing this for a period of time and determining the best way to use the revenue the cameras generate to do what Councilmember Nand suggested. Councilmember Dotsch said targeting two intersections with the highest volume versus the highest accident rate from red light runners was a confusing way to select intersections to address safety issues. If those two intersections are most in need of assistance, dedicating funds to those areas would seem to make sense if the ultimate intent is safety. She may not support a 0.5 mile focus, but if those were areas where more safety was needed, it would make sense to use the revenue on projects in those areas. She supported the idea, but not as stated. She could possibly support another version such using a percentage of the revenue. Councilmember Nand pointed out in the state statute governing the use of red light cameras, one of the uses described in subsection 2.13.B is the revenue be dedicated toward census tracks with low income housing. The federal pedagogy regarding city planning says minority communities were unfairly targeted and actually blighted when major highways were built through their communities. It seems odd these communities are being told they were blighted when highways were built through their area of town because they are lower income and segregated through redlining and now federal funding is being used to ameliorate the blight that was created when the highways were built. There seems to be a strong impetus by the council to ultimately deploy all nine of the cameras authorized to maximize revenue generation and instead of reinvesting the revenue into the lower income areas that were blighted when highways were created, use it to address issues in the General Fund. Councilmember Nand continued, it is the council’s responsibility to manage the General Fund without necessarily always going to its constituents, visitors, commuters and workers in the community and telling them they have to provide more revenue and trust that the council will reinvest it appropriately. State law allows the council to dedicate the revenue from traffic cameras toward the part of town with the lowest income quartile. Because that is a defined mechanism within state law, she did not understand why there was so much resistance to the idea of dedicating the revenue generated by Highway 99 and reinvesting it into primarily the Highway 99 community to address some of the disparate impacts that that area has experienced over decades. She expressed disappointment that there was so little support for this amendment and for reinvesting in Highway 99. Council President Olson clarified both intersections were identified as among the top three most dangerous intersections in the information the council was provided. Councilmember Chen said his focus is public safety which saves lives. If red light cameras can be used to improve drivers’ behavior and in turn improve public safety, that was his focus. He supported the general concept of improving crime and public safety on Highway 99 because the higher crime rate and traffic issues in that area are well known. However, a ½ mile geographic restriction may hinder improvements the City could make. For example, the ½ mile restriction might hinder the possibility of relocating the police station to the center of town or Highway 99. For that reason, he did not support the amendment. Councilmember Dotsch referred to comments about relocating the police station, relaying she did not remember that as the main reason for installing red light cameras. COUNCILMEMBER DOTSCH MOVED, SECONDED BY COUNCILMEMBER NAND, TO AMEND THE AMENDMENT TO 50% OF EXCESS REVENUE WITHIN 1 GEOGRAPHIC MILE OF THE LOCATION OF ANY OPERATIONAL TRAFFIC CAMERA. Councilmember Dotsch said she felt similarly about the revenue aspect versus safety. The data regarding the number of cars that go through the intersection is used by Verra Mobility to determine the number of citations that can be issued. She wanted to ensure red light cameras were not being used for any purpose Edmonds City Council Approved Minutes June 25, 2024 Page 13 other than safety and if certain areas of the City are targeted due to high traffic volumes, the revenue should go back into those areas. Councilmember Nand expressed support for the amendment. There have been plenty of times in recent history when the City’s coffers were flush; revenues actually went up during the pandemic by over 10% when the City received a lot of federal investment. When the City was experiencing a boon in its tax coffers, there could have been a decision to reinvest in traffic safety improvements in previously annexed areas along SR-104 and Highway 99, yet somehow Olympic View Drive just got its fourth traffic table speed bump and radar signs. That is a well-resourced area of town which is very good at advocating for themselves whenever disposable revenue becomes available. Without a dedicated mechanism to provide revenue to less resourced parts of town which are not as well versed in advocating for themselves in seeking to implement traffic