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2024-07-23 Council Minutes Edmonds City Council Draft Minutes July 23, 2024 Page 1 EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 23, 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 Kim Dunscombe, Deputy Admin. Serv. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir. Rob English, Acting Public Works Director Bertrand Hauss, Transportation Engineer Ryan Hague, Project Manager 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 Tibbott 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. PRESENTATIONS 1. MAYOR’S UPDATE Mayor Rosen explained the council requested he provide frequent updates on fiscal activities in the City. The council received a robust report on July 2 so he won’t repeat that information. In addition to his comments, the agenda includes four related items, the June 2024 Quarterly Financial Report, draft financial policies, budget amendments and restructuring of the finance department. Staff is also rigorously updating the revenue projections to forecast yearend. The statistically valid survey referenced in the packet has received approximately 100 responses as of late last week. There has been some confusion by the public because the survey did not immediately reveal it was from the City. A survey will also be offered to the community at large once this data has been collected. The survey is being conducted in two additional languages, Spanish and Vietnamese. Also of interest financially, the Blake decision in which some drugs Edmonds City Council Draft Minutes July 23, 2024 Page 2 were no longer criminalized, has some impacts; Edmonds has been allocated $180,000 for the court to analyzing the volume of those cases and staffing needed to do that work. Mayor Rosen continued, there are also conversations occurring with unions regarding potential savings. Consideration is being given to other cost saving measures such as potentially discontinuing offering passports due to the additional workload that school zone cameras have on the court. If passports are discontinued, there will be an effort to identify another location in the community that would be revenue neutral such as the library. Also in the category of “looking under every cushion for opportunities,” during Covid working from home was required and since then the workforce has changed somewhat resulting people having multiple devices such as a desk computer and a device they took home resulting in more devices than employees. There is not a lot of money in surplusing those devices, but there are savings in the license fee per device. For example he had a laptop and a desktop computer, he now has a docking station. Mayor Rosen continued, fleet is also looking for opportunities to surplus underutilized or outdated vehicles. Consideration is being given to converting to permitting software that the planning department believes would be better, more helpful and cheaper. Due to the overlap, that may not provide immediate savings, but it would be helpful in the long run. The 11-member advisory panel he appointed related to budgeting by priorities had their first meeting. That meeting including a briefing and review of the survey before it went out. He reminded there are three additional union negotiations this year; Teamsters in public works and parks, AFSCME professional team, and EPOA law support. Mayor Rosen relayed a fun fact, the Library of Commerce, formed in 1800, currently has 173 million items, equivalent to 15 terabytes of memory. The City of Edmonds has 4 devices with 30 terabytes each. Consideration is being given to purging items that no longer needs to be stored, whether there are other ways to store information, and creating policies to make the City more efficient and save storage space. 2. EDMONDS DOWNTOWN ALLIANCE WORKPLAN Community, Culture & Economic Development Director Todd Tatum introduced Kimberly Koenig President, Ed! and Brian Scott and Jacqueline Robinette, Uncommon Bridges. He explained this agenda item is to discuss the Business Improvement District’s (BID) work plan as requested in Resolution 1543 which the council approved in March 2024. No action is required or requested tonight. Kimberley Koenig, President, Ed!, explained she has been an Ed! volunteer for the past 10 years and has seen firsthand how lucky Edmonds is to have more than one organization continually working to keep Edmonds a premier daytrip destination. The organizations work well together and their efforts complement each other’s events and executions. Often members of the community or even council are not aware of programming created over the past 11 years. Running a volunteer-led BID, like all organizations, can have its challenges. Hundreds of small businesses participate in the BID programming and benefit from the work they do. The BID is conscious of members’ investments and she was incredibly proud of the quality of the work they produce with a budget four times smaller than similarly sized BIDs. Ms. Koenig displayed a video highlighting the popular iconic umbrella program; free parking; bike racks and pedestrian safety; public mural (Lovin’ Edmonds Summer); support during a global pandemic - safety pledge certified, shop local shop online (LoveEmonds.com), supporting amazing humans who make up our small business community – together we made it through; marketing programs – regional transit ads, Love Lists, Green Edmonds, Lovin’ Summer Edmonds, business spotlights, fall retail promotions, Edmonds Holidays, holiday branding, holiday trolley, Emily the Elf, interactive photo ops, festive drink bingo, caroling contest/free holiday movie, and social media/digital advertising. Edmonds City Council Draft Minutes July 23, 2024 Page 3 Mr. Tatum continued, explaining the community, culture & economic development department coordinate and collaborate with the BID in many ways. Their branding, coordination of activities and front door to downtown provide a coherent and enjoyable experience for visitors. It also allows Edmonds to be seen as a destination for visitors and business owners alike. Brian Scott, Managing Principal, Uncommon Bridges, explained he has been involved in BID and downtown revitalization for more than 40 years. He had the opportunity to offer assistance to Ed! when it was initially established and spent a little time working with group in the last few weeks to outline the process going forward. He reviewed: • Successful Districts Require • Vitality Depends on o Cleanliness o Strong Management o Hospitality and safety o Retail and Business Strategies o Planning & Design Improvements o Marketing and Promotions • What is a Business Improvement District o Improvement Districts have many names……  BID/BIA/EID/ESD/PID/EED o Funding mechanism for local placemaking o Enacted by City Council o Managed in the neighborhood o Assessment on properties and/or businesses o Assessment based on local preference o (square footage, value, sales, etc.) o Uses are local preferences,, often:  Cleaning  Safety  Marketing & promotions  Business development  Professional Management • Motivations for Creating a BID o Increase  Activity  Vitality  Rent  Cleanliness  Public Safety o Improve district image Edmonds City Council Draft Minutes July 23, 2024 Page 4 o District advocacy o Everyone pays their fair share • Business Improvement District Examples o Downtown Everett Association  Created: 1995 (Renewed 2020)  Budget: $883,400  Assessment: $485,870  Activities: - Professional Management - Downtown Flower Program - Cleaning & Maintenance o West Seattle Junction BIA  Created: 1987  Budget: $1,289,009  Assessment: $570,000  Activities: - Professional Management - Marketing & Events - Business Support - Repairs & Maintenance - Cleaning & Safety - Parking o Columbia City BIA  Created: 2009  Budget: $74,000  Assessment: $69,000  Activities: - Marketing - Cleaning Services - Public Realm Improvements - Business & Economic Development - Advocacy o U District Partnership  Created: 2015, renewed 2020  Budget: $2.3M  Assessment: $1.8M  Activities: - Professional Management - Cleaning Services - Safety Ambassadors - Homeless Outreach - Marketing & Events - Public Realm & Planning - Research & Reports o Ballard BIA  Created: 2016, Renewed & Expanded: 2023  Budget: $1,165,000 (Up from $500,000)  Assessment: $990,000  Activities: - Community Engagement - Urban Design & Transportation - Economic Development Edmonds City Council Draft Minutes July 23, 2024 Page 5 - Policy & Advocacy - Marketing - Professional Management - Cleaning Services • Best Practices: Services are a local preference • Best Practices: Formation/Renewal o Involve the major payers early o Authentic community engagement o Extensive ratepayer vetting o Make modifications where necessary to accommodate unique needs o Tie assessments to benefits o Multi-family residential properties and services are often key o Realistic & strategic boundaries o One-on-one outreach Jacqueline Robinette, Organizational Development Lead, Uncommon Bridges, reviewed: • Steps to Formation o Organizational Assessment & Development o Core group  Service area & goals  Work plan & budget  Assessment mechanism o Building support  City check-ins  Community members & major ratepayers  Messaging  One-on-one contacts  General meetings o Draft ordinance o Gather ratepayer support o Formal City Council process • Ed! BID Review & Update Process o Key stakeholder engagement o Review, update, vet, and refine:  Services  Boundary  Assessment Edmonds City Council Draft Minutes July 23, 2024 Page 6  Budget  Organization structure o Ratepayer marketing, & outreach o Council Process  Resolution of intention to establish  Public hearing process  Ordinance to establish o Timeline Mr. Tatum summarized the resolution requested a plan for completion by late summer 2025. That includes outreach and engagement now through approximately October, and crafting recommendations with Uncommon Bridges’ assistance toward the end of the year. He anticipated the next presentation to council would be January/February where strong idea about the assessment system, boundaries, etc. could be presented, getting petitions together March through July, and a public hearing and council vote at the end of