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2024-10-08 Council MinutesEDMONDS CITY COUNCIL MEETING APPROVED MINUTES October 8, 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 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Kim Dunscombe, Acting Finance Director Angie Feser, Parks, Rec., & Human Serv. Dir. Shane Hope, Acting Planning & Dev. Dir. Shannon Burley, Deputy Parks, Rec., & Human Serv. Dir. Leif Bjorback, Building Official Tristan Sewell, Planner Jeff Taraday, City Attorney Nick Falk, Deputy City Clerk Jerrie Bevington, Camera Operator 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 Chen read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL Deputy City Clerk Nicolas Falk called the roll. All elected officials were present. 4. PRESENTATIONS 1. BREAST CANCER AWARENESS PROCLAMATION Mayor Rosen read a proclamation proclaiming October as Breast Cancer Awareness Month to honor those who have lost their lives to breast cancer, recognize the courageous women and men who are living with this disease, and celebrate breast cancer survivors. Aubrey Zoli accepted the proclamation on behalf of the American Cancer Society and the millions of constituents they represent across the country. She thanked the mayor and council for having them here. 2. MAYOR'S FINANCE UPDATE Edmonds City Council Approved Minutes October 8, 2024 Page 1 Mayor Rosen advised the council will receive a lot of financial information during tonight's meeting. 5. APPROVAL OF AGENDA COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND TO REMOVE BUSINESS ITEM 10.2 REGARDING A PUBLIC HEARING ON INITIATIVE 2117. Councilmember Tibbott recognized there is a lot of community interest on this topic and people are interested in learning more about it and voice their opinions, but there also seems to be a lot of confusion on this topic. For example, the council received an email asking them vote to no on I-2117, which clearly is not what the public hearing is about. The council has also received comments regarding the political nature of holding a public hearing on a state initiative. It is obvious the political overtones would be counterproductive at this point and the council could avoid confusion by not holding a public hearing. Despite the interest, it would be better to hold a public forum outside a council meeting where the topic could be explored with input by experts and those in attendance. There are no plans for a presentation regarding this topic with facts and data on either side of the issue. He pledged to bring together community leaders to hold a forum and urged councilmembers to support the motion to remove the public hearing and encourage a public forum to further explore this topic as it properly deserves. Councilmember Paine said she would be unable to support the motion. This matter is before the public in next month's election and it is not unusual for city councils to participate in showing support for one side or another, particularly when there are direct impacts the city. Other communities who have supported a similar a resolution include Lake Forest Park, Kenmore, Bothell, and Shoreline. She urged councilmembers to retain the public hearing on the agenda to hear from community members. Councilmember Dotsch relayed her support for the motion. The results of what will happen specifically in Edmonds if this initiative passes or fails have not been evaluated. None of the councilmembers are experts and the council has not had a comprehensive presentation before holding a public hearing and attempting to reach a decision tonight from the dais. Constituents have every right to voice their support or opposition to this initiative as do individual councilmembers, but it is not good governance to do this haphazardly and out of sequence with usual and customary procedures. The time legal counsel charges and the cost of staff time to support a public hearing on one of four citizen initiatives on the ballot is not a wise use of the precious time and money the City is struggling with. Much information for or against this initiative is available to the public and the specific impacts to Edmonds would require additional staff time to wade through the details and require an enormous lift in a short amount of time as ballots drop next week. Spending precious city resources and time to hold the public hearing when the City is facing insolvency and drastic cuts unrelated to this initiative is not good governance. She supported removing this item from the agenda. Councilmember Chen relayed although he supports voting no on I-2117, he did not think a council meeting was the right place or venue for this type of discussion. There are four initiatives in the voters' pamphlet 2066, 2109, 2117 and 2124. Singling out one state initiative for the local government to discuss is not appropriate. The City is on the edge of bankruptcy, a word he does not like to use; the proposed budget indicates the General Fund is heading into the negative by 2027. The council needs to use its precious time and limited resources to solve its own problems Councilmember Eck said she was unable to support the amendment. This is a state issue as well as a local issue and it relates to the effects of climate change on Edmonds as well as funding. She respectfully Edmonds City Council Approved Minutes October 8, 2024 Page 2 disagreed with the comments that this was not a local issue and requested councilmembers look at the bigger picture. Passage of I-2117 will hurt Edmonds in the future; these are very important issues that the public should have a say on and the point of having a public hearing is an opportunity for the council to hear from the public. People can respectfully disagree and there has been a great exchange of opinions via email over the last few days. She thanked audience members for attending and for being willing to express their voice. Council President Olson pointed out this initiative was singled out due to the local impact. She agreed wholeheartedly with those who have said the council should not take a position on state initiatives but for the local impact. The Highway 99 projects are on the CCA project list. Councilmembers making a statement about what is in the best interest of the City on issues that impact the City is absolutely within the realm of their responsibility which is why she put this on the agenda and will support keeping it on the agenda. She thanked Councilmember Tibbott for his offer to host a forum, agreeing that would have been another great way to approach it and would still be a great conversation to have in the greater community. Councilmember Paine commented is the one initiative on the November ballot that has direct, immediate impacts in Edmonds. Along with the Highway 99 projects, there is funding for student transit passes, salmon passage, and other aspects related to salmon recovery through the lens of transportation. The Climate Commitment Act is a major act that supports funding for transportation, Department of Ecology, and seven other agencies. It is an important issue to discuss and has very deep relevance in Edmonds. UPON ROLL CALL, AMENDMENT TIED 3-3-1, COUNCILMEMBERS CHEN, TIBBOTT AND DOTSCH VOTING YES; COUNCILMEMBERS ECK AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES; AND COUNCILMEMBER NAND ABSTAINING. City Attorney Jeff Taraday advised Mayor Rosen can vote to break the tie, but is not obligated to. MAYOR ROSEN VOTED NO AND THE AMENDMENT FAILED 3-4-1. A MOTION WAS MADE BY COUNCIL PRESIDENT OLSON AND SECONDED TO AMEND THE AGENDA TO ADD AN EXECUTIVE SESSION REGARDING PENDING LITIGATION AT THE END OF THE MEETING AS ITEM 11 AND MOVING ITEMS 11 AND 12 TO 12 TO 13. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Ken Reidy, Edmonds, referred to a blue sign in Civic Park that makes several false representations. The sign claims ECC 5.32 prohibits soliciting, models, drones or rockets; ECC 5.32 addresses none of these items. The signs claims ECC 5.32 prohibits feeding wildlife; this is not true as that code only applies to city beaches. He requested the city code be updated as needed and ensure signs placed in parks are consistent with city code. If the council has time for optional public hearings, he suggested they consider the numerous ECC code issues. The city council is elected to make city policy. On March 26, 2024, the council adopted new rules of procedure for how items are added to council agendas; an item may be added by one of the following methods, 1) a majority vote or consensus of the council, 2) by the council president or council president pro tern when acting in the absence of the council president. In light of the I-2117 item on tonight's agenda, he encouraged council to end the council president's ability to add an item to the agenda on their own. Mr. Reidy continued, furthermore, tonight's agenda is confusing; a quick glance at the agenda shows only one item under the Item 9, Public Hearing, but there is a second public hearing under Item 10, Council Business. RCW 42.17A.555 states a local government legislative body may vote on a motion or resolution Edmonds City Council Approved Minutes October 8, 2024 Page 3 to express support or opposition to a ballot proposition if the following procedural steps are first taken: 1) the notice for the meeting must include the title and number of the ballot proposition, and 2) members of the legislative body or members of the public must be allowed an approximately equal opportunity to express an opposing view. He questioned how members of the public were to prepare an opposing view if they did not know what council's view was. He watched a Kirkland's meeting yesterday; their packet included a proposed resolution opposing I-2117 so their citizens knew