safety program projects and lobby the council to invest in traffic safety and public safety improvements in their area, she was worried parts of SR-104 and Highway 99 will not be the squeaky wheel that gets the grease. If the City will be generating millions of dollars in excess revenue by placing red light traffic cameras along Highway 99, she urged the council to commit to reinvesting at least part of that revenue into public safety on the most dangerous intersections in the City. Council President Olson commented there is a narrative that is not being shared about the actions of council for the last six years. During that time, the council said yes to the Lake Ballinger open space, the Mee property 100% expansion, the 84th Avenue sidewalk project, the gateway to Ballinger Park, and the change out of benches. During that same time the council said no to doing anything with the Marina Beach improvements even though that had reached the top of the list on the CIP/CFP and no to replacing the broken/ cracked sidewalk on 7th next to the new park and instead prioritized the sidewalk on 84th. She did not think it was accurate that the council she watched in 2-3 years before being elected to council or the council she has served on has been unequal or unfair in spending. It is on everyone’s radar to look for fairness and equity in capital investments going forward. Council President Olson continued, through the budget process, to the extent there is any money to spend, she anticipated the council would be very fair in how money is spent as has been done in the past six years. She acknowledged when this is discussed, people often bring up Civic Park which was an expensive project, but at this point that is a bill and of little value to the conversation because the council doesn’t have control of that expenditure anymore. When that bond was paid off, she was confident this and future councils would not build new parks in that same part of town because a lot of other areas need improvements. She was hopeful the list she provided was helpful to show where significant and specific investments have been made in lieu of investments in the bowl. In response to Council President Olson’s comment, Councilmember Nand said there has been a history with the previously annexed areas because for example when Highway 99 was annexed into Edmonds in the 1960s, the standards for sidewalks, street widths, etc. were much lower than in areas of Edmonds that were incorporated in 1891 and had benefited from city planners, traffic engineers, etc. for many decades. This is why previously annexed areas have a miasma of neglect; there are no flower baskets, no benches, no City owned recycling bins and trash cans along the sidewalks. If the proposed amendment were approved, to fund public safety amenities within 1 mile, the City would be forced to dedicate at least 50% of the revenue to public amenities that include public facilities, open space and landscaping elements in traditionally underserved parts of the City where it appears nine cameras will eventually be sited. There needs to be catchup between two disparate areas of town that were separated by redlining during the segregation era and decades of neglect based on when areas were annexed and started to receive that level of city planning and investment. If the vast majority of the revenue is generated by Highway 99 when nine cameras are ultimately operational, she did not see anything wrong with dedicating at least a portion of that revenue to address the disparate effects and daily living experience of people in that part of the community. Edmonds City Council Approved Minutes June 25, 2024 Page 14 Councilmember Paine suggested if there was no objection from council, Mayor Rosen speak regarding traffic safety cameras. Mayor Rosen said throughout his campaign, meeting people in many environments and since being elected, by far the most frequent request from the public, all age groups and family configurations and throughout the community, is regarding public safety. Requests related to pedestrian safety falls into four categories, 1) can you make the sidewalks smoother, 2) can I get a sidewalk, 3) can you fix or give us a crosswalk, and 4) traffic safety and the way people drive and ignore traffic signals. He relayed his support for traffic safety cameras, commenting even if the state did not tell cities how to spend the money, he would have recommended to council that the money be restricted to pedestrian safety. COUNCILMEMBER TIBBOTT CALLED THE QUESTION. COUNCILMEMBER PAINE SECONDED. CALL FOR THE QUESTION CARRIED UNANIMOUSLY. AMENDMENT TO THE AMENDMENT FAILED (2-5), COUNCILMEMBERS DOTSCH AND NAND VOTING YES. AMENDMENT FAILED (1-6), COUNCILMEMBER NAND VOTING YES. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, THAT THE TERM OF THE ENTIRE AUTOMATED TRAFFIC SAFETY CAMERA ORDINANCE BE SUNSET AFTER FIVE YEARS, AFTER WHICH POINT THE AUTOMATED TRAFFIC SAFETY CAMERA PROGRAM WILL BE DISCONTINUED SO WE CAN INDEPENDENTLY ANALYZE WHETHER THE AUTOMATED TRAFFIC SAFETY CAMERAS MODIFIED DRIVER BEHAVIOR AT THE AFFECTED INTERSECTIONS AND LED TO LESS COLLISIONS. Councilmember Nand recalled with the encouragement of the community, the council adopted the school zone camera program last year. Five school zone cameras were installed and the City is now beginning to deal with the changes this is instituting in the community. Some community members have contacted the City saying they received frivolous tickets. She was very concerned about rushing forward with this major policy change and not having a baseline of data to see whether red light cameras alter driver behavior in the way that is intended. Some community members have provided independent research from national NGOs in which they claim implementation of red light cameras leads to less safe driver conduct because drivers are more likely to slam on their brakes to avoid red light camera tickets which causes more rearend collisions. Councilmember Nand continued, if the council moves forward with this proposal, she preferred the City approach it in a data driven fashion. If in five years the future council determines the automatic traffic safety program is great and they want to continue it, they could do their own data analysis and recommend the program again. She proposed sunsetting the program because she was concerned once $3.7 million in revenue was added to the City’s coffers, it will become a spigot of excess revenue that future councils would not want to turn off and that the public safety aspect would be subordinate to revenue generation. She was attempting to address this via this amendment and she hoped councilmembers would agree to the sunset so the council can determine whether the red light cameras actually alter driver behavior in the City and lead to safer streets and few collisions. Councilmember Eck commented she was very hesitant to approve a sunset after five years without knowing what the experience will be. She did not support the amendment. Council President Olson said she was fully supportive of monitoring and looking at data and feedback on the traffic safety camera program and felt it would be foolish for the City not to do that and preferred not to wait five years for that year. She did not support having an automatic sunset in five years as that would Edmonds City Council Approved Minutes June 25, 2024 Page 15 create more work in the future when reviewing the data will indicate whether more investigation is needed. She did not support the amendment. Councilmember Dotsch expressed her support for the amendment. From the chart the council received and the graph from Lynnwood, they changed the data set to take away approaches so the numbers in the last five years show increased accidents at intersections with red light cameras. She was not comfortable the council knew what outcome was being measured and how success would be measured. The Safety Action Plan for the entire community makes more sense because it will objectively look at all data points including pedestrians and bikes which this data does not. She did not want the City to get addicted to the revenue and have the contract extend beyond five years. She preferred to sunset the program in five years and restart it if needed. Councilmember Chen said the City needs to monitor red light cameras and how they impact driver behavior, but without concrete data, it is premature to establish a sunset date. That decision is up to the future council when the time comes to renew the contract in five years based on data collected throughout the duration of the red light camera operations. He did not support the amendment. AMENDMENT FAILED (2-5), COUNCILMEMBERS DOTSCH AND NAND VOTING YES. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO ADD THE INTERSECTIONS OF 224TH & HIGHWAY 99 AND 220TH & 76TH AVE W TO THE ORDINANCE. Councilmember Paine commented there has been a great deal of discussion about red light cameras and the safety concerns expressed by residents. Dozens of neighborhoods across the City have identified traffic safety needs. Her concern with having red light cameras at only two intersections was it wouldn’t result in behavioral changes and adding two more intersections might result in change at these intersections. Councilmember Tibbott said he would not support the amendment. Since the council seemed determined to move forward with red light cameras at two intersections at least, he was inclined to support the ordinance because it was a pilot project and an opportunity to obtain actual data in Edmonds. Councilmember Paine raised a point of order, stating Councilmember Tibbott’s comments were not relevant to the amendment. Councilmember Tibbott said his comments were regarding the intersections. Mayor Rosen advised he would allow Councilmember Tibbott to continue. Councilmember Tibbott said he would not support adding red light cameras to more intersections. It is important to determine the overall value of the cameras for transportation safety which can only be obtained with actual data. It is also important to evaluate the true cost of the program before adding more