August. Councilmember Tibbott relayed he was impressed with the BID’s proposal, commenting it looked like the BID planned to get a lot of feedback and build for the future. He asked if the BID anticipated expanding the boundaries of the business district. Ms. Koenig answered that is being explored; there has been some interest, particularly from the Salish Crossing area, about participating in the BID. The BID is also considering adding an at-large option for businesses who want to participate but aren’t within the boundary. Councilmember Tibbott referred to a reference to multifamily and asked if that would be an HOA participating in the BID. Ms. Koenig said that will need be explored further with the board. Councilmember Nand commented, as a former tenant in the BID area, she is a huge fan of the work they do. She asked about the update process, whether there would be a majority vote of the participating business. Mr. Scott answered it is the council’s authority that allows this to happen. Many communities ask ratepayers to provide a petition showing some level of support. Most city governments pass it by resolution, the council directing what they want to see. In his experience, he did not know of any that were a majority vote due to the difficulty determining what that majority would look like because there are large and small property owners, big and small businesses, tall and short buildings, etc. He said most often in a petition process, there are petitions that are weighted by how much people will pay. Councilmember Nand asked how the vote of tenants who are business owners versus property owners are quantified. She liked the formula he offered. Mr. Scott answered this can be done many ways; the BID currently assesses tenants in the district which makes sense because they are the people doing business every day. The problem with that is there is no list of the all the businesses inside a certain boundary. Businesses are supposed to have a business license, but in his experience not all do and their business license address may not be the same as the location of the business. It is simpler to assess property owners and let the property owner determine how to pass the cost onto their tenants. The group plans to look at how assessments have been done, how collection is working, whether that method should continue or if Edmonds City Council Draft Minutes July 23, 2024 Page 7 there is a way to do it more effectively and efficiently by changing the assessment methodology. There is no proposal at the moment, everyone is just thinking it through. Councilmember Nand recalled when she participated in the BID, she was surprised that she was assessed by the size of her little office because it did not correlate to the amount of revenue she was generating by being in the BID. She suggested a tiered system based on income although recognized that may be administratively difficult. Mr. Scott answered it is easy to come up with schemes that make sense the day they are created, but the more complicated it is, the harder they are to sustain over time. He recognized different businesses, although they may have the same size office space, have different revenue models. Some people with an upstairs office have different opinions about the value of promotions for downtown Edmonds. That is one of the things that will be worked on, what makes the most sense for this district at this time. Councilmember Nand thanked Uncommon Bridges for bringing their expertise to Edmonds and Ms. Koenig and Mr. Tatum for their hard work. Council President Olson commented the Edmonds City Council was at the Shoreline City Council last night and they asked the secret to Edmonds’ desirable and vitalized downtown. The first thing that came to mind in the conversation was the BID and the work they have done. She suggested to Mr. Scott that Shoreline, may be a potential customer. With regard to things other BIDs do that were highlighted in the presentation, she noted a lot of those are achieved through private/public partnership; for example, the flower baskets are donated, parks staff work on the flower baskets with help from the garden clubs which allows the City to use the budget for other offerings. She offered a shout out to those private entities as well as the numerous events the Chamber of Commerce does which means the BID does not have to do as many events and it still benefit from the gatherings that happens downtown. Due to the City’s current tight budget, the assessments targeting that area may be more valuable to business owners than they were in the past because the City may not be able to do much in the short term. She assured Mr. Tatum that the extended agenda is only a planning tool, the timeframes for coming to council will be noted, but it can be flexible. Councilmember Paine said it’s always interesting to hear what is going on with BID. She asked if City funds were being used for the BID evaluation or was it entirely funded by dues from BID members. Mr. Tatum answered it is split between the City and the BID, 2/3 and 1/3; it is a relatively small contract for this type of work. Councilmember Paine commented it was interesting to see that there were petitions, relaying information from the Municipal Research Service Center (MRSC) that indicated there were two ways BIDS are formed, via petition with either a 60% or 50% threshold. Mr. Scott answered the Washington RCW that references BIA describes a process that has a petition with a threshold of 60% of the assessment. Every city attorney he has consulted has been of the same mind, that the city’s own charter gives them the power to form a BID and the city does not need to rely on the state law and most cities do not. If the BID is formed by petition and the petition becomes legally part of the adoption process, someone could challenge whether the petition process was done properly which the city would have to defend even though they were not responsible for the petition process. Most cities adopt BIDs by resolution, but some cities want to do the petition anyway to show support which is what Seattle does. Councilmember Dotsch relayed she has heard one of the challenges in Edmonds is there are both open door and by appointment businesses and there are challenges for business without a presence on the street front. She believed a vibrant downtown includes all services, but they may not be equal. Ms. Koenig answered assessments are different for by appointment versus open door businesses. With regard to BID expanding, Councilmember Dotsch questioned how it could expand beyond the downtown core. Edmonds has certain traffic patterns where businesses tend to proliferate and expanding further out is always a challenge, but she was excited about opportunities to expand the BID beyond the existing core. Councilmember Chen commented the BID has done a lot of good for the City. He referred to potential future opportunities with hubs and centers in the comprehensive plan and zoning code update. He saw an Edmonds City Council Draft Minutes July 23, 2024 Page 8 opportunity to form BIDs in other areas, using the downtown BID as a model, such as Highway 99 and other centers and hubs. Council President Olson referred to the comment about the charter giving the council authority, pointing out Edmonds is a code city not charter city. She asked City Attorney Jeff Taraday to weigh in on the applicability of what was said. Mr. Taraday said as a non-charter code city, the City has home rule authority which is basically it can do anything that is not prohibited by the general laws of the State of Washington. 3. HIGHWAY 99 OFFICE INFORMATION BRIEF Community, Culture & Economic Development Director Todd Tatum said he was here at Council President Olson’s request as the council has not had a comprehensive update on the Neighborhood City Hall (NCH) since it opened. Although happy to take questions, he was not in a position to say exactly how the space would exist in the next six months or five years. Not because he was withholding information, but like most programs and services in the City, the right mix of services, locations and organization structure to address residents’ needs are being considered and there is more conversation to come on this space. He reviewed: • Background o Signed lease in December 2021 o Took possession on January 7, 2021 o Lease term started 90 days after o When opened, housed community court, Edmonds Police community engagement officer and front desk staff o Lease term is 36 months (April 2025) with option to extend • NCH Financials – 2024 Budget* o Expect to spend approximately $146,000 in 2024 • Activities that occur in the space o DSHS Mobile Unit o WorkSource o Phone clinics o 211 tabling to connect to services o Human services and social worker hold meetings with individuals o Community Health Plan of Washington o Community Court  Monday afternoons 1-4:30 o DVMRT Classes  One weekday evening/week o 140 unique walk-in visitors in the first six months of 2024, 83% seeking assistance (does not include individuals participating in the above activities) Edmonds City Council Draft Minutes July 23, 2024 Page 9  Staff allocated hours: 9-4 Tues – Thurs • Physical space over time Sign installation Information on door 211 tabling Designated space for police Community court space Door separating police workspace • Leadership and Organizational Structure o Community Services established the office o Discussion in 2022 and 2023 on where to ultimately house it organizationally o 2024/2025 need to make decisions on lease renewal Edmonds City Council Draft Minutes July 23, 2024 Page 10 Councilmember Nand thanked the administration for allowing a community group she is part of to have access to the space. It was her first time in the space and she saw incredible potential for a city hall/municipal government outpost on Highway 99. One of the attendees of the community meeting commented it was great to be able to walk to the office on Highway 99 as residents of southeast Edmonds typically have to come to downtown Edmonds to access community services. When thinking about ways to utilize the space in the future, she wondered if it would be possible to have OPMA-noticed board or commission meetings in