the council's views. He questioned wasting precious time and limited resources on unnecessary actions and urged the council to stop burdening the public with this type of conduct at a time there is so much important city business to work on. Bill Krepick, Woodway, thanked the council for avoiding a discussion on the state initiative; the council has limited time to spend on things like that and should focus on the question of insolvency in the city's budget in 2027. He referenced his emails to council about conversations he has had with the RFA which indicate they are not answering many of his questions which means they are not answering the community's questions. His questions are related to the difference in the price of services and the cost of services. He was dismayed the RFA continues to talk about a $19 million price for their services in 2026 and will not divulge the actual cost to provide those services. The city currently pays approximately $11.5 million and no additional services will be offered in 2026 which raises the question of why the price goes from $11.5 million to $19 million. He asked who was negotiating the RFA contract, who represented Edmonds, their qualifications and background, and whether they had a lot of negotiating experience. If there hasn't been any progress since negotiations started 2-3 months ago, he questioned why the city continued to keep the RFA as their "preferred" provider of services and why the city was no evaluating returning to a city -owned fire department. He referred to a video on the RFA's website that promotes 12 firefighter/EMT responding to a simple cardiac arrest and questioned how a well -run organization could waste that kind of manpower. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES SEPTEMBER 24, 2024 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES SEPTEMBER 24, 2024 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 9. PUBLIC HEARING 1. GREEN BUILDING INCENTIVES CODE AMENDMENTS PUBLIC HEARING Planning & Development Director Shane Hope provided an introduction, advising the presentation would be fairly brief, but outline the proposal for the public. Planner Tristan Sewell reviewed: • Brief Summary o Buildings emit most of Edmonds' local climate pollution. Residences emit over a third o Encouraging development with reduced environmental impacts via optional permit review and land use incentives o Proposed incentives expand upon underutilized existing examples o Learn how to expand and adapt to more contexts, zones, etc. o Planning Board and Climate Protection Committee recommend Edmonds City Council Approved Minutes October 8, 2024 Page 4 Policy Context 0 2020 Comprehensive Plan Climate Change Element ■ B.1: City takes lead reducing Edmonds' GHG emissions ■ E.2: Programs and incentives for (re)development to reduce GHG emissions 0 2023 Climate Action Plan ■ Climate neutrality by 2050 ■ Action BE-2.2: Develop and implement a green building incentives program Program Objectives o Valuable ■ Desirable to homeowners and developers, motivating the environmental outcomes ■ Greater incentives in exchange for `greener' certification o Simple ■ Expand upon code precedent ■ Use industry standards to avoid creating unique criteria ■ Minimize impacts on City staff Possible Incentives o Expedited plan review — time is money o Reduced permitting fees — direct financial incentive o Additional building height — enables greater efficiency o Reduced setbacks — onsite location flexibility o Increased lot coverage — more developable lot area o Increased density — number of units, floor area ratio o Reduced off-street parking — specific needs vs. one -size -fits -most Program Development o Researched regional and national examples o Learned from peers and neighbors o Master Builders of King and Snohomish Counties (MBAKS) o Planning Board o Mayor's Climate Protection Committee o Public forum seeking input from both industry reps and public Building Inspector Lief Bjorback reviewed: • Construction Standards (Established Certifications) o Single -Family Residential: Built Green 4- o Star o Commercial, Multifamily, and Mixed Use: LEED Gold or Built Green 4-Star Multifamily JL Points Categories o Built Green ■ Site and Water ■ Energy Efficiency ■ Health and Indoor Air Quality ■ Materials Efficiency 1-1 Point -based, not prescriptive Updated in response to market and regulation Widely used and recognized Third -party verified Built Green 3-Star benchmarked on 20% better than State energy code Edmonds City Council Approved Minutes October 8, 2024 Page 5 ■ Equity and Social Justice ■ Operation, Maintenance, and Homeowner Education ■ Built Green Brand Promotion o LEED ■ Integrative Process ■ Location and Transportation ■ Sustainable Sites ■ Water Efficiency ■ Energy and Atmosphere ■ Materials and Resources ■ Indoor Environmental Quality ■ Innovation ■ Regional Priority What Green Building Can Look Like o Encouraging active transportation o Responsible materials sourcing o Functional landscaping o Efficient fixtures and appliances o Efficient building envelopes o Interstitial space i si V_ �.a o Compliance with the energy code will often necessitate additional height to accommodate building components such as deeper roof or attic insulation or ductwork within the thermal envelope of the structure. o Gaining additional height as a green building incentive can benefit the builder in meeting building code requirements. In other cases, allowing an extra few feet in height might allow for higher ceilings or possibly an extra floor level in the structure depending on construction type, site topography, etc. Mr. Sewell reviewed: Important Notes on Land Use Incentives o Incentives never supersede environmental regulations. o Onsite or financial realities may limit utilization of incentives. o Not all project may choose to use full extent of incentives. o Possible limiting regulatory factors: ■ Critical areas ■ Building and Fire codes ■ Stormwater ■ Design review, including landscaping ■ Street frontage improvements and right-of-way access ■ Shoreline Master Program Example: RS-8 lot Edmonds City Council Approved Minutes October 8, 2024 Page 6 o Standard lot - 70' wide, 8,000 sq. ft. o Most common zone 15' DADU: 5' 24' DADU: 10' o Built Green 5-Star RS-6 setbacks in green Standard: 15' Setbacks indicated Standard in orange, incentive in green Highly idealized scenario, not reality Development Maximum o Max. 35% coverage — 2,800 sf 0 1,300 sf primary dwelling footprint, <2,600 sf home o Two 1,000 sf DADUs ■ 500 sf footprint 2-story ■ 1,000 sf footprint 1-story o No other buildings (shed, garage, etc.) o Orientations are somewhat arbitrary o All footprints 30' wide for 4-in-12 rooves 0 3 required parking spaces shown outdoors • RS-8 Setback Incentives Existing Code/Built Green 4-Star r 20 8,000 sf lot 5, 7.5' 13 Built Green 5-Star or Better Mr. Bjorback reviewed: • Proposed Enforcement Measures o Certification required prior to issuance of Certificate of Occupancy o Failure to achieve certification will require posting a 2-year performance bond. Bond amount is based on: ■ Expedited permit review bond valued at 50% of building permit fee ■ Land use incentive bond valued at 5% of the project valuation ■ Bonds released upon approval of certification o Failure to certify within 2 years surrenders the bonds as a penalty. ■ Expedited permit review bond processed as permit fee revenue ■ Land use incentive bond goes to the City's general fund • Enforcement Examples (Monetary penalties for failure to achieve certification) o Bond amounts based on scale of project ■ 3,000 sf new house $27,908 ■ 10,000 sf commercial mixed use $79,750 ■ 100,000 sf commercial mixed use $777,225 Edmonds City Council Approved Minutes October 8, 2024 Page 7 Staff Recommendation o Incentivize green building in pursuit of climate neutrality by 2050 by: ■ Leveraging well -established certification programs ■ Reducing permit review timeline 50% for certified projects ■ Granting site development standard incentives ■ Prioritizing each zone's primary intended land use ■ Providing deeper incentives for higher levels of certification ■ Limiting scope of eligible projects to certain zones and land uses ■ Enforcing follow-through via performance bonds o Supported by Planning Board and Mayor's Climate Protection Committee Next Steps o Complete public hearing tonight o Staff to draft enforcement code — Chapter 19.00 ECDC o Council Committee reviews details: October 15 o Council Action: Late October 2024 A. Approve Green Building Program B. Approve Modified Green Building Program C. No action now Mayor Rosen opened the public hearing. Georgina Armstrong, Edmonds, commented while she lauds the city for supporting green construction, she wanted to ensure trees were also considered when approving these code amendments, most especially the recommendations made by consultants hired by the city for significant fees. As tree canopy is the measurement for the area covered by trees rather than the number of trees, it is important that enough space in the setback be allowed for the width of a tree at maturity. In 2020, the city commissioned a tree canopy assessment which found Edmonds had 34.6% tree canopy. The assessment states, "Key findings from this report indicate that due to tree canopy gains offsetting canopy losses in the City of Edmonds, if current trends persist, then Edmonds' total amount of tree canopy will likely remain unchanged." The city has gone on record to say it supports expanding the city's tree canopy and that objective is reflected in the city's climate action plan under environmental segment 1.1, "adopt a tree canopy coverage target for the city." New construction accounts for significant tree loss. By state law, the city will be