intersections and it is important to evaluate implementation of state law related to this program before adding intersections. Councilmember Nand said she was unable to support the amendment. She feared annexed areas were being targeted with a punitive and extractive form of traffic safety. She preferred to wait until the Safety Action Plan was developed which would include more holistic and supportive changes such as increasing funding for the traffic calming program, radar signs, HAWK signals, traffic table speed bumps and other non- punitive measures to address pedestrian safety and traffic safety. The more cameras that are added to the underserved parts of town, the more of a slap in the face this will be, especially since the council rejected her suggestion to dedicate the revenue to that part of town. Councilmember Chen said he cannot support the amendment. With regard to the intersection of 220th & 76th Ave W, it is very close to Edmonds-Woodway High School and College Place Middle School where there is already a school zone camera and the intersection of 224th & Highway 99 is just one block from Edmonds City Council Approved Minutes June 25, 2024 Page 16 220th & Highway 99 which is too close. He preferred to wait to see the data from the original two intersections on Highway 99 and SR-104 before adding other intersections. Councilmember Dotsch said she did not support the amendment, in part because the cost of two intersections versus four intersections is unknown. The council was told two full-time employees would need to be added to the court for two cameras. The time needed to review tickets, court time, etc. is unknown and the City is already short staffed. She was concerned two red light cameras along with the school zone cameras generated a lot of work, court dates, review time, etc. The capacity to implement this program is unknown even with two red light cameras, let alone four. Councilmember Nand referred to statements that if someone is driving safely, they did not need to worry about getting a $130 citation. Pulling people into the criminal justice system and imposing legal and financial obligations on them disproportionately harms low income people. It creates a sense of shame and fear, especially for people who rely on their driver’s license to go to work and support and feed their families. She recalled a community member saying a $130 ticket might seem minimal to a CEO but it was painful to a minimum wage worker. For those who are low income and struggle with paying traffic fines from these tickets and have been made to feel like a bad person because their license has been suspended, etc. and the ticket made their life more difficulty, she did not agree with rapidly expanding this program and pulling neighbors into the criminal justice system. The City is already pulling 12,000 people into the system on traffic tickets; if the council approves nine cameras, the City could pull in 50,000 people. She did not agree with penalizing people and making them feel like a bad person especially if they had difficulty paying a $130 ticket, had language barriers, or did not have time to come to court to fight a ticket because they were trying to support and feed their families. This is the wrong approach for the City to take. Shoreline has no red light cameras and they are managing density and a large population and funding their General Fund just fine. MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND ECK VOTING YES. MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS DOTSCH AND NAND VOTING NO. 4. AUTHORIZING USE OF TRAFFIC SAFETY CAMERAS AT SPECIFIC SIGNALIZED INTERSECTIONS AND AUTHORIZING THE MAYOR TO SIGN CONTRACT Council President Olson commented this item had been simplified via the amendments made during the previous agenda item. As long as the council agreed with those two intersections, this agenda item is to authorize the mayor to sign a contract with Verra Mobility to install cameras at those two intersections. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AUTHORIZE THE MAYOR TO ENTER INTO THE CONTRACT WITH VERRA MOBILITY TO ADD RED LIGHT CAMERAS AT THOSE TWO INTERSECTIONS. Councilmember Paine said she was pleased to see this coming to fruition. She was hopeful it would result in behavioral changes as people’s lives depend on it. Councilmember Dotsch observed there is talk about safety with this traffic safety camera program with Verra Mobility, but nothing happens immediately. There is no police officer to pull a driver over; a driver could be drunk or high, but the camera won’t catch that, the traffic safety program is very limited. From the data provided, this type of contract will not make intersections less dangerous. There are other opportunities such as the median on Highway 99 and the project on SR-104 & 100th. She did not support the motion. Edmonds City Council Approved Minutes June 25, 2024 Page 17 Councilmember Nand said she did not support the motion. It is unfortunate the administration chose to rely on Verra Mobility’s study data and which intersections to