the space such as planning board or the mayor’s climate protection committee and if there was Zoom capability or if that could be added. Mr. Tatum advised the Economic Development Commission recently held a publicly noticed, hybrid meeting in the community court space. Councilmember Nand asked if holding meetings in that space could assist in recruiting people for boards, committees and commission who are outside of the traditional networks. Mr. Tatum said he did not have a strong opinion on that. Councilmember Nand said one of the community members who met to discuss issues related to Highway 99 inquired whether that space could be utilized as a mailstop for unhoused people. She asked if that could be added to the community services that are provided. Mr. Tatum answered that is an interesting idea, but he was not sure about the legality or the process for that; it will depend on how the space transforms and is managed. Councilmember Nand commented there are a lot of exciting possibilities for that space. Councilmember Eck asked how many days and hours per week the office was open. Mr. Tatum answered Tuesday – Thursday, 9 a.m. to 4 p.m. Councilmember Eck commented 140 unique walk-ins in the first 6 months is pretty significant as it does not include people who come back repeatedly. She asked if Mr. Tatum felt the space was optimal for these types of service. Mr. Tatum answered the location in the community is pretty good. When the space opened, there was not a lot of certainty about the types of visitors or activities. The space has a number of challenges; the intent has been to make it compatible for police, the courts and human services, but it does not work well for any type of groupings occurring at the same time. The actual configuration, layout and limitations of the space are a challenge. Councilmember Chen commented based on the list of activities, it is a very valuable space, but considering it is only used three days out of five, there is some excess capacity. In his personal observation, cramming so many services such as police, community court and other functions into the limited space creates challenges. When the idea for this space first came up, his thought was to use it for a police substation due to the needs in that area. If the City decides to use its limited resources in this way, they need to be spent on the biggest need in that area which is public safety. If the City decided to extend the lease, he strongly suggested returning to the public safety aspect and utilizing it more fully. Councilmember Paine asked if the space is used three days/week for human services and an additional day for community court. Mr. Tatum agreed it was used for community court on Mondays. Councilmember Paine commented it is an interesting space with some benefits and limitations. She asked if the space could be utilized as a hub for the business community along Highway 99 where the City could offer economic touchpoints in ways that are meaningful for those businesses, while still retaining community court, human services and the walk in services. She recognized it may not be the perfect space for that, but she would like to have space to interact with the business community. Mr. Tatum said one of the things the City is trying to do is rebuild connections with the Washington Small Business Development Council and the Small Business Administration who provide a lot of clinics and have done those in Edmonds at the library or city hall. If that space is maintained, there would be an opportunity to bring those clinics and technical support that those organizations offer to that area. Councilmember Paine asked if would be an opportunity to create a space for conferences with business owners. She recalled when visiting Federal Way, their staff knocked on doors to create business relationships and learn about the community’s needs. She asked if that would possible in that space. Mr. Tatum answered that is a good idea and needs to be included in the conversation about where to go next. Edmonds City Council Draft Minutes July 23, 2024 Page 11 Councilmember Nand asked given the proximity to Highway 99, what is the potential for the space to be utilized during extreme weather events such as extreme heat and could it be adapted for overnight shelter during extreme cold when human life is endangered. Mr. Tatum answered that has not been considered in depth; it is something that could be considered if the City retains that space. One of the challenges is staffing such a use; when that has been considered in the past, questions include which job classifications would do that, which department has the hours, etc. He summarized there is a staff cost and potential challenges with that type of work, but it is worth considering when options for the future are considered. Councilmember Nand commented there are community organizations and foundations that the City could potentially partner with. Councilmember Nand asked how access could be provided if councilmembers wanted to hold office hours in the neighborhood city hall and minimize impact on staffing such as key access. Mr. Tatum suggested if that is something councilmembers are interested in doing, to reach out to him and he will help determine whether it is within the range of possibility., Councilmember Nand asked if there was time the space was not being utilized by staff whether it could rented by the community similar to what the library does. Mr. Tatum answered that may be a possibility, but that would require staff and a program to manage it which is a challenge with the current 21 hours of staff time. Council President Olson commented the presentation was very comprehensive and provided good insight into the evolution and services that have been found to be of value to the community. Regardless of what decisions are made regarding the space, the community has learned what services are of value and to ensure those are addressed in one way or another. Councilmember Dotsch asked about the safety of the office for those who work there or are in the space. She recalled hearing there were challenges when it first opened. Mr. Tatum answered he could not recall a time when the police have been called to the space for an incident. The door is open; staff can be in a vulnerable position depending on who comes in. The type of clientele requires someone who is used to dealing with people who are struggling or in crisis. Councilmember Dotsch asked if the person staffing the office has training in that, if it was a requirement in their job description, or did the City just get lucky and the staff member had that experience. Mr. Tatum said the person has been through de-escalation training, has worked with this population in the past, and the City did luck out finding an incredibly talented and dedicated staff member. If there was a need to fill that position again, the job description would need to be rewritten to specify the requirements. Councilmember Dotsch asked how often police officers utilize the space. Mr. Tatum said he was unable to provide an actual number of hours, they do a little paperwork in the space and/or use the restroom, but it has not been a place where they spend a tremendous amount of time. Councilmember Dotsch asked if the police have a need for that space. Mr. Tatum answered it is used less than originally envisioned. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Gordon Black, Edmonds, board member, North Sound Bicycle Advocates, commended the City for passing a Complete Streets ordinance. In the effort to reduce carbon emissions, cars are the largest source of carbon emissions in Edmonds. It is important to see bike lanes as part of a network, yet it is currently a highly fragmented network where bike lanes end suddenly or do not exist. Eastbound bike lanes belong on Main Street for the same reason that I-5 does not become a gravel track when one reaches Northgate. Bike lanes on Main Street are a necessary part of the network the City is designing to make cycling safer and Edmonds City Council Draft Minutes July 23, 2024 Page 12 more appealing for a larger group of cyclists. In surveys examining why more Americans do not use bikes for trips of 1-3 miles, around 40% of the respondents say it is because they perceive roads and streets as unwelcoming and unsafe. Putting bike lanes on the uphill side of Main Street from 6th to 9th challenges that perception because those bike lanes will make cycling safer for a large group of people. With the recent installation of bike lanes on 9th/100th from Walnut to Firdale, despite the dire predictions of issues, drivers have adjusted to the changes and as a bike rider, he assured that road is now much safer and he sees many more cyclists using it. Change can be hard, but he was confident Edmonds residents will adjust to an uphill bike lane on Main Street for those three blocks. It is an incremental step in the grand scheme to create an actual network of safer, more welcoming bike routes in Edmonds that will help reduce reliance on cars for short trips. He summarized it should be considered an investment for the future. Bill Derry, Edmonds, spoke regarding lot coverage, recalling discussion at the planning board about changing the ordinance related to residential lot coverage to accommodate additional accessory dwelling units (ADU). He supports additional ADUs but was concerned about increasing lot coverage. He suggested in further discussions on the topic, having a companion requirement for equal amounts of vegetated pervious surface in order to have green spaces as well as areas where stormwater can be infiltrated. Robert Burnhoff, Edmonds, referred to a problem that occurred where Perrinville Creek enters Puget Sound in front of the home at 8229 Talbot Road. He has been informed by a stormwater engineer that there is a perforation in the rusted out metal that goes under the railroad tracks and enters Puget Sound. Its shape is also altered and the way it protrudes up shows the weight of the extra ballast from the railroad rock has changed it tremendously. The stormwater engineer indicated it was not if there would be a failure, but when. He relayed Council President Olson has spoken with the stormwater engineer on this