required to have a resilient sub -element in its climate plans by 2029. Large buildings create heat islands as well as stormwater runoff impacts, both of which can be more adequately addressed by ensuring enough trees are planted on lots when new construction occurs. Ms. Armstrong continued, trees not only provide important shade for the hot weather projected for the Pacific NW, but also take pollutants out of stormwater runoff and help control or prevent flooding. This is addressed on page 10 of the city's tree canopy assessment which has a section titled, "Heat island, runoff and equity" which cautions about excess deaths in the coming decades from heat and flooding and that Edmonds must become more sustainable by focusing on areas that will struggle to combat rising temperatures and surface runoff. According to the tree canopy assessment which covered 2015 — 2020, "The largest tree losses were in response to new construction. Natural growth can provide gains in areas with robust canopy but in areas with low canopy such as new developments, tree plantings are an important part of a long term plan to increase tree canopy. Where trees are removed from a lot to make way for construction, enough room should be considered for including trees of a meaningful height and width in order to provide highly adequate rather than insignificant canopy coverage." She hoped these points would be considered when planning for setbacks in the green building incentive code amendments. Pam Tauer, Edmonds, representing the Mayor's Climate Protection Committee, said the mission of the CPC is to advise the mayor on actions to reduce Edmonds' impact on climate change and increase Edmonds City Council Approved Minutes October 8, 2024 Page 8 Edmonds' resilience to climate hazards. As part of that mission, the CPC wishes to state they are supportive of the proposed building code amendments to incentivize green building practices in Edmonds. This proposal is one of the actions cited in the city's climate action plan, B.E.2.2, create and implement a green building incentive program. The proposed changes to city code are not a mandate, they do not require developers or residents to adopt green building practices, but create meaningful incentives to do so. Energy used for heating and cooling in residential buildings is a major source of greenhouse gas emissions in Edmonds. Encouraging the adoption of more energy efficient standards will help lower future contributions to human -caused climate change. Green building standards tend to incur more upfront costs so it makes sense to incentivize property owners and developers to incur those cost to obtain the long-term benefits they offer including lower total cost of ownership over the lifetime of these buildings resulting from reduced energy consumption. The decision to link Edmonds' code to established standards like LEED Gold and Built Green is a wise move and ensures these incentives will stay current with the state of the art green building practices without burdening city staff with inspections and keeping up to date on those advances. She summarized the CPC believes the proposed incentives represent a meaningful step to limit Edmonds' impact on the climate while balancing the burden on the city and its residents and urges the council to approve this proposal. Janelle Cass, Edmonds, urged the council to postpone a decision on building incentives until at least a year after the comprehensive plan has been finalized and implementation is fully understood. The ink on the draft EIS is barely dry, people are still trying to digest all the information and she anticipated there would be a lot of changes. Introducing new building incentives at this stage would add significant variables that deserve their own comprehensive environmental review. As another speaker mentioned, there is competing interest between reduced setbacks and space for trees. The tree board just distributed about 100 trees and she wanted room for them to grow. It is important to remember just because something is labeled green, it doesn't automatically mean it would have a net positive effect on the environment. For example, meeting certain Built Green or LEED criteria could come at the cost of green space and trees, critical elements to the city's ecosystem. The council needs to be thoughtful and cautious about the tradeoff being made under the guise of sustainability. Additionally, the capacity of planning staff should be considered as a key factor going forward. Allowing projects that meet green building criteria to jump to the front of the permitting line would likely delay other important projects, potentially some from smaller developers or homeowners that don't have the capital it takes to build LEED or Built Green. She pointed out 10% of the $9 million cost of the Port building was required to meet the LEED Silver standard, evidence it takes a significant amount of money to meet the criteria of these programs. There could also be unintended consequences and strain on the permitting staff. For these reasons, she believed it would be prudent to hold off implementing any new green building incentives until the comprehensive plan was finalized and there was a clear picture of what the full environmental impacts would be. Judy Cooper, Edmonds, relayed in her experience as a manufacturing owner of architectural metal in Seattle for about 25 years as well as a homeowner, all the continued incentives that government offers and says it will make things greener, greener adds to the cost of manufacturing, construction, renovation, etc. She referred to California as an example of what happens when they required everyone to go green. The average cost to add to housing in California is between $40,000 - $75,000 per unit. She was unsure how much the criteria will add to the cost of a single family dwelling in Edmonds, but questioned having buildings 10 feet apart and having Edmonds look like Ballard. The incentives are pushing to get more people closer to each other which creates its own problems. She hoped the council would postpone implementation of these rules until next year, after they get the budget in hand and know what can be spent and what the staffing levels will be to implement any changes. Sam [no last name given], Edmonds, said he found very challenging in the presentation a few weeks ago as well as tonight's presentation to identify the purpose of the incentives. For example, it wasn't clear how the greater setbacks facilitate any reduction in greenhouse gas emissions as it was his understanding bigger Edmonds City Council Approved Minutes October 8, 2024 Page 9 buildings create more emissions, or to what extent the extra height allotments were necessary. The illustrations did not show how 5-feet was determined or whether that was necessary or sufficient. The same was true with extra density and other incentives; he found a general lack of illustration for how they reduce greenhouse gas emissions. He supported having new construction built as efficiently as possible and ideally relying on power sources that can be generated from renewable energy. If the city is serious about influencing greenhouse gas emissions from houses, changes that support that should be included in the building standards in general. As someone pointed out, some of the incentives in the green building proposal seem to conflict with part of the DEIS and upcoming comprehensive plan changes which have not yet been reviewed by the council. He summarized with so many changes coming in the comprehensive plan, he suggested punting this proposal until after the impacts of the comprehensive plan have fully emerged. The comprehensive plan is supposed to be done in a few months so in the grand scheme, delaying a decision on green building incentives for a couple months will probably not impact the total number of eco-friendly buildings constructed over the next 10-30 years. With no further public testimony, Mayor Rosen closed the public hearing. Council President Olson advised this conversation will continue at next week's committee meeting. If councilmembers have questions for staff, this would be a good time to ask, otherwise it would be best to delay discussion to future meetings. Councilmember Dotsch commented there are a lot of pictures in the presentation, adding 5 feet to heights, potentially 10 feet with a sloped roof or possibly add even more if the building is on a slope. Green incentive programs have had a lot of impacts in other cities such as Shoreline which is more urban in nature. Often properties are purchased by developers anticipating a third floor which these incentives would allow, something many Edmonds residents have indicated they are not interested in allowing. The incentives also impact multifamily and commercial buildings, less parking, more lot coverage, less setbacks, all the things that are happening in other cities. She felt this program could be made to fit Edmonds better and it would be wonderful to have input from the community. She encouraged the public to review the photographs and materials in the packet. Councilmember Nand relayed her understanding the comprehensive plan doesn't contain code, it is a policy document so she did not see the inherent conflict between the green built program and the comprehensive plan. However, she recalled from Acting Planning Manager Mike Clugston's presentation at a previous council meeting, under state law the city will have to offer expedited permitting review and the green built program would be one way to meet that requirement. Mr. Sewell answered the information and public hearing where Mr. Clugston presented was only related to land use permits such subdivisions, conditional use permits, variances, etc.; these incentives would expedite building permits which are separate from land use permit. 