target. Obviously Verra Mobility is a private company and has a profit motive to add as many automated traffic safety cameras as possible to Edmonds. However, it is not the city council’s obligation to open as many intersections as possible to Verra Mobility without doing its own independent analysis. This is the wrong strategy for addressing the community’s request for public safety. This could potentially be one tool assembled in the fully funded Safety Action Plan, however the council is now going all in with this one vendor targeting the intersections they recommended without doing any independent analysis which she felt was short-sighted and not meeting the fiduciary obligation to the council’s constituents. Councilmember Eck expressed support for the motion. She respectfully listened to opposing views, but was having a difficult time understanding the level of resistance to something where having one person hit and killed was too much. She reiterated if a driver is following the law, they have nothing to worry about regardless of their income level and there are already measures in place in the municipal court for anyone that cannot afford the ticket. .There are so many people from throughout the county that use these roads and she sees the infractions daily. If the red light cameras save one life or allow people who live in these areas to walk and bike safely, the City will have gained a lot. Council President Olson defended the administration, advising it was not the administration that accepted the data, it was accepted by the council. The council was provided data which included Verra Mobility’s data, but that was not the only data the council relied on. Council made the decision regarding what data was adequate related to the intersections. Councilmember Chen emphasized this is about public safety, not about money grabbing. Councilmember Nand clarified her comment; the council directed the administration to produce the study data which was provided to the administration by Verra Mobility. The council greets other proposals such as the RFA annexation with a great deal of skepticism and decided to do their own independent analysis funded by council to ensure they were getting a good deal and knew all the options. It would have behooved the council to do more independent analysis and not just rely on Verra Mobility’s analysis when choosing which intersections to target and proceeding with the program because Verra Mobility obviously has a profit motive to place as many cameras in Edmonds as possible to pad their bottom line and she wanted to note that conflict of interest for the public. MOTION CARRIED (5-2), COUNCILMEMBERS DOTSCH AND NAND VOTING NO. Mayor Rosen declared a brief recess. 5. CITY ATTORNEY ANNUAL REPORT City Attorney Jeff Taraday explained he is appearing in person, the members of his team are participating virtually. He attends most council meetings, does a lot of advising related to elected official legal questions and works closely with the planning & development and engineering departments. He asked his team to introduce themselves and describe what they do. Sharon Cates explained her main role at the City is working with departments on contracting and purchasing questions and with HR on employment law and labor negotiations. She also works with the police department on issues and ordinance updates. Most recently she has been working on a proposed update to the purchasing policy. Edmonds City Council Approved Minutes June 25, 2024 Page 18 Patricia Taraday explained she mainly assist the City’s public records officers in the police department and administrative services, advising them on public record requests as well as assists with code enforcement matters. Beth Ford relayed the focus of her work is on litigation for the City including the Ebb Tide matter and code enforcement in the Oakes litigation and various public records matters. Angela Tinker explained she primarily works with public works on issues involving use of the right-of-way and other public property. Mr. Taraday relayed another member of the Lighthouse team, Tom Brubaker, plays a small but important role providing backup at council meetings when he is on vacation. Although not technically a member of Lighthouse Law Group, Mike Bradley has been a team member since the inception of Lighthouse’s relationship with the City and primarily works on cable franchise issues. Mr. Taraday reviewed: • 2023 Significant Projects o Engaged in labor negotiations with three police bargaining groups, all of which have final Collective Bargaining Agreements  Process included numerous negotiations of related agreements regarding labor disputes (e.g., implementation of body cameras), as well as a PERC mediation o Assisted the police with contract negotiation for and implementation of automated traffic safety cameras o Assisted the police with code updates resulting from updated state police reform legislation o Assisted with Library property issues, including obtaining a Quit Claim Deed for a portion of the property from the Edmonds School District and negotiating agreements with Sno-Isle Libraries relating to the flood damage restoration and related insurance issues o Served as lead on transition of Prosecuting Attorney Services, including drafting and managing RFP and engagement in related discussions with the Snohomish County Prosecuting Attorney’s Office o Ebb Tide – successful defense of trial court judgment regarding easement rights:  Drafted briefs, prepared for oral argument at court of appeals.  