issue and he questioned why something hadn’t been done, fearing an event like what occurred in East Palestine, Ohio, could occur at any moment. Roger Pence, Edmonds, said he has been trying to follow the City’s budget crisis and the response of the Blue Ribbon Panel and has been unable to find any of the Blue Ribbon Panel’s work other than the press release regarding creation of the panel. He suggested the panel’s report be posted on the City’s website. The 32 page report can be found in the July 9, 2024 city council agenda packet, however, most citizens do not know that. He urged the City to be stop playing “hide the ball” with that information. Riaz Kahn commented crime in Edmonds is increasing, the housing crisis is escalating and red light cameras are being installed. He expressed support for the Asian Service Center and invited the public to the Dragon Boat Festival on August 1. The Asian Service Cener helps seniors with healthcare issues. The center also helps youth, the foundation and future leaders of the community, by offering leadership classes. Robert Manciu, Edmonds, expressed his strong support for the proposed ban on backyard breeding in Edmonds. Backyard breeding, the practice of breeding animals on a small scale, often by individuals without proper oversight or expertise, has significant negative consequences for the City. These impact include:  Minimal welfare concerns - backyard breeding often results in poor living conditions for the animals. Without property veterinary care, nutrition and socialization animal suffer. Many are kept in cramped and unsanitary conditions leading to health issues and suffering.  Overpopulation - unregulated breeding contributes to the overpopulation of pets which in turn overwhelms local shelters and rescue organizations. Many of the animals end up being euthanized or living in shelters for extended periods.  Public health and safety - poor breeding practices can lead to the spread of diseases among animals and potentially to humans. Additionally, animals bred without proper socialization and care may exhibit behavioral problems posing safety risks to the community. Edmonds City Council Draft Minutes July 23, 2024 Page 13  Community resources - dealing with the consequences of backyard breeding constrains city resources. Animal control, shelters, and rescue organizations spend significant time and money addressing issues that arise from irresponsible breeding. By enacting a ban on backyard breeding, Edmonds can demonstrate its commitment to animal welfare and public health. It would ensure that all breeding operations adhere to strict standards promoting the humane treatment of animal and reducing the burden on local resources. He urged the council to consider the long term benefits of such a ban; the community will be healthier, safer, and more compassionate as a result. Daniel Pejovic, Edmonds, relayed his family has lived on 203rd Place SW off 84th Ave W for nearly 30 years, a street that has never been paved, is bumpy, unkept, and full of expensive to fix potholes. During the cold season, it remains icy and snowy long after nearly all other roads in Edmonds are defrosted and void of snow and ice. He begged the City for a plan to pave 203rd Place SW; it is the right thing to do as everyone on the street are hardworking Edmonds taxpayers who have lived there for decades because they love Edmonds. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES 2. WRITTEN PUBLIC COMMENTS 3. JUNE 2024 QUARTERLY FINANCIAL REPORT 4. DRAFT FINANCIAL POLICIES 5. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. 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 SPECIAL MEETING MINUTES OF JULY 2, 2024 2. APPROVAL OF SPECIAL MEETING MINUTES OF JULY 9, 2024 3. APPROVAL OF REGULAR MEETING MINUTES OF JULY 9, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. MATHAY BALLINGER PARK IMPROVEMENTS CONSTRUCTION CONTRACT 6. CAR SHOW & OKTOBERFEST EVENT AGREEMENTS 7. AUTHORIZING THE MAYOR TO SIGN PARTICIPATION FORM RE KROGER OPIOID SETTLEMENT 8. SETTLEMENT AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC 9. LEGAL ASSESSMENT COMMITTEE – ASSESSMENT QUESTIONS FOR CITY ATTORNEY/PROSECUTOR 10. APPROVAL OF HAUL ROUTE AGREEMENT FOR MEADOWDALE BEACH PARK ESTUARY RESTORATION PROJECT 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE EDMONDS MARSH ESTUARY PLANNING STUDY 12. ORDINANCE AMENDING AUTHORIZED EMPLOYEE POSITIONS 13. APPROVAL OF FINANCE DIRECTOR JOB DESCRIPTION AND REORGANIZATION OF ADMINISTRATIVE SERVICES 14. RESOLUTION AUTHORIZING MAYOR TO APPROVE SHARED LEAVE BEYOND PERSONNEL POLICIES 15. APPROVAL OF COUNCIL RULES OF PROCEDURE SECTIONS 4 & 5 CONSENT AGENDA AND COUNCIL MEETINGS 16. APPROVAL OF DISPOSAL OF SURPLUS EQUIPMENT/CITY ASSETS 17. APPROVAL OF JOB DESCRIPTION FOR PERMITTING PROGRAM MANAGER 9. COUNCIL BUSINESS Edmonds City Council Draft Minutes July 23, 2024 Page 14 1. 2024 JULY BUDGET AMENDMENT ORDINANCE Councilmember Eck expressed concern with proposed $200,000 Edmonds Homelessness Fund Transfer and asked why this was proposed as part of the budget amendment rather than with all the things that could be on the table for the budget. Mayor Rosen suggested staff provide their presentation so there is context for the conversation. Due to technical difficulties, Mayor Rosen declared a brief recess. Deputy Administrative Services Director Kim Dunscombe reviewed the proposed 2024 July Budget Amendments (packet page 342): Building Plan Review and Inspection Professional Services Technical structural inspections require use of a consultant. An ordinance was passed earlier this year allowing the City to bill 100% of the pass through invoice. This amendment amends the appropriation authority for the planning & development department and is budget neutral. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THIS BUDGET AMENDMENT. Councilmember Paine inquired about the process, expressing her preference to individually consider and approve the amendments. She observed most permit-related items have a revenue aspect and asked if that was being considered. Ms. Dunscombe answered the permit applicant pays a deposit; as the City receives invoices from the third party vendor, they are reconciled and when funds provided by the deposit are no longer sufficient, an additional deposit is requested from the permit applicant. MOTION CARRIED UNANIMOUSLY. Library Repairs Interfund Transfer Transfer funds from the Building Maintenance Fund to the General Fund to pay for the library repairs caused by water damage and some improvements. The City’s share of the project is $408,000. Councilmember Paine asked whether this was included in the 2024 budget. Ms. Dunscombe answered it was not included in the budget; the request is to use the bond maintenance fund (Fund 016) to pay for this expense. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE BUDGET AMENDMENT FOR LIBRARY REPAIRS. Council President Olson explained there was an extensive conversation at council committee regarding the original expectation that this would be covered by insurance and whether this should be shared with Sno- Isle, neither of which were possible. She summarized the use of bond maintenance funds was an appropriate remedy to cover these expenses. MOTION CARRIED UNANIMOUSLY. Edmonds Homelessness Fund Transfer Proposed transfer of the balance of the Edmonds Homelessness Fund (Fund 018) into the General Fund. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO RETAIN THE $200,000 PRESENTLY IN THE 018 AND DIRECT THE ADMINISTRATION TO SPEND THESE FUNDS TOWARDS EXTREME WEATHER EVENT EMERGENCY NEEDS FOR OUR HOMELESS POPULATION IN EDMONDS DURING EXTREME HEAT AND EXTREME COLD. Edmonds City Council Draft Minutes July 23, 2024 Page 15 Councilmember Nand said she has asked multiple administrations in multiple budget cycles to spend the money in Fund 018 to help people experiencing the crisis of homelessness. There are many ways staff could choose to utilize these fund if the council approves using the funds for the homelessness crisis instead of putting them back into the General Fund. For example, block grants could be provided to organizations such as the Jean Kim Foundation or other organizations such as Volunteers of America who provide extreme weather response in neighboring cities such as Lynnwood. There is space on Highway 99; potentially the City could host a cooling tent during extreme heat on the America’s Best Hotel site if Snohomish County provided access to the parking lot. There is a lot that could be done to prevent the loss of human life due to extreme weather fluctuations in the region due to climate change which results in extreme heat, extreme cold and very dangerous storms. One of the core functions of government is to preserve human life. Assisting vulnerable people would be a worthy use of these funds. Councilmember Chen said he understood the City’s budget situation, but there is a need in the community and as stated by Councilmember Nand, there are many ways to deploy these funds. His preference was to retain the $200,000 and look for ways to spend it meaningfully. Extreme weather shelters may be a good use, but there are other ways and he preferred to rely on human services professionals to identify those opportunities and not confine it to such as narrow use. This $200,000 will not solve the problem of homelessness and it will not replenish the $12 million reserve fund. Councilmember Eck concurred with Councilmembers Chen and Nand, commenting it seemed early to go after this fund when there are other things that could be look at as a whole. These funds haven’t been used in the past and the City has human services staff who could get it out to the community such as keeping low to no income seniors in their homes, getting families out of their cars and into temporary shelter, rental assistance, etc., things that would have tangible benefits to the community. Transferring these funds rather than looking at everything in total felt premature, and came at a significant expense to the community. She encouraged the council to table this amendment for now and look at other potential funding rather than hurting the community. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND TO REMOVE THE CAVEAT ON HOW IT WOULD BE SPENT. Council President Olson said the amendment would strike the portion of the motion to direct the administration to spend the money in any particular way. The human services director has been asked on more than one occasion whether the cold weather scenario was being addressed in the community and has stated on more than one occasion that it was. Specifying that use is too prescriptive, staff knows what is needed in the community. If the council chooses to spend these funds, it should be done in consultation with staff and not council directing a specific use. Councilmember Paine said she was unsure how this budget amendment originated, this is not a time for the council to remove funding for a much needed program that serves many people. There is a need for housing for the unhoused and to respond quickly to the needs in the community. She recognize these funds were not programmed in the past because in prior years, there were ARPA funds to support human services programming. Now, these funds will be the last remaining backstop to address human services in Edmonds. She was hopeful funds could be identified for additional thoughtful programming in the next couple years and wanted to ensure there was funding available for residents in need this year and next year. She wanted an opportunity to discuss use of these funds at a specific meeting or during the budget process. Council President Olson raised a point of order, stating Councilmember Paine was not speaking to the amendment. Councilmember Paine said she was getting to that, she did not think this was a viable budget amendment, did not understand why it was proposed, and wanted more council discussion. Edmonds City Council Draft Minutes July 23, 2024 Page 16 Councilmember Nand said she would be willing to support the amendment to her motion, but planned to offer an amendment to direct staff to bring forward proposals to spend the money within 24 months. It has been very frustrating to see people experiencing the crisis of homelessness in the community, knowing there is $200,000 sitting untouched in the City’s coffers when it could be used to help people in desperate need. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND TO DIRECT STAFF TO BRING FORWARD DECISION PACKAGES TO EXPEND THE FUNDS WITHIN 24 MONTHS. Councilmember Tibbott did not support the amendment. Councilmember Nand said she did not want to direct the work of the human services department or who they chose to partner with; she was trying to encourage spending of the funds within a certain timeframe rather than having it remain untouched year after year. AMENDMENT FAILED (3-4) COUNCILMEMBERS ECK, PAINE AND NAND VOTING YES. Council President Olson recalled the fund originally came from the General Fund and asked what year the funds were allocated. Ms. Dunscome answered early 2022. Council President Olson observed the money has sat untouched due to the availability of ARPA funds during that time. There hasn’t been an urgent need for the funds and they have remained untouched for several fiscal years. As the funds came from the General Fund and the City is having a General Fund crisis, it would be appropriate to return the funds to the General Fund for the short term crisis. She encouraged the council to be receptive when staff makes a proposal to fund an urgent need. Councilmember Dotsch observed if the council denies the amendment, the funds would remain in in the Homelessness Fund. Councilmember Nand disputed the characterization that there hasn’t been an urgent need in the community to use the funds. A homelessness crisis exists in Edmonds and there are numerous people every day who could benefit from these funds, not just people who are camping near Lake Ballinger, but people who are car camping, couch surfing, housing unstable, close to being unstable, etc. Spending these funds in the community could do a lot of good; her personal preference would be an extreme weather event response in Edmonds along Highway 99 instead of telling people who are homeless or living in unheated/uncooled spaces to go to other jurisdictions such as Lynnwood to seek shelter from extreme weather. There are numerous ways these funds can be used; it is impossible to place a dollar value on human life. Due to the crisis of homelessness and extreme weather events, there is the potential for people to die of exposure or heat stroke. She strongly encourage councilmembers to retain the $200,000 in the Homelessness Response Fund and actually use it for the urgent need of homelessness response. As she has some knowledge in this field, Councilmember Eck found it difficult to believe there hasn’t been a need and wondered about the criteria used to distribute the funds. In addition to homelessness and families living in cars, these funds can be used to prevent people from becoming homeless. For example there is a significant senior population who could use more utility assistance than the City offers or more mortgage assistance. There are extremely worthwhile things the City is not doing that could be funded with this money. Councilmember Paine reiterated these funds need to remain in the Edmonds Homeless Response Fund and not transferred into the General Fund. If there is an effort to sweep funds into the General Fund, that needs Edmonds City Council Draft Minutes July 23, 2024 Page 17 to be looked at comprehensively and not looking at just one fund. She expressed support for the motion to retain the funds in Homelessness Response Fund. Councilmember Dotsch said she was okay with retaining the money in the Edmonds Homeless Response Fund. She asked for information regarding how the ARPA funds were distributed to those in need, how beneficial it was, and how much went to those in need versus other costs. There are a lot of ideas, but $200,000 is not a lot of money and would be spent fairly quickly. MAIN MOTION AS AMENDED CARRIED (6-1), COUNCIL PRESIDENT OLSON VOTING NO. Parking Enforcement Officer Transfer Transfer $80,000 from the Employee Parking Permit Fund to the General Fund to cover a portion of enforcement officer’s salary and benefits in 2024. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THIS DECISION PACKAGE. Council President Olson referred to an email from a resident requesting the council ensure the City still has the administrative ability to run that program. Ms. Dunscombe explained the $80,000 comes from fund balance. Planned expenditures in 2024 which include $1000 for supplies and $25,000 for the clerk’s time will be spent as planned. Councilmember Paine asked if this was a request from the police department due to inadequately funding the parking enforcement officer during the budget. Ms. Dunscombe said she brought this amendment to the police department as a way of solving their current budget problem. Councilmember Paine asked if that position was not adequately funded in the 2024 budget. Ms. Dunscombe answered that specific position was funded, by the time the budget process was completed, the police contract had already been settled and the adjustments for that position were know. The police department as a whole is having difficulty in 2024 and staff was asked to identify ways to get through 2024. Funds has been accumulating in the Employee Parking Fund balance for the past few years. Public works did not have any plans to do any traffic studies in the near future which is another option for using that fund balance so she proposed this amendment as a way to help the police department’s budget in 2024. Councilmember Paine said she would rather use the funds for traffic studies. At least a dozen neighborhoods have complained about speeding and violations; traffic studies can be conducted to illustrate conditions in those neighborhoods. She will not support this amendment although she appreciated Ms. Dunscombe’s diligence in identifying the potential amendment. The parking enforcement officer was adequately funded in the budget, but some of the neighborhood traffic studies were not. Councilmember Dotsch asked if the parking enforcement officer would not funded without this transfer. Ms. Dunscombe responded all departments are trying to figure out how to get through 2024 and ending the year with a $2.2 million fund balance. As Mayor Rosen has said, staff is looking under every cushion and this was one of those. This money is restricted by code, all moneys in this fund shall be used solely and exclusively for the administration of the employee parking permit program created by this chapter for costs associated with parking enforcement. The parking enforcement officer is one of the few eligible uses. Restricted funds need to be spent as soon as possible and this was an opportunity to transfer the $80,000 fund balance. Councilmember Dotsch asked what fund that would be transferred from. Ms. Dunscombe answered Fund 121. Currently when someone purchases an employee parking permit, that money is receipted into a special, restricted fund, Fund 121. Only $1,000 for supplies and $25,000 to support the clerk’s time has been Edmonds City Council Draft Minutes July 23, 2024 Page 18 programmed to be spent from that fund. Over time, extra money has accumulated in the fund balance and is now up to $80,000. With regard to traffic studies, Council President Olson recalled neighborhoods submit petitions which are ranked to determine which projects go forward. She recalled there were projects that would be going forward this year. City Engineer Rob English assumed Council President Olson was referring to the traffic calming program; the request for projects has gone out and staff is in the process of reviewing applications. That program is related to speed, not parking, and he was unsure it would qualify for this funding source. Council President Olson expressed support for the amendment. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. ARPA Funds for Fire Contract Allocate remaining ARPA funds to pay for the fire district contract. This amendment would use $300,000 dedicated to the community relief funds and apply $619,000 ($300,000 + $250,000 in ARPA funds left unallocated at the conclusion of the budget process + interest in that fund) to the fire contract. All ARPA funds must be spent by the end of 2024; this amendment would appropriate all the ARPA funds in Fund 142 to the fire contract. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THIS BUDGET AMENDMENT TO TRANSFER THE REMAINING ARPA FUNDS INCLUDING INTEREST TO COVER FIRE SERVICES. Councilmember Chen commented, as Ms. Dunscombe pointed out, ARPA funds need to be spent by the end of 2024 and the City is facing a budget crisis. The City already spent $6.5 million in ARPA funds for fire services; this is an opportunity to look under the cushions for money for this purpose. It is the right thing to do at the right moment. Councilmember Paine referred to page 25 in the 2024 budget book which indicates the balance was just under $65,000. She asked where the other $300,000 came from. Ms. Dunscombe answered the $300,000 was already appropriated for a specific purpose so it is possible it is not included on the page Councilmember Paine referenced. From a accounting perspective, it is confusing to show fund balance in that fund because the revenue cannot be recognized until it is spent. It may be sitting on the balance sheet and is unspent. MOTION CARRIED UNANIMOUSLY. Mee Property Parkland Acquisition Capital budget amendment to allow acquisition of the one acre Mee property. In February 2024, the council approved this property acquisition. It was not in the 2024 budget so this is to catch the budget up with a previous council decision. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE BUDGET AMENDMENT REGARDING THE MEE PROPERTY. MOTION CARRIED UNANIMOUSLY. 2024 Pavement Preservation Program Request an additional $100,000 for the 2024 Overlay Construction Contract, $50,000 from REET 1 and $50,000 from REET 2. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THIS BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes July 23, 2024 Page 19 Edmonds Marsh Estuary Planning Study City council approved a grant agreement with the National Fish and Wildlife Foundation to complete a planning study for Edmonds Marsh. This budget amendment will program the anticipated expenditures and grant revenue in 2024. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE THIS BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. Perrinville Sediment Maintenance Permit Assistance and Mitigation Planning Program stormwater utility funding for permit assistance related to SEPA and securing a permit from the Department of Fish and Wildlife to perform maintenance of the existing diversion structure in lower Perrinville Creek. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THIS AMENDMENT. MOTION CARRIED UNANIMOUSLY. Council President Olson asked the best way to revise the budget ordinance to reflect removal of the one amendment. City Attorney Jeff Taraday answered one option would be to have Ms. Dunscombe revise the ordinance, otherwise the council could authorize staff to conform the budget ordinance to the motions that were made and approve the ordinance accordingly. The council is accustomed to seeing the precise text of what they are approving, but he was unsure if Ms. Dunscombe could amend the ordinance tonight. Council President Olson said she was comfortable with directing staff to conform the ordinance as it was a fairly simple change to remove one proposed amendment. Ms. Dunscombe offered to amend the ordinance for consideration later on the agenda. 2. MAIN STREET OVERLAY PROJECT SCOPE OF WORK Acting Public Works Director Rob English introduced Project Manager Ryan Hague and Transportation Engineer Bertrand Hauss, explaining during discussion of bid results at last week’s PPW Committee meeting, the committee requested a presentation to full council regarding the project, specifically the eastbound uphill bike lane and potentially replacing it with a bike sharrow. He described the process of adding that feature to the project: • Area Map o Two projects planned on Main Street between 6th and 9th.  The portion between 6th and 8th has a federal grant - Bids for that project were rejected earlier on the agenda and the project will be rebid.  The portion between 8th and 9th is part of the locally funded overlay project. Edmonds City Council Draft Minutes July 23, 2024 Page 20 - Council awarded the overlay program Granite Construction earlier this year. Their schedule is to do the work, grind, overlay and striping, the week of August 26. • Complete Streets o City Ordinance #3842 (ECDC 18.80.015) Complete Streets Ordinance - states that:  City of Edmonds will plan for, design, and construct all new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, transit users, and persons of all abilities.  Purpose of Complete Streets is to evaluate transportation projects for the design to accommodate all users, ages and abilities  Benefits of Complete Streets include reduce emissions via increased alternate modes of transportation, potentially calming traffic via reduced travel lane widths  In 2022 the State enacted guidance for WSDOT for state routes on a city street for projects costing over $500,000, consideration has to be given to implementing Complete Streets principles. That is why the council took action last year to approve Complete Street concepts on Highway 99 last year.  Complete Streets is an important part of the design effort for transportation projects Program Manager Ryan Hague reviewed: • Existing Section • Proposed Section o Narrowing lane width makes roadway safer by lower road speeds  Confirmed via numerous studies - In November 2023, Johns Hopkins University released a study, “Narrow Lanes Save Lives” that confirmed narrow lanes reduce speeds and crashes. Johns Hopkins Edmonds City Council Draft Minutes July 23, 2024 Page 21 recommends 9’ lane widths. The author of the study Assistant Professor of Environmental Health and Engineering at Johns Hopkins Shima Hamidi, PhD, says drivers are less concerned about the speed limit and more concerned about the context of the street when determining their driving speed. In other words, on streets with trees, pedestrians, bike lane and bikes, drivers feel less safe driving fast and will driver slower regardless of the speed limit. • Benefits of sharrows and conventional bike lanes Mr. English reviewed: Edmonds City Council Draft Minutes July 23, 2024 Page 22 o Provides future connection to bike lane network on 9th o Frances Anderson Center, a significant community gathering place, is located in this stretch of roadway which this Complete Street facility will help support • What happens to grant funding if the uphill bike lane is removed from the project and replaced with a bike sharrow? o No change in grant funds o Providing no bike facility affects State TIB funding of $2,500 • How does the lane configuration align at 6th & 9th? Edmonds City Council Draft Minutes July 23, 2024 Page 23 o 6th & Main Stripe Transition • 9th & Main Stripe Transition o Similar condition at 76th & 220th where there was insufficient right-of-way width to accommodate bike lanes through the intersection. When future improvements are made, the bike lane will continue through the intersections. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO PROCEED WITH THE MAIN STREET OVERLAY PROJECT SCOPE OF WORK INCLUDING AN EASTBOUND UPHILL BIKE LANE. Councilmember Nand described her experience where a unicycle rushed between her car and the parked cars and she was terrified he would fall in front of her car. As a motorist, she sees the need for a bike lane and enthusiastically supports staff’s recommendation to add it. Council President Olson thanked staff, recognizing council has asked for a lot of explanation, reexplanation and pictures, and they delivered. She had been concerned about the alignment of the middle lanes and thanked staff for the pictures that show it will not be an issue. She hoped the overlay contract would include Edmonds City Council Draft Minutes July 23, 2024 Page 24 a clause about returning the surface to smooth in case there are striping changes. She requested when the comprehensive plan is presented to the public, instead of an online or in person open house, providing a tour where the public can be on site and see the proposed transportation changes. Mr. English said he will make note of the suggestion for a tour with the transportation plan update. One of the differences between this and the previous project is this project includes an overlay so the pavement surface will be new. Councilmember Paine expressed support for the recommendation for bike lanes from 6th to 9th on Main Street. The council talks about safety on a regular basis and that includes people who are not in vehicles such as pedestrians, people using wheelchairs, bicyclists, etc. She agreed with Mr. Hauge that a busy streetscape with trees, bike lanes, etc. make drivers pay attention. She reiterated her support for the bike lanes which also support climate protection by possibly reducing vehicle miles traveled. Councilmember Tibbott said he was still having trouble with a bike lane on 2½ blocks of Main where sharrows current exist on the remainder of the street and there are no bike lanes east of 9th. If bike lanes are added to the east on Main in the future, 4 streets between 9th and 220th will have bike lanes all the way up the hill. He referred to the midline graphic at 6th, commenting there is no illustration of the midline west of 6th. Mr. Hague assured they line up perfectly. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND TO ABANDON THE BIKE LANE DESIGN AND ADD A 2-FOOT BUFFER AT THE EDGE OF THE PARKING INSTEAD AND ADD SHARROWS ON THAT SECTION OF MAIN STREET. Councilmember Tibbott explained his rationale for the amendment was it matches what is happening on Main Street already. This is going out to bid, yet the City does not have a comprehensive bike lane plan and there is no evidence this will result in a bike lane eastbound on Main Street past 9th. He wanted to see a comprehensive bike lane plan before committing to a bike lane on 2½ blocks. Councilmember Dotsch commented she was still unclear with the 2-foot shift, shifting cars over on 2½ blocks is quite abrupt. That stretch of roadway from Main 6th to 8th is Frances Anderson Center central; people are parking and opening car doors constantly. The need for pedestrian safety in that area is very high, and there needs to be a buffer for car doors. She drove that stretch today envisioning shifting the lane 2 feet north closer to parked cars and encountered three people opening their car doors as she was driving by. This is a unique spot, and accommodating all users in the most perfect way possible detracts from the safety of pedestrians and how people use that corridor. She envisioned shifting over 2 feet when people are used to driving straight will create problems. There doesn’t seem to be a lot of accidents in that area with the existing 4-foot flex space on either side for doors, bike, kids running around the car, etc. A safer way for cars, bikes, and pedestrian and continuing with Complete Streets is a sharrow like what exists all the way down the hill to the ferry. She expressed support for the amendment. Councilmember Paine did not support the amendment as she preferred the design created by the engineers. Councilmember Nand was unable to support the amendment, especially because she had a hard time visualizing the impact the amendment would have on the proposed design. On packet page 364 (existing section) it appears the inclusion of a bike lane would create a buffer between traffic and parked cars opening their doors on the south side. In her terrifying experience today with the unicyclist, there was very little space between her car and parked vehicles on Main Street. The redesign creates more space for everyone to utilize this very popular street and she encouraged councilmembers to support staff’s recommendation. If council was interested in a redesign, she suggested directing staff to render it so everyone can understand exactly what is being proposed. Councilmember Eck recognized a lot of research has been done, and studies show including infrastructure and narrowing lanes makes it safer. She has seen for herself that narrower lanes slow traffic. She appreciated Edmonds City Council Draft Minutes July 23, 2024 Page 25 the expertise staff brings and the time they have spent on this design. Change is hard, but in trying to make room for all modes of transportation, she could not support the amendment. Councilmember Chen observed this project is to install bike lanes from 6th to 9th and asked if bike lanes would be installed in the future from 9th to Five Corners and on to 76th to connect the rest of the City. Mr. English answered in the 2009 and 2015 transportation plans, that bike route continued east to Five Corners. In the transportation plan update, the draft bike network continues to show bike lanes to Five Corners. In that stretch, the existing road is wide enough to accommodate bike lanes and can easily continue to Five Corners. There are obviously grade issues, but there are also more e-bikes using bike facilities. Councilmember Chen observed the potential to connect to 76th and the Interurban in the future. He liked the proposed plan and appreciated the study, research and work that went into it. Council President Olson said she has had some of the same concerns about the frequency of doors opening on Main Street. She envisioned there was sufficient width to accommodate all these different functions. Cars get impatient driving behind bikes that go slower when riding uphill so to the extent the width can accommodate it, it is something that should be included on Main. Some studies recommend 9-foot lanes; these will be 11 feet and 13 feet with a bike lane. She expressed support for the original proposal and did not support the amendment. Councilmember Dotsch reiterated there would be 2 feet less on the north side so there is more risk from cars opening doors into traffic or bikes coming down the hill. With regard to 9th, unfortunately since the bike lane was added, speeds have increased, and motorized vehicles are using the bike lane including motorcycles. She recommended following up after these bike lanes are installed to study how they are being use and whether speeds actually decreased. That needs to be studied in Edmonds and not from the perspective of a study done somewhere else. AMENDMENT FAILED (2-5), COUNCILMEMBERS TIBBOTT AND DOTSCH VOTING YES. MAIN MOTION CARRIED (6-1), COUNCILMEMBER DOTSCH VOTING NO. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO EXTEND TO 10:30. MOTION CARRIED (6-1) COUNCILMEMBER TIBBOTT VOTING NO. 1. 2024 JULY BUDGET AMENDMENT ORDINANCE Deputy Administrative Services Director Kim Dunscombe displayed the revised ordinance and described where changes were made on Exhibit A to reduce General Fund revenue by $200,000 and remove the $200,000 expenditure from the Edmonds Homeless Response Fund, on Exhibit B, in the Proposed Amendment Ordinance # column, the revenue for the General Fund is reduced from $445,700 to $245,700; on Exhibit C, the expenditure from Fund 018 is changed to 0; and on Exhibit D which reflects the $245,700 for Fund 001 revenue and 0 expenditure from Fund 018. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE ORDINANCE NO. 4363 AS REVISED BY DEPUTY DIRECTOR DUNSCOMBE. MOTION CARRIED UNANIMOUSLY. 3. ORDINANCE AMENDING ECC 5.05 TO BAN THE DELIBERATE BREEDING AND SALE OF COMPANION ANIMALS Councilmember Nand explained when her bunny Arjun, whom she rescued from a meat breeder, died unexpectedly in 2022, she decided to turn her grief into action. As a new councilmember at the time, she was disheartened that not only does the City’s code not deter commercial animal breeding operations, ECC 5.05.020.B.4 states dogs whose owners maintain them for the sole purpose of commercial breeding are not Edmonds City Council Draft Minutes July 23, 2024 Page 26 required to be licensed. Under the City’s currently animal control chapter, ECC 5.05, the City signals to potential breeders that not only is breeding permitted, but there is no need to license those animals as would be required for domestic pets and only asks that they be kept kenneled and not running at large. She reached out to the City’s Senior Animal Control Officer Jessica Gilginas who directed her to another Snohomish County city, Bothell, that has taken affirmative steps to limit the amount of backyard breeding that occurs in their jurisdiction. Everett has also banned the sale of cats and dogs within its city limits and directs that only animals from a publicly controlled animal control agency or nonprofit animal welfare organization shall be available for adoption from any retail pet store in its jurisdiction. The penalty for violating the ordinance is $250/day. Feeling inspired that other cities in Snohomish County find the bare minimum of animal welfare requirements set forth in state law, RCW 16.52.310, that up to 50 dogs may be kept on any property as long as they have enough space to turn around and at least one hour of exercise per day in use for commercial breeding operations, Councilmember Nand explained she reached out to local animal welfare organizations and animal rescue community to get their feedback. Overwhelmingly everyone she talked to that is involved in animal rescue encouraged her to seek a ban on backyard breeding entirely. Everyone had horror stories of finding neglected and abused animals in horrific circumstances on properties being bred by individuals without the proper knowledge to treat these animals humanely. Like herself, many of them have rescued animals bred for profit from small cages without food, water or adequate space. Animals living in these circumstances which the law considers to be animal cruelty are rarely saved until the scale of suffering on a particular property becomes so great that neighbors make nuisance complaints about all the suffering and dying animals on the property. As a councilmember, Councilmember Nand explained she began to look at the budgetary impact and strain that uncontrolled backyard breeding inflicts on local animal welfare organizations like Progressive Animal Welfare Society of Snohomish County (PAWS) which operates a companion animal shelter in Lynnwood. These organizations are often tasked with rescuing these abused and medically fragile animals after dozens or even hundreds have been bred due to uncontrolled backyard breeding. That is why she proposed that Edmonds take action. Animals are paying the price for the cruelty that so often accompanies uncontrolled backyard breeding and taxpayers and society are paying a heavy burden to impound, spay and neuter, provide veterinary care, and try to adopt out millions of unwanted companion animals in shelters. Too often perfectly healthy animals are euthanized due to lack of space. The three species of companion animals most commonly surrendered to shelters in the United States are dogs, cats and rabbits. Councilmember Nand proposed updating the City code to reflect current attitudes toward animal welfare in the 21st century and ban the deliberate breeding of dogs, cats and rabbits for commercial purposes and also ban the sale of these companion animals. To address a few misconceptions about her proposal that she has heard, this would not ban people from choosing to breed their dogs, cats or rabbits and gifting or rehoming these animals to their friends, families, etc. with a rehoming fee. Her proposal contains specific carveouts for accidental litters and rehoming fees. This proposal is only targeting the commercial aspect of deliberately breeding animals for sale. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THE ORDINANCE ATTACHED AMENDING CHAPTER 5.05, ANIMAL CONTROL, TO BAN THE DELIBERATE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS FOR PROFIT IN EDMONDS, OPTION 1. Councilmember Eck expressed support for the motion, commenting this is definitely the right way for Edmonds to take a stance on this issue. Councilmember Paine referred to the last sentence in Section 5.05.134.B, “Violation of this subsection by any person or corporation shall be a civil violation, punishable by a fine of not more than two hundred fifty Edmonds City Council Draft Minutes July 23, 2024 Page 27 dollars ($250) per animal per day, and suggested deleting “not more than” so that the fine was $250 per animal per day. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO AMEND TO STRIKE “NOT MORE THAN” SO THE FINE IS $250. Councilmember Nand explained this provision was adapted from the City of Everett’s code. She had no problem with the amendment, envisioning it would provide future flexibility in developing tiered fines. She clarified this would not be a criminal charge, but a civilian fine imposed at the discretion of the animal control officer, a tool in the animal control officer’s toolkit when they encounter problematic behavior before it becomes a large scale animal hoarding situation. Councilmember Paine recognized there is similar language in Section 5.05.134.A, but supported retain the language “not more than $1000.” AMENDMENT CARRIED UNANIMOUSLY. Council President Olson thanked Councilmember Nand for this very well thought out, constructed and researched agenda item. The discussion between she and Councilmember Nand and members of the community on this subject have been helpful in raising awareness regarding the number of animals available for adoption and perhaps will encourage people to think twice before having a litter. However, she did not personally think this was the right approach. Pet owners get a break in the fee when licensing a spayed/neutered pet, and she suggested increasing the fee for a pet that is not spayed/neutered. Taking away the option of having pets for sale is a little heavy handed and Chapter 5.05 does limit the number of domestic pets to 5 and limits unweaned litters to 1. There are already limitations that prevent backyard breeding. Like any code, there needs to be an awareness that a problem is occurring. She appreciated the time to think about this subject and agreed there may be more than can be done, but did not personally feel this was the appropriate course of action and will continue to ruminate on the proper course of action and possibly share that in the future with Councilmember Nand if this ordinance does not pass. Councilmember Chen thanked Councilmember Nand for her research and developing this proposal. He asked how many backyard breeders had been identified within the City’s boundaries. Councilmember Nand answered because this activity is not regulated in Edmonds, no one is taking a count. She has seen breeders advertising dogs for sale with handmade on signs in the right-of-way as well as on Craigslist. She has documented that information but did not include it in the packet to avoid unintentionally exposing someone to harassment. In reference to Council President Olson’s comment, she pointed out proposed Section 5.05.134.A states if an animal is bred deliberately for the purpose of sale and the animal control officer choses to impose a fine, if the individual chooses to have their animal spayed or neutered, the fine could be cured. This entire legislation is pointed toward encouraging people to spay and neuter and not create excess animals to impose an additional burden on already strained animal welfare and rescue organizations. Councilmember Dotsch expressed appreciation for the information Councilmember Nand developed. She asked how time this would add to the animal control officer’s job and whether the officer has time to enforce it. She was concerned with adding to the animal control officers workload in view of the City’s budget issues. Councilmember Nand said when she reached out to Senior Animal Control Officer Gilginas, she originally suggested looking at Bothell’s code which limits production. There are different options; if a property is attracting the attention of the animal control officer, it’s not due to an oops litter that the owner is trying to rehome, but because the property is engaging in larger scale commercial breeding and attracting the attention of the animal control officer due to complaints from neighbors. She included an email from Officer Gilginas which included her recommendation regarding research and also mentioned that with the Edmonds City Council Draft Minutes July 23, 2024 Page 28 potential for increased density, the present code may be inadequate if a commercial breeding operation were set up. There was a large scale breeding operation on 196th in the past that was shut down. Councilmember Nand continued, although there is a perception that this behavior does not occur very often, people are always coming up with ways to exploit animals for profit. For example, a jurisdiction recently had to ban the commercial breeding of octopi. Having a law that says this activity is not permitted in Edmonds gives the animal control officer a tool in their toolkit when doing outreach and education. This is similar to the fireworks ban which was difficult to enforce until there was a fine. In looking at the budgetary aspect, once an operation is set up, typically when a backyard breeder gets over their head, dozens or hundreds of animals have been breed and it is the animal control officer’s duty to impound and transport animals to the City designated shelter, house, provide medical care, euthanize, etc. which has a much bigger budget impact to the City. There are few kill shelters in this area so animals could be at the shelter for a long time. This behavior places a great financial burden on society when it goes unchecked. Council President Olson referred to Section 5.05.128.B, animal cruelty, which states “an owner of an animal is guilty of animal cruelty if the owners knowingly, recklessly, or with criminal negligence, 1) fails to provide the animal with necessary food…. abandons the animal…”, She suggested adding B.3 under animal cruelty related to unethical serial breeding for profit that does not consider the health of the breeding animal. Instead of penalizing the breeder, this would get to the core of animal cruelty and not regulate whether people are breeding animals. Councilmember Nand responded given the City has a staff of two animal control officers for a city of 43,000, the amount of investigation inherent in determining whether a breeder has engaged in cruel or serial behavior might be too burdensome. It would be easier for the animal control officer to have a brightline rule allowing them to contact someone because breeding is not permitted in the City, giving them the power to impose a fine, and allowing the fine to be cured if the animal is spayed or neutered. She preferred to handle it that way versus attempting to create a new provision in animal cruelty laws which would bring people into the criminal justice system. Council President Olson expressed concern that the timeline to cure the fine also applied to the litter but spaying and neutering cannot occur until the animals are a certain age. She envisioned that timeline would be difficult to follow and implement. Councilmember Nand advised dogs typically cannot be spayed/neutered until they are six months old. The purpose of this provision is to deter the use of offspring for further breeding so she did not think a six month gap to have the animals spayed/neutered would be not too burdensome. The intent is to give the animal control officer a stick to stop commercial breeding before it spirals out of control which it frequently does for backyard breeders. MOTION CARRIED (4-3), COUNCILMEMBERS TIBBOTT AND DOTSCH AND COUNCIL PRESIDENT OLSON VOTING NO. 10. COUNCIL COMMENTS Councilmember Nand said she was honestly shocked and thanked the council for giving serious thought to her proposal. There were many great ideas and suggestions and if further amendments were necessary in the future, she was definitely open to collaboration. This is a gigantic step forward in terms of animal welfare and other jurisdictions, including Snohomish County, have expressed interest in this legislation. She thanked her fellow councilmembers, the administration, Officer Gilginas, PAWS and the local rescue community for their feedback and making a difference for vulnerable animals that cannot speak for themselves. Councilmember Paine commented tonight was an interesting, long meeting, the council started at 5:30. She commented on the dinner meeting with the Shoreline City Council that included an opportunity to talk Edmonds City Council Draft Minutes July 23, 2024 Page 29 about things that are shared by the communities. She thanked staff for make that meeting happen and was hopeful Edmonds could host next time. Council President Olson congratulated Councilmember Tibbott for earning the Association of Washington Cities’ Certificate of Municipal Leadership. The time investment in training is a benefit to the City and helps him be more knowledgeable and capable in his role as a councilmember. Councilmember Tibbott works a full-time job in addition to being a councilmember and found the time to earn this prestigious certificate. Councilmember Tibbott thanked Council President Olson for the recognition. He encouraged councilmembers to take advantage of the certificates from Municipal Leadership through AWC. There are hundreds of ways to build one’s knowledge base and is a worthwhile pursuit. He reported on this weekend’s amazing Sketcher Fest at the Edmonds Waterfront Center that drew artists from all over the world and included booths from Europe and South America. He had an opportunity to staff a booth promoting the Creative Arts District; one in five who stopped by were from Edmonds, the rest were from other cities and countries. Sketcher Fest was an opportunity to showcase the Edmonds Waterfront Center on beautiful 75 degree day. He plans to participate in Sketcher Fest next year. Councilmember Chen commented Edmonds residents are blessed to live in a community where art and activities take place in the summer months. He reminded of the Dragon Boat Festival at the Waterfront Center on August 1st from 4-7 pm. The event will include dragon boats, line dancing and other cultural activities for families to enjoy. Councilmember Eck, liaison to the Economic Development Commission (EDC), reported the EDC held their meeting at the Neighborhood City Hall last week and she hoped they would do that again. The EDC also held a joint meeting with the planning board recently and she hoped they would do that again as boards and commissions have many issues in common and there is room for cross pollination and idea sharing. 11. MAYOR'S COMMENTS Mayor Rosen reminded there is no council meeting next week. ADJOURNMENT With no further business, the council meeting was adjourned at 10:24 pm.