10. COUNCIL BUSINESS 2025-2026 BUDGET PRESENTATIONS: ADMINISTRATIVE SERVICES AND P REC & HUMAN SVCS Mayor Rosen described the proposed process: staff will make a presentation followed by one round of council questions with the question and answer limited to three minutes and the expectation councilmembers will be submitting questions to staff for response. Acting Finance Director Kim Dunscombe apologized and acknowledged the lack of detailed information in the org charts and FTE tables in the 2025-2026 proposed budget. The administration is drafting the first query to provide that crucial information. Additionally, department directors will provided detailed information on proposed affected positions in their presentations. She reviewed: Edmonds City Council Approved Minutes October 8, 2024 Page 10 City_ Council • Role of the department o Governmental Affairs & Regional Issues o Legislative & Budget Oversight o Communications & Community Engagement o Establish Law & Policy o Council Administration 2025 and 2026 Proposed Budget S Change $ Change S Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 212,765 253,724 254,710 253,770 270,015 (940) 46 16,245 Overtime 826 - - - - N/A N/A N/A Benefits 99,731 106,715 120,660 131,722 135,028 11,062 25,007 3,306 Supplies 1,631 1,462 1,000 1,000 1,000 - (462) - Minor Equipment 470 - - - - N/A N/A N/A Professional Services 154 49,500 49,500 5,000 5,000 (44,500) (44,500) - Communications 7,489 7,500 7,050 7,500 7,500 450 - - Travel 2,676 Soo 300 Soo 500 200 - - Rental/Lease 514 490 468 490 490 22 - - InterfundRental 75,608 43,535 43,535 50,415 50,415 6,880 6,880 - Repair/Maintenance - 500 240 500 500 260 - - Miscellaneous 5,637 5,360 5,360 3,400 3,600 (1,960) (1,960) 200 Council Contingency 797 10,000 - 10,000 10,000 10,000 - - Lease Payment 342 - - - - N/A N/A N/A Interest Lease Paymen 7 N/A N/A N/A 408,647 479,286 432,823 464,297 484,048 (18,526) (14,989) 29,751 Budget Cut Impacts 0 3.8% assumed salary increase 0 2025 Furlough for contract employee o $10,000 contingency spending reintroduced The Salary Commission sets salaries and benefits for city council and mayor and last fall concluded effective January 1, 2025 that the salary of each council person shall be increased by the same percentage that is adjusted for all other City of Edmonds non -represented positions. HR has provided guidance that city council and mayor cannot be furloughed. Mayor's Office • Role of the Department o Governmental Affairs & Regional Issues o Communications & Community Engagement o Council Legislative Support o City Policy Development o Community Investment o Boards / Commissions / Committees • 2025-2026 Proposed Budget Edmonds City Council Approved Minutes October 8, 2024 Page 11 $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 249,642 302,809 284,807 284,634 303,424 (173) (18,175) 18,790 Benefits 83,420 96,402 70,500 72,679 77,027 2,179 (23,723) 4,348 Supplies 1,261 1,097 1,050 1,100 1,100 50 3 IAInor Equipment 683 - - - - N/A N/A N/A Professional Services 8,622 51,500 75,000 75,000 75,000 - 23,500 - Communications 1,671 1,400 1,400 1,400 1,400 - Travel 2,072 2,010 Soo 6,000 1,000 5,500 3,990 (5,000) Rental/Lease (1,281) 2,000 2,300 - (2,300) (2,000) N/A Interfund Rental 16,814 30,320 30,320 37,122 37,122 6,802 6,802 - fAscellaneous 4,038 3,337 2,260 5,000 5,000 2,740 1,663 - LeasePayment 2,995 - - - - N/A N/A N/A Lease Interest 73 - - - - N/A N/A N/A Equipment 1,937 N/A N/A N/A 371,947 490,875 468,137 482,935 501,073 14,798 (7,940) 18,138 0 3.8% assumed salary increase o No funding is available for temporary coverage when the staffed executive assistant is on accrued leave. o $75,000 misc professional services Budget cut impacts o Furlough of non -represented staff results in 96 hours of lost time ■ Decrease in available hours directly impacts the office's ability to manage essential tasks such as scheduling, correspondence and day-to-day coordination resulting in slower responses and reduced efficiencies. Loss of the temporary position results eliminates critical backup support and leaves a gap in handling overflow tasks and time sensitive initiatives. City Attorney e 2025-2026 Proposed Budget o The city contracts legal services with Lighthouse o Contract states a 3-year rolling average which was 6.2% in 2025 $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget DUDWM Actuab Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget ProfSety-atyAtty 676,037 837,420 837,420 889,340 956,041 51,920 51,920 66,701 Prof SL4v. We Legal 5,000 5,000 5,310 5,708 310 310 398 Prof Serv-Prosecutor 313,026 319,360 319,360 339,160 364,597 19,800 19,800 25,437 989,063 1,161,780 1,161,780 1,233,810 1,326,346 72,030 72,030 92,536 Finance Department e Role of the Department o Budget / CIP Development o Financial Reporting, Analysis, and Long -Range Planning o Accounts Payable / Accounts Receivable / Billing o Business License Administration o Financial Statements, Month -end Close and GL o Payroll and Benefits Administration o City Hall Reception e 2025-2026 Proposed Budget Edmonds City Council Approved Minutes October 8, 2024 Page 12 $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 852,810 1,637,013 1,541,352 1,284,126 1,350,261 (257,226) (352,887) 66,135 Overtime 6,134 4,500 - 8,000 8,000 8,000 3,500 - Benefits 239,703 451,690 423,997 430,593 456,317 6,596 (21,097) 25,724 Supplies 2,967 6,615 6,615 6,300 6,300 (315) (315) - Minor Equipment 1,324 2,650 N/A (2,650) N/A Professional Services (80,530) 9,300 69,300 2,200 2,200 (67,100) (7,100) Communications 14,535 2,000 2,000 2,400 2,400 400 400 Travel 1,109 4,200 - 500 S00 500 (3,700) Rental/Lease 14,544 3,300 2,000 14,000 14,000 12,000 10,700 Interfund Rental 84,701 165,713 165,713 107,425 107,425 (58,288) (58,288) Repair/Maintenance 55,955 44,810 44,810 - - (44,810) (44,810) N/A Miscellaneous 10,766 6,750 3,625 3,500 3,500 (125) (3,250) Lease Payment 14,495 - - - - N/A N/A N/A Machinery/Equipment - - - - - N/A N/A N/A 1,218,513 2,338,541 2,259,412 1,859,044 1,950,903 (400,368) (479,497) 91,859 0 3.8% assumed salary increase o ARPA related professional services spending was reduced o Repair / Maintenance of ERP system will be included in Interfund Rental rate going forward. Budget Cut Impacts o Furlough of non -represented staff results in 96 hours of lost time o No funding for the Deputy Director of Administrative Services ■ Deputy Director position touches all of department's programs. ■ Burden of preparing, reviewing and submitting monthly reports will fall on existing staff who already have full workloads. ■ Developing a robust plan for employee coverage is a crucial initiative to ensure continuity and efficiency of the Finance Department. This position has typically led that effort and progress will be hindered in this new org structure o No funding for the Senior Office Assistant ■ Business license management has been combined with City Hall reception FINANCE ORG CHART is ,.naw I ae=�e I I aN aak I xw�ntant sda- oi.,�w ) ,spmwin N s �mM I o,ary ah a, K • There will be months in 2025 where staff swo. as awvu sa:a A- sp." will require a grace period with meeting Monthly Financial Reports°�i"=' • Request Council approval to submit regular Financial Statements instead of an ACFR for 2024, allowing staff to meet deadlines with available resources s.nK.aAa 5,-1. • Without filling the Deputy Director position, staff capacity will be limited to PubkR ,6 take on financial projects °f"' City Clerk's Office a,aK RKord, Asp - Edmonds City Council Approved Minutes October 8, 2024 Page 13 • Role of the Department (2 FTEs) o Administers 6 Program Areas o All required by either Local Ordinance or State Law • Program: Administration (.20 FTE) o Includes day-to-day operations such as purchasing, timesheets, budget development and oversight, emergency preparation & response, internal & external communications, liquor/cannabis license support, business license, parking, and special event permit support, claims, lawsuits. • Program: Administration (.20 FTE) o Edmonds City Code (ECC) o Revised Code of Washington (RCW) o City Code and state law mandate the city clerk to perform an array of duties and tasks on behalf of the city. • Program: Boards, Committees & Commissions (.20 FTE) o Records management of BCC agendas, packets, minutes, membership, and oversight guidance. o RCW 42.56 Public Records Act, RCW 40.14 o RCW 42.30 Open Public Meetings Act • Program: Council Agendas & Meetings (.60 FTE) o Administration, agenda production, agenda review and long-term planning, meeting facilitation AND RECORDING, minutes, legislative history. o RCW 42.56 Public Records Act, RCW 40.14 o RCW 42.30 Open Public Meetings Act • Program: Electronic Content Management (ECM) (.35 FTE) o Maintenance of Laserfiche system, microfilming and digitization, importing new record series, policies, training, new initiatives. o RCW 42.56 Public Records Act, RCW 40.14 • Program: Ordinances/Resolutions, and ECC/ECDC Maintenance (.25 FTE) o Maintenance of legislative history, including creation and review, amending and repealing documents, ongoing ECC/ECDC development, and significant department -led code changes. o RCW 42.56 Public Records Act, RCW 40.14 o RCW 35A.13.200 Authentication, Recording and Publication of Ordinances o RCW 5.44.080 City or Town Ordinances as Evidence • Program: Records Management (.45 FTE) o Retention, storage, transfer, and destruction of Clerk's department paper records. o Assisting city departments with short and long-term storage of paper records. o RCW 42.56 Public Records Act, RCW 40.14 • Costs o Salaries & Benefits (2 FTEs) $336,857 (72%) o Other Expenses* $133,450 (28%) o TOTAL $470,307 *Facilitate