Drafted answer to petition for review at state supreme court o Oakes: code enforcement / abatement  Drafted motion and reply briefs. Received a Judgment Summary and Order on Final Judgment.  Evaluating and positioning for lien foreclosure. o Rimmer – takings case:  Research, drafting of Motion for Summary Judgment  Case is well positioned for reversal at the Court of Appeals o Public Records Act compliance  Research / detailed analysis re attorney invoice redaction; proposed redactions in response to voluminous public records request  Responded to PRA injunction litigation between third parties (requester and subject of request seeking protection on privacy grounds), advised police records officer regarding same o Obtained ruling from Department of Revenue exempting the city from sales tax on purchases made on the Carbon Recovery Project at the WWTP (as long as city can sell the product and makes timely application for refund) o Worked on cable franchise fee audits and cable franchise renewals  Ziply dispute settled; Edmonds City Council Approved Minutes June 25, 2024 Page 19  Comcast dispute to be resolved as part of renewal o Other Franchise Work  Engaged in discussions with PUD attempting to resolve various ongoing ROW use concerns, including proposed AMI installation  Engaged in regular meetings with PSE attempting to negotiate franchise terms o Real Estate Acquisition Efforts  Landmark option agreement  Hurst property (ultimately abandoned)  Mee property • City Attorney Team Stats (January 1, 2023 through December 31, 2023) o First year on hourly contract  Lighthouse worked 2644 hours for Edmonds in 2023 - Compared to 3508 hours in 2022 - Compared to 3367 hours in 2021  Why the dip in hours 2023 compared to 2022? - Two primary factors for using 864 fewer hours than 2022  Big reduction in Ebb Tide work 417 hours  City Council usage down by 141 hours  Subtotal = 558 • New billing categories o Over 90 matters currently open in our billing software  Not all get used regularly • 2023 Top Matters 15. Admin Serv - public records advising (55 hours) 14. PW - franchise - Ziply cable renewal (65 hours) 13. Parks - real property acquisition (65 hours) 12. Council - agenda planning and preparation for council meetings (69 hours) 11. Police - misc advice and projects (70 hours) 10. HR - labor bargaining (73 hours) 9. Litigation - Nathan Rimmer (78 hours) 8. Parks - contracting, bidding, and acquisition (non-capital) (85 hours) 7. Council - misc advice and projects (98 hours) 6. Admin Serv - public records R001793 (104 hours) 5. PW - contracting, bidding, and acquisition (non-capital) (116 hours) 4. PW – SnoPUD (133 hours) 3. Litigation - Ebb Tide (170 hours) 2. Council - attendance at council meetings (196 hours) 1. PW - franchise - other (225 hours) • Legal Department Costs (January 1, 2023 through December 31, 2023) o Total legal fees in 2023 amounted to $739,741 o In 2022, under the final year of the flat fee, Edmonds paid $647,436 to Lighthouse o 14% increase o 2023 hourly rates  Three attorneys billed at $336 / hour  Four attorneys billed at $253 / hour  Average hourly rate was $280 / hour - Comparing $280 to the rates paid by the city’s comparable cities in 2023  Issaquah (Madrona): $270 - $320  Mukilteo ( Ogden Murphy Wallace ): $262 - $309 (with most hours $262 - $286)  Lynnwood (Kenyon Disend): $170 - $400 • Stability of Lighthouse Team Edmonds City Council Approved Minutes June 25, 2024 Page 20 o Jeff Taraday 2011 o Sharon Cates 2011 o Patricia Taraday 2011 o Mike Bradley 2011 o Beth Ford 2012 o Tom Brubaker 2018 o Angela Tinker 2019 • Washington Cities insurance Authority (WCIA) Coverage o Claims arising from alleged:  Employment related action, e.g. retaliation and harassment  Police excessive force  Land use damage  Auto liability  Defective street or sidewalk  Sewer obstruction  Premises liability  Other negligence • Big Picture • Who is the client? o RPC 1.13(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. • The Attorney – Client Relationship • Duly Authorized Constituents? • What about your constituents, the citizens? Edmonds City Council Approved Minutes June 25, 2024 Page 21 • Why no direct interaction with citizens? o RPC 1.6(a): A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). • So you aren’t the client…are your communications still confidential? o RPC 1.13, comment 2: When one of the constituents of an organizational client communicates with the organization's lawyer in that person's organizational capacity, the communication is protected by Rule 1.6. • Confidentiality within the city o … This does not mean, however, that constituents