administration of Clerk Programs. Professional services (codification/City Code web portal), Software as a Service (SAAS) (MinuteTraq, Laserfiche, DocuSign), recording & publication, citywide mail (postage & equipment) • Budget Cut Impacts o Elimination of professional services for council meeting minutes writing (-$22,000)* *If this cut is retained, clerk's office will produce action minutes for council meetings. o Non -Rep Furlough, 12 days (-$8,250) Councilmember Nand asked if elected officials cannot be furloughed, could the training budget be reduced for 2025 and 2026 to realize a cost savings. Ms. Dunscombe answered reducing the council's training budget could be done at council's discretion. Councilmember Nand relayed the council's training budget is Edmonds City Council Approved Minutes October 8, 2024 Page 14 $500 per councilmember and she was unsure if the mayor's office has a training budget; it seems if staff is tightening their belts via furloughs, reducing the training budget could demonstrate the council was also tightening their belts. Councilmember Dotsch commented with furloughs and workloads, similar to when someone goes on vacation, their work is waiting when they get back. She asked how the workload for people being furloughed would be addressed such as will there be cross training, etc. Ms. Dunscombe answered the departments will have to be very strategic with the way they build their backup plan so there is some redundancy among staff to back each other up during absences. That conversation has occurred with regard to furloughing department directors whose work continues and is picked up where it left off when they return. The directors are supportive of the decision in view of the City's financial situation and are willing to make that sacrifice. If furloughs are approved, the total savings is approximately $400,000, a significant savings in the proposed budget. The departments will have to work hard given the impact of losing those hours on their workload. She envisioned the planning department will have the harder time accommodating the furloughs. With regard to the budget for training, Council President Olson relayed the council is at $3,400 total for miscellaneous which includes the entire training budget, retreats, and events. Councilmember Tibbott asked about consequences of furloughing or reduced staff that the public and/or council should know about in addition to it taking longer to get something done or for a decision to be made. Ms. Dunscombe answered staff will have to be thoughtful about the work that gets done in 2025 and 2026 given the loss of those hours and ensure the priority list matches the loss of those hours. Councilmember Tibbott asked if she had any suggestions to assist with that process. Ms. Dunscombe answered the retreat will be pivotal in ensuring the workplan accommodates for those lost hours. Councilmember Tibbott said he looked forward to that, envisioning it will be a great opportunity to coordinate with council. Ms. Dunscombe clarified furloughs are only budgeted in 2025. Councilmember Chen asked about the proposal to borrow funds from the enterprise funds, $7.5M in 2025 and $5M in 2026. Mayor Rosen requested councilmembers' questions relate to this department's budget. Councilmember Chen commented that proposal impacts all the departments. Mayor Rosen clarified each department is scheduled to present their budgets and the impacts and councilmembers have the opportunity to ask questions related to that department. The council will have an opportunity for overall deliberation and conversation regarding the budget at future meetings. This is the opportunity for council to understand each department's budget. Councilmember Chen responded he was fine with discussing that during another setting, but it needed to be considered. Parks, Recreation & Human Services Parks, Recreation & Human Services Director Angie Feser introduced Deputy , Recreation & Human Services Director Shannon Burley. Ms. Feser reviewed: • Role of Department o Safety o Quality of Life o Investment o Livability o Economic Resilience 0 230 acres of parks and open spaces 0 47 parks 0 1 mile of Puget Sound shoreline o Citywide beautification and streetscapes o Recreation services Edmonds City Council Approved Minutes October 8, 2024 Page 15 ■ Classes, camps, leagues ■ Field and facility rentals ■ Special events o Human services o Cemetery services Department Priorities 0 2022 Parks, Recreation & Open Space (PROS) Plan o Safety and sanitation for public, staff and visitors o Preservation of natural and built assets o Cost recovery within department programs o Programs which provide more diverse and equitable participation opportunities Big changes o Priority based budgeting o Increase in revenue o Decrease in expenditures o Reduction in programs o Reduction in staff o Level of service reduction • Revenue Increases o All program fees: ■ 5% in 2025 ■ 3% in 2026 o Increasing cemetery fees by 20% o All transaction fees now paid by the consumer Expenditure Decreases 0 11% in park maintenance (-$373,000) 0 42% in Administration (-$323,449) 0 30% in recreation (-$679,000) 0 48% in human services (-$149,554) (general fund impact) o Parks, Recreation & Human Services use of the general fund decreased by 23% (-$1,525,000) What's New o A fresh take ■ Consolidate locations ■ All rec programs outsourced (contracted services) ■ No more internally run rec programs ■ Doing more with less ■ Inflation increase (utilities, IT, wages) ■ Cost recovery for rec programs (all are positive to the general fund) Consolidation & Efficiency o Reduction in administrative staff o All programming at the Frances Anderson Center; relocated from Waterfront Center o Eliminate programs that utilize city staff as instructors; use independent contractors o Special fund expenses re -allocated out of general fund ■ Cemetery paying a portion of GF salaries for Cemetery related work ■ Opioid Funding (Fund 018) supporting Human Services ■ Capital Project Manager salary covered by capital project expenditures o Fewer vehicles used by the department o Satellite Park Maintenance Shop vacated Budget Cut Impacts o Level of service reduction ■ Recreation programming Edmonds City Council Approved Minutes October 8, 2024 Page 16 ■ Beach Rangers ■ Environmental Education ■ Park Maintenance ■ 24 Department employees laid off (32 unfunded + 1 reduced position) Loss of Programs o Meadowdale Preschool (2024) (2 x .8 FTE's and 19 families) o Summer Day Camp (2024) (.25 FTE, 4 hourly positions and 135 families) o Gymnastics Program (.63 FTE, .5 FTE, 4 hourly positions) o Olympic Beach Visitor Center closed (2024) (approx. 6,000 visitors per year) o Environmental Education Program (2024) (.5 FTE, 1 hourly position) o Environmental Stewardship position reduced to .5 FTE and changed to PT Volunteer Coordinator o All recreation programs now at Frances Anderson Center o Student Conservation Association partnership Decreased Level of Service o Beach Ranger and Docent Program (2024) (6 hourly positions + volunteers) ■ Seeing an increase in unacceptable behavior on beaches related to marine wildlife and unleashed dogs o Administrative staff reduction (1 FTE, .5 FTE & 4 hourly positions) o Reduction of Parks Maintenance staff ■ 2 FTE 2025* and 3 Seasonals (2024) ■ Edging/weeding/vegetation management ■ Lawn mowing frequency ■ Less use of water / irrigation ■ Fewer repair projects ■ Longer response time to vandalism and graffiti ■ Deferred maintenance continues to be deferred 0 Organizational Chart Edmonds City Council Approved Minutes October 8, 2024 Page 17 Parks. Recreation, and Hui services Angie Feser Exec uti ve Assistant Parks Park Planner and Nlaintena nee Deputy pital Project Ca Manager Parks Director Mrna7ei. y Park Park Maintenance Recreation Human Services I Cemetery Maintenance Sexton Lead Worker Meehan¢ Supervisor Program Manager • Senior Parks Seasonal Staff Maintenance *Recreation *Contractors •Contractors Worker (6) Coordinator •Park f244(2.0) Maintenance ♦ Progra m 14orker 7) A -mil nl •Senior Office Specialist .Environmental Feld Arbonst Education & SuItainability Coordinator f S .Recreation Leader (.5) *Seasonal Staff ♦Volunteers ♦Contractors •PT Staff •Instructors *Contractors *Volunteers • 2024 Budget vs. 2025 Budget — position reduction M. ��`= Mid' MEMM 0 Froth Desk Receptionist .06 m Ranger Naturalist' .18 © Front Desk Receptionist .20 m Ranger Naturalist' .18 © Front Desk Receptionist •20 mi Ranger Naturalist' .18 Front Desk Receptionist .SO ® Ranger Naturalist' .18 © Program Assistant 1.0 ® Day Camp Asst. Discovery' .08 Youth Commission Coord.' .SO ® Rec. Leader Day Camp' .25 Rec. Coord. Gymnastics .632 Day Camp Assistant• .21 Rec. Leader Gymnastics SO G®Day Camp Assistant' 21 Gymnastics Assistant m' Gymnastics Assistant .42 m Day Camp Assistant' .21 mGymnastics Assistant .10 ® Day Camp Assistant' .21 ® Gymnastics Instructor •32 m Park Maintenance Worker 1.0 ® Rec. Leader Preschool' •44 m Park Maintenance Worker 1.0 mPreschool Assistant' .44 m Seasonal Maintenance LTE' .75 ® Interpretive Specialist' .SO ®Seasonal Maintenance LTE' .7S Ranger Naturalist' 18 ® Seasonal Parks Maintenance LTE' .7S mRanger Naturalist* 18 Environmental & Sustain Coci SO 'Laid off/nof hired in 1014 Total: 12.8S "Reduced to .SO FTF from 1.0 o Furloughing 4 staff members equates to 480 hours or approximately .25 FTE Councilmember Nand commented the impact to the department is tragic for the City and she thanked staff for making those hard decision. She inquired about the use of the opioid funding and whether there are restrictions related to using it for salaries. Ms. Burley answered staff learned through this process to be very careful about putting ongoing funding into programs that may not have ongoing revenue streams. The Edmonds City Council Approved Minutes October 8, 2024 Page 18 proposed budget suggests an allocation of $50,000 to support the overall budget for human services. Everything but one person in human services was cut from the general fund. Staff is seeking funding outside the general fund for things such as urgent need kits which are utilized to make a connection with individuals to establish a conversations. Staff hopes to establish programs through human services utilizing the opioid funds to specifically target needs around opioid use, treatment, etc. There may be information provided soon about Narcan distribution via partnering with others in the region. Human services will be focused on making connections in the region and enhancing the impact while decreasing the specific impact on the general fund — helping more people with less. There are quite a few restrictions regarding how the funding is used, but staff relies on the Finance Department for guidance. Councilmember Nand commented it is amazing the breadth of work the department does in the community. Councilmember Paine observed human services was down to one person. She asked where they will be located. Ms. Burley answered they will continue to maintain an office at the Frances Anderson Center. Councilmember Paine relayed her understanding that the FAC was limited and asked if human services will continue working with community court or have space in another location. Ms. Burley answered they will absolutely continue to work with community court and where the work is needed, but they will not have an office in an alternate location. Councilmember Paine expressed appreciation for the maturity and level of discussion from Ms. Dunscombe because she cut her position. She asked what it would look like if Parks cut the deputy director position and apologized for asking that question. Ms. Feser asked for clarification if Councilmember Paine was asking what it would look like to eliminate that position in addition to what has already been cut. Councilmember Paine answered yes. Mayor Rosen suggested that could be something the council deliberates on. Councilmember Paine offered to add that to her questions. Councilmember Dotsch commented on the hard work and anguish going through all these cuts. She thanked staff for being so thorough, going through every single detail, which she found very powerful and intentional. With regard to the environmental stewardship part-time volunteer coordinator, she observed the City has phenomenal volunteers but those efforts still require coordination and time. She asked if there were opportunities for positions to be filled by phenomenal residents who are interested in volunteering. Ms. Feser explained it was a shift; with the elimination of the entire environmental education program, there was an opportunity to have the individual, who was well qualitied to do that work, reduce their employment to half time and focus primarily on volunteer coordination, something the City has not had. This is a way to leverage the resources of a part-time person and the City's tools and supplies into thousands of hours of labor. There are many people in the community who want to volunteer, but staff has not had the ability to respond to individuals and groups who want to help due to the lack of a coordinator. This is an opportunity to fill the gaps in the parks system. Councilmember Dotsch commented on the importance of getting the word out regarding the need for volunteers. Council President Olson thanked the Parks, Recreation and Human Services Department, recognizing how heartbreaking this is especially when staff is as attached to programs as long-term community members are. However, what Parks presented is exactly what the council expects from departments in acknowledging and responding to the fiscal emergency. She thanked department staff for stepping up. Councilmember Tibbott asked about programs that were eliminated from the Waterfront Center. Ms. Burley answered the classes that were taking place at the Waterfront Center are not being eliminated, they are moving back to the Frances Anderson Center. Participation at the Waterfront Center required another administrative staff person working at that location which required staffing the Frances Anderson Center and Waterfront Center at the same time. Part of the administrative reduction was staff savings and concentrating programming at the Frances Anderson Center. In addition to paying for utilities and other expenses of the Waterfront Center, the City was also paying for a facility monitor and a staff person. The Edmonds City Council Approved Minutes October 8, 2024 Page 19 department was unable to charge enough for those classes to cover that cost. Councilmember Tibbott observed staff was consolidating classes into one location. Ms. Burley answered yes, as well as reallocating spaces in Frances Anderson Center; eliminating gymnastics frees up two additional spaces for programming, spaces that were exclusively used for gymnastics in the past. Councilmember Eck commented as a manager of people and in leadership for decades, she has been where staff is and knows how difficult it is and she recognized these decisions were not made lightly. With regard to gymnastics which she knew was super popular and a revenue generator, she asked if a contractor would provide that class and their salary would be paid from the revenue generated by that program. Ms. Burley answered no, the space is restrictive and only allows for gymnastics in those two rooms. Staff believes more incremental revenue can be realized by having the spaces be multidisciplinary. Staff hopes to retain some tumbling activities for younger kids, but does not anticipate ongoing gymnastics programming for elementary kids and up at the Frances Anderson Center. There are new gymnastics facilities opening further north in addition to Cascade Elite in Mountlake Terrace. Unfortunately the City's gymnastics programming will not continue. Mayor Rosen declared a brief recess. 2. PUBLIC HEARING ON COUNCIL CONSIDERATION TO COLLECTIVELY SUPPORT OR OPPOSE INITIATIVE MEASURE NO. 2117 CONCERNS CARBON TAX CREDIT TRADING. THIS MEASURE WOULD PROHIBIT STATE AGENCIES FROM IMPOSING ANY TYPE OF CARBON TAX CREDIT RATING, AND REPEAL LEGISLATION ESTABLISHING A CAP AND INVEST PROGRAM TO REDUCE GREENHOUSE GAS EMISSIONS. THIS MEASURE WOULD DECREASE FUNDING FOR INVESTMENTS IN TRANSPORTATION, CLEAN AIR, RENEWABLE ENERGY, CONSERVATION, AND EMISSIONS -REDUCTION. SHOULD THIS MEASURE BE ENACTED INTO LAW? f ]YES 11 NO Councilmember Paine commented this is a public hearing regarding I-2117 and is not obligatory. She read the ballot title, "This measure would prohibit state agencies from imposing any type of carbon tax credit trading, and repeal legislation establishing a cap and invest program to reduce greenhouse gas emissions. This measure would decrease funding for investments in transportation, clean air, renewable energy, conservation and emissions -reduction." The council wants to hear from the community about this and she urged the public to stick to the topic, recognizing there are other initiatives on the ballot. Mayor Rosen opened the public hearing. COUNCIL PRESIDENT OLSON MOVED DUE TO THE LARGE ATTENDANCE, ALL IN CHAMBERS STAND AT THE END OF ANY COMMENT MADE IF THEY AGREE. THIS MAY DECREASE THE TOTAL NUMBER OF COMMENTS MADE WHILE STILL LETTING US RECEIVE THIS COMMUNICATION. MOTION DIED FOR LACK OF A SECOND. John Pierce, Woodway, said he spends considerable time in Edmonds with his family, spending money, enjoying the facilities, etc. He has spent 35 years working in carbon credits, carbon abatement, legislation, advising various companies such as local aircraft manufacturer, the favorite internet retailer, software companies, governments, etc. He has advised on carbon credits, carbon protocols, measurements and legislation and installed or advised on the installation of 20+ megawatts of renewable energy. Almost anything one has seen in the United States, west coast or Midwest he probably had a hand in and has the background and bio to advise on this. He advised on I-2117 to various clients and parties in Washington as well as in California regarding their carbon trading market. It is in essence a political slush fund, there is no accountability, and no metrics in the initiative. If one is trying to decarbonate, there need to be metrics and ways to measure success. Metrics provide accountability and there is none in I-2117. Edmonds City Council Approved Minutes October 8, 2024 Page 20 Mr. Pierce continued, Reuven Carlyle is the principle author of the initiative; interesting that he left office right after it passed to start Earth Finance whose principle mission is to advise on I-2117. There have been comments on I-2117 in the local media; he and Mr. Maxwell have had a respectful exchange over the last couple weeks and he did not doubt his sincerity and earnestness on the subject matter. With regard to ferries, manufacturing electric ferries out of state as proposed is problematic as it would run headlong into the Jones Act and would have to be licensed to be built elsewhere to be used locally. None of the local shipyards are prepared to build electric ferries and those jobs and expertise will be moved overseas to Norwegian builders who are funded by Statoil, now called Equinor, which sounds more equitable. I-2117 promotes rent seeking behavior whether from this municipality or others seeking money to fill in budgets and backfill. It is not supposed to be used for transportation, that is explicit. The Supreme Court will not enforce the idea that the legislature cannot pass future acts without regulating carbon. If there is desire to