of an organizational client are the clients of the lawyer. The lawyer may not disclose to such constituents information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation or as otherwise permitted by Rule 1.6. Councilmember Paine commented it was a pleasure working with Lighthouse on their contract. She referred to the ability to possibly recover attorney costs related to permits and asked if any of Lighthouse’s costs had been recovered. Mr. Taraday explained if Lighthouse determines the hours should be paid by the applicant of a project, it is billed under the third party billable matter number which is intended to be a signal to the administration to pay those charges from the appropriate source. That is a complicated process and he was not responsible for overseeing how that system worked. He could not speak to the actual implementation, but was not aware of anything else that needed to be done on their end to sow the seeds for collection of those dollars. He acknowledged it was not a huge amount of money. Councilmember Paine commented there are aspects of permitting where there is opportunity for recovery. She looked forward to seeing the franchise agreements soon. Mr. Taraday said some of that work may come forward in the form of code amendments because they proved to be difficult and Lighthouse felt they were not making progress in ways they wanted to and made a decision to pivot and exercise their authority through the city council unilaterally in the form of code amendments which he acknowledged was a different way to proceed. It is regulation and the council is entitled to regulate. Some of those amendments may be bundled with franchise in the future; it is a work in progress and he hoped it would be presented to council soon. Councilmember Tibbott recognized the stability of the Lighthouse team, noting the institutional knowledge they have developed over a decade benefits the City and allows them to bring that experience and expertise to issues that arise. He asked Mr. Taraday to comment on the council’s use of executive session such as reasons for executive sessions, how executive session are noticed to the public, and his role in ensuring the council stays on topic. Mr. Taraday answered the Open Public Meetings Act (OPMA) identifies various permissible topics for an executive session. The two most common in Edmonds are potential litigation and real estate acquisition. Although probably intuitive, there are certain things where it is not in the City’s best interest to have those conversations publicly. For example, if all of his advice to the council concerning legal disputes were provided publicly, the City’s position in those legal disputes would be compromised. Edmonds City Council Approved Minutes June 25, 2024 Page 22 Executive session are allowed for the benefit of the City and ultimately for the benefit of the taxpayers because if the City is able to successfully defend litigation, ultimate the taxpayers also benefit. Mr. Taraday continued, with regard to the mechanics of executive session, there are times when the mechanics do not go exactly as scripted. When those instances arise, it is appropriate to insert himself into the moment to ensure the right things are said so the executive session is OPMA compliant even though he is not usually tasked with saying those things. It doesn’t happen often, but in comparing the lesser of two evils, it is better for him to say something and keep the City out of trouble than not to say something. Councilmember Nand relayed she and Councilmember Dotsch are on the legal assessment committee that reviews Lighthouse’s invoices every month. She thanked Lighthouse for being very precise and not being what she was told in law school was an expensive lawyer, somebody who bills a lot of time for something that should be done quickly. Obviously Lighthouse has a lot of expertise in the City’s work and are able to get things done quickly. If the City could ever go back to the incredible flat rate, she would not complain. She complimented the council and the administration for being very deliberate in how they consume legal services now that they are billed on an hourly rate. If Lighthouse ever wanted to offer a flat rate again, the City definitely wouldn’t say no. Everyone is being very mindful and doing a good job for taxpayers. Councilmember Chen thanked Mr. Taraday and the Lighthouse legal team for their expertise and service to the City. With regard to the top 15 matters, 3 items, #12, #7 and #2 are council related. He asked Mr. Taraday to comment on those items. Mr. Taraday explained under the flat fee, there was one city council billing matter, with hourly billing, they felt the council might appreciate seeing more detail with regard to how the time is spent. #12, agenda planning and preparation for council meetings, is anything done leading up to a council meeting whether it is answering a question from a councilmember two days before the meeting, preparing for the meeting by reviewing materials in the packet, preparing for a presentation he is giving