do that, he suggested copying California. Judy Cooper, Edmonds, commented all have been burdened with extra taxes and this one of the biggest tax boondoggles where businesses will be taxed on the excess money they are making. She pointed out how hard it is to run a business, whether it is 2 or 50 employees, everybody makes mistakes no just because there is a viable company and they happen to use carbon items like everyone does. People drive cars, fly in airplanes and many other things that are affected by this initiative. The state is trying to capitalize and create a boondoggle; the voters cannot allow the government to keep imposing these huge fees on businesses when businesses are the ones that employ people. If businesses are continually stripped of their cashflow, they cannot reinvest into the business and continue taking care of their employees. She recommended repealing this very burdensome group of expenses on large companies helping to create a great state. She supported passage of the initiative to reverse some of the things the legislature has done. Paul Clampitt, Edmonds, a commercial fisherman who along with his two sons own and operate the fishing vessel Augustine. He has a degree in marine science and was on the Department of Commerce Marine Advisory Council for six years, chair of the Snohomish County Marine Resource Committee and an advisor for the North Pacific Fishery Management Council. He supported voting yes on I-2117. Small businesses are getting killed, costs are up, high fuel costs cause everything to go up. Many of his colleagues have given up, crews have lost jobs and those still working have had their incomes cut. The state is hurting the people who can least afford it. The Climate Commitment Act is based on a lie that Washington CO2 has any local or world impact on climate. It has about the same effect as spitting into the ocean has on water pollution. CO2 fear is like a religion; Washington citizens have to pay the penance for the world's sins. The poor of the world couldn't care less about what Washington does; they need energy and they are going to get it. The CCA is killing businesses in Washington State and hurting the poor. David Barber, Edmonds, commented the Edmonds City Council taking a position whether to collectively support or oppose I-2117 raises a number of disturbing questions including who is behind this proposal and why. The ballot initiative is a matter of state concern and outside the scope and jurisdiction of the affairs of the Edmonds City Council. A brief review of the Edmonds City Council mission and purpose statement and the Edmonds Code of Ethics would lead one to conjecture that whereas to undertake such an activity such as this is probably not strictly illegal, it may well be in conflict with the code and in particular the provision that states the city council shall, "conduct business of the city in a manner which is not only fair in fact but also in appearance." He questioned how the council came to undertake this endeavor. There are four initiatives on the November ballot; why did the city council select this one and none of the other three? There is plenty of information readily available to the citizens of Edmonds that presents the case both for and against this initiative. He asked whether the council had discovered new information not previously available or whether this proposal reflects the result of a polling of the council's constituents who felt this deserved the council's consideration. If this is a matter of such great importance, he questioned why the council has delayed its attention to the issue until only one month prior to the vote. There is a real danger that taking a position on this initiative will set a precedent that everyone will sorely regret. If it is deemed Edmonds City Council Approved Minutes October 8, 2024 Page 21 not illegal or unethical to take such actions, what prevents the council in the future from endorsing political candidates at the local, state and national levels? Some late breaking news may provide some clues regarding the source of this undertaking; the public is learning this topic is not just a particular concern to the Edmonds City Council but other city councils throughout the state who are orchestrating similar efforts. The Mercer Island City Councils met Monday and by a 5-2 vote determined not to take a position on this initiative. He encouraged the Edmonds City Council to come to a similar conclusion. Carolyn Strong, Edmonds, said prior to actually having all the facts, the stated purpose of adding the public hearing on the state initiative according to Council President Olson was because of the negative impacts it would have on the Highway 99 project. The following facts prove this is not the case. The CO2 tax revenue cannot be used for road projects so Highway 99 is not impacted by I-2117 or the CCA. Section 27 of the CCA specifically prohibits funding for road projects on Highway 99; it is quoted on the handout she provided. The Clean & Prosperous Institute which is campaigning for the CO2 tax and wrote the CCA, has a dashboard showing projects that may be impacted. Their own map shows no road projects are at risk; their website shows Highway 99 is not impacted. Their website also states no high risk projects are in this category which include investments from the broader Move Ahead Washington transportation budget. The Seattle Times' factcheck noted "thus losing the acts' funding won't directly affect road and bridge projects." It appears there is no CCA money in the Edmonds Highway 99 project nor any indication Edmonds has any plans to apply for CCA funds. It seems unlikely the project would quality for CCA funding. There is nothing to support the suggestion that I-2117 would jeopardize this project. In the handout, City Engineer Rob English's breakdown of the funding supports that. She was concerned that movement on the no campaign seems to have reached several city councils in the state to try to impact the outcome of an election. She believed Mercer Island took the correct approach when they determine last night that it is improper for a city council to have a hearing on this issue and it should be left to the individual voters as they cast their ballots. Advocacy and activism for or against an initiative such as this should be on a personal level and not from anyone acting in an elected capacity or on a city council. She urged the council to exercise good governance and oppose the resolution. Cynthia Jones, Edmonds, strongly encouraged the city council to adopt a resolution recommending a no vote on I-2117. The CCA is already having a positive effect on Edmonds. As a cyclist, she enjoys the Interurban Trail until she gets to SR-104 where there is no safe way to cross six lanes of traffic. The CCA includes funding for a bridge, increasing safety for pedestrian and cyclists. Walking and cycling access along Highway 99 is also in process, keeping pedestrians and cyclists safer and making it less stressful for drivers. People 18 and under can ride public transit for free, electric vehicle charging stations across the county are funded. As 40% of the greenhouse gases in Washington come from transportation, primarily cars, anything that can be done to increase the safety and accessibility of alternative forms of transportation addresses climate change. I-2117 would cut 1/3 of the state funding for roads, transit systems, bridges and the new, desperately needed ferries, would mean more toxic air and water pollution, and eliminating efforts for salmon recovery and wildfire prevention. The local community would left to pay for that. Edmonds already has a challenging budget situation as evidenced by the heartbreaking reports. She questioned eliminating state funding that can help address the community's needs. She believed the city council was being responsible in taking a position on this initiative; informing voters of the impacts provides voters another point of reference, another piece of information on which to base their vote. Ms. Jones continued, the city councils of Vancouver, Kenmore, Burien, Shoreline and Lake Forest Park have all approved resolutions opposing I-2117 and cited two major reasons, repealing the CCA would make the work of implementing local climate action plans harder and stopping the flow of revenue from carbon auctions would mean direct cuts to transportation projects and less revenue going forward. More than 500 organizations have signed onto the No on I-2117 Coalition, representing thousands of Edmonds residents and businesses like Microsoft, REI, BP, environmental nonprofits, tribes, labor groups, healthcare, transportation and faith based groups. She urged the council to respect the beliefs of the many residents Edmonds City Council Approved Minutes October 8, 2024 Page 22 who signed onto the Coalition to Oppose 2117 and join their other city councils in recommending a no vote on this initiative. This is a responsible action for a city working to balance a challenging budget and to provide the best outcomes for residents. Marji Fields, Edmonds, said she usually watches meetings from home, but her concern about the disinformation on I-2117 prompted her to come in person to speak against it. No to I-2117 is the only reasonable response to that initiative. Rolling back taxes on big polluters only benefits big polluters and would result in slashed budgets for environmental protection and the state transportation budget. Looking at who sponsored the initiative is a clue to who benefits from it. Looking at who opposes it is also a clue. There is a reason for the 500 sponsors for No on 2117 including over 500 social and environmental justice groups, all the tribes in Washington, labor organizations, medical professionals and firefighters. There is also a reason other cities unanimously said no to 2117. She urged all voters as well as the city council to reject this dangerous proposal. Dawn Laskowski, Edmonds, relayed her concern with I-2117 and the council holding this meeting. If the council wanted to educate and inform citizens on I-2117 or any other initiative, it would be wiser to hold a general town meeting at the Waterfront Center or the Frances Anderson Center and invite people to speak on the initiatives from both sides pro and con. If the intent is to sway voters to what the council believes is the best way to vote, that is wrong on every level. Unless councilmembers have read every single page and studied every aspect of the initiative, they are not qualified to suggest or imply how citizens should vote. Patty Whitmarsh, Edmonds, found it super disturbing that the council is taking on any initiative, let alone I-2117. She found it inappropriate as it is an issue that belongs in Olympia and taking it on is irresponsible and dangerous. It is a statewide issue and it is embarrassing that the council is attempting election interference and influencing the election. She didn't know why the council wanted to do that when there were so many other things they needed to address such as the City's financial shortfalls and the comprehensive plan. It gave her a flashback to when the council took on the so-called women's reproductive rights which should have stayed in Olympia and the legislature; instead the Edmonds City Council chose to adopt an amendment. She is voting yes on all the initiatives including I-2117, but asked the council not try to influence voters which is inappropriate for the council to do. She applauded Mercer Island City Council for voting not to take any action as a city council. Sandy Higgins, Edmonds, said she doesn't agree with the Edmonds City Council jumping into this state issue. What should be important to the council is getting the City's budget with a $13 million deficit under control, safety on City's streets, and clean drinking water among other things. She preferred to let the initiative process and the results of voter preference take place at the ballot box in November, not in City government. She would have preferred this item be removed from the agenda because the only reason she believed the city council would vote either way on the resolution was to influence voters, something she did not need nor appreciate. As this item was not removed from the agenda, she urged the council to vote no. Julie Johnson, Edmonds, questioned why councilmembers supported discussion of a state issue and not the business of Edmonds. This wastes City time and valuable resources which are better spent to get Edmonds out of the budget crisis it is in and address the fire/EMS issue the City is facing. This is election interference coming from the dais trying to influence an election. She questioned why the council was discussing a state issue. The Highway 99 project will not be affected, that misinformation has been debunked. She suggested going to Let's Go Washington's search engine to find an understandable and truthful explanation of each initiative. She pointed out fear is a tactic the opposition uses and she urged the council not to be misled by fear. Hundreds of hardworking, honest people collected 1.5 million bipartisan signatures to put these initiatives on the ballot including herself. This is not a partisan issue; there were a lot of democrats, independents and conservatives that signed the initiatives. When collecting signatures, the Edmonds City Council Approved Minutes October 8, 2024 Page 23 people were enthusiastic about signing because they really opposed the measures. She urged council to reject the resolution. Nick Maxwell, Edmonds, commented as this council meeting proceeds, North Carolina is still trying to find people lost in the flooding caused by Hurricane Helene, flooding that reached levels never seen before in North Carolina and Florida is bracing for the impacts of Hurricane Milton, a category 5 hurricane expected to wipe the foundations of any town completely clean. Milton is a category 5 because the waters of the Gulf of Mexico are four degrees higher than they used to be; hotter water makes for faster winds. The waters are hotter because the air has been filled with global warming pollution. One hundred and ninety six countries have committed to stopping global warming pollution by 2050, phasing out global warming pollution over the next 26 years. The United States has committed to joining and stopping its global warming pollution by 2050. Washington state has committed to do its part and phase out its global warming pollution by 2050. In Washington State, the commitment is the CCA which bans greenhouse gas pollution by 2050. I-2117 makes the opposite commitment, banning the CCA or anything like it. I-2117 is a commitment to go right on polluting with greenhouse gases as long as possible, making hurricanes, heat waves and wildfires worse and worse. Edmonds made a commitment in 2023 to do its part to support Washington State and the United States in phasing out greenhouse gas pollution by 2050 which means voting no on I-2117. He urged the council to join him in encouraging everyone to vote no on I-2117. Georgina Armstrong, Edmonds, said in considering this initiative, the council must weigh that the City has a climate action plan which five members of the current city council voted to adopt in March 2023 while announcing they were all in on the call to action. There is one action item in the CAP that stands out; under buildings and energy it states, "Support legislation to require gas supply systems statewide to be carbon neutral by 2045." This stated support appears to be very clear, but what will be contradictory to the City's own CAP if the council supports a yes vote on I-2117. Voting no will support the hard work of City staff and the Mayor's Climate Protection Committee over three years and producing a policy to reduce greenhouse gas emissions. A no vote on I-2117 would reaffirm the city council's support of the City's own climate policy which will suffer should the council support the initiative. Janelle Cass, Edmonds, urged the council to think about the values of good governance and what problem they were trying to solve by having the council say whether or not they support I-2117. Many citizens have strong views one way or the other and they will have an opportunity to vote in a couple weeks. If an initiative were a person on the ballot, everything the council is doing would be completely illegal. She understood the rules were not quite that clear, but it seems a bit unethical for the council to interfere or make a statement regarding how citizens will vote. It is called using the bully pulpit and she questioned whether the council was comfortable bullying and giving their individual opinions without having experts present to talk about the pros and cons and only a public hearing without presentations with data. If the council insists on making a statement on an initiative, they are falling in line with a bully pulpit. She urge the council to stick to the core values of good governance. Ross Dimmick, Edmonds, a recently retired scientist from a career where he managed and wrote environmental impact statements and environmental assessments, said his professional career in environmental assessment, federal rule making and application of federal and state regulations combined with the knowledge of the community provides him with a valuable perspective with which to provide input on I-2117, but he couldn't lay out a case in the time allotted that could fully convey his thoughts about the initiative. The CCA is a complex piece of legislation; the RCW is nearly 39,000 words long. He did not think the people of Edmonds elected the council to read and understand the implication of the CCA. There may be better uses of the council's time and expertise such as helping to maintain and improve the quality of life in Edmonds. As a matter of principle, he did not think it was an appropriate use of the city council's time to even consider a motion on an issue of this complexity in this forum with the time constraints. He emphasized what other speakers have said, whether this resolution is to express the view of city government Edmonds City Council Approved Minutes October 8, 2024 Page 24 or a recommendation to constituents on how they should vote; the former is meaningless, the latter is beyond the role of the council. The initiative process is of the people and by the people. The people proposed initiatives and the people vote on initiatives to approve or reject. He did not believe the city council had a role in interfering as a government entity in that process. Individuals should feel free to state their view, but he did not believe a governmental entity should interfere in the initiative process which is specifically designed for the people. Gordon Black, Edmonds, board member of North Sound Bicycle Advocates, said the CCA is a much needed effort to limit greenhouse gases by creating a series of incentives and disincentives and making the worst polluters pay fees that can contribute to projects to increase funding for cycling, walking and transit. For both financial and environmental reasons, he urged the city council to pass the resolution opposing I- 2117. Beth Fleming, Edmonds, agreed with the many comments she has heard tonight regarding the inappropriateness of this resolution. She found it very alarming that the council was getting involved in a citizen -led initiative. She hoped each councilmember would choose not to voice their opinion from the dais tonight because this is not the place for