at the council meeting, anticipating questions that would be asked, figuring out with the council’s executive assistant when things will come forward, etc. #7, misc advice and projects, would be preparing an ordinance, understanding the RFA options, or other larger projects not tied to a specific council meeting. #2, attendance at council meetings, also includes travel time. One of the ways the council has been reducing costs is he often attends meetings virtually. Council President Olson stressed the benefits of continuity, probably even more so with the lack of continuity in city departments, noting the council relies on the city attorney for their historical knowledge. Over the years she has seen work products from all the Lighthouse attorneys and they have always been excellent. She gave a shout out this year to Angela Tinker for a particular project where her work product surpassed her expectations. With regard to franchise agreements, that showcases the value Lighthouse brings related to creativity and different ways to approach something. 9. COUNCIL COMMENTS Councilmember Nand relayed there was a tragic fire in Edmonds recently where a member of the community lost his life and the family also lost their dog. A Go Fund Me has been organized by Lily Helm, the niece of the man who was killed, to raise $10,000 to help the family inter their loved one and rebuild their home. The Go Fund Me is available on My Edmonds Neighbors Facebook group or she can email it. It is a terrible tragedy and although the cause of the fire has not been established, summer is a much hotter, drier season due climate change. There are a lot more electrical fires and parts of the region are like a tinderbox which is important to remember with the 4th of July coming up. Her heart goes out to Lily Helm and her family for their terrible loss and she hoped there were no more fatal fires in Edmonds this year. She urged the public to practice fire safety as much as possible and other than sparklers, forego fireworks which are banned in Snohomish County. Edmonds City Council Approved Minutes June 25, 2024 Page 23 Councilmember Paine commented there have been three fires in the very recent past which is an alarming number compared to one fire last year. With regard to flags, she comments flags are displayed for so many reasons, symbols of the community, positions, etc. She was gratified to see the conversation in the media that displaying Pride flags shows support to a community that has experienced negative impacts in the past. Edmonds can do it in a way that respects and supports people and doesn’t drag in contentious messaging. People are talking about flags at the national level. Although flags can create division, there are ways to handle it. She looked forward to opportunities to how support for community members who are targeted and ways to spread joy and celebrate communities that offer a lot of diversity. Council President Olson referred to Received for Filing Item 6.5, the contract option with South County Fire. Failure to include that in the options available was an oversight and she wanted to give express acknowledgement that that was an option on the table that was being explored. Further details are available in Received for Filing Item 6.5. Councilmember Tibbott updated the council on the Association of Washington Cities (AWC) conference he attended last week Wednesday through Friday in Vancouver, Washington. It was the best AWC conference he has attended with excellent workshops led by expert presenters and he will provide council summary notes. He reported on a half-day FEMA workshops, commenting the presentation included a lot of acronyms and some of the content was difficult to understand. He will share the presentation slides with council. As a result of that workshop, he is more informed and can ask questions of emergency services regarding the City’s preparation. Councilmember Chen wished all a Happy Independence Day, relaying Mountlake Terrace will host a firework display on July 3 at Lake Ballinger starting around 10 pm. Councilmember Eck said she would like to see the Pride flag return to city hall next year because symbolism and representation matter. June is National Gun Violence Awareness Month and the first Friday in June is National Gun Violence Awareness Day. Every day over 300 people are directly impacted by gun violence in the United States. Gun Violence Awareness Month was created to draw attention to this tragic reality and demand lifesaving change. There are three recommendations on one of the sites, reach out and ensure your voice is being heard, ask friends and family if there are unlocked guns in their home and coach them on remedying that situation, and find a gun violence prevention event near you. 10. MAYOR'S COMMENTS Mayor Rosen thanked community members who participate in council meetings and reach out to elected officials personally and assured they are listening. He thanked council and staff for their work this week. ADJOURNMENT With no further business, the Council meeting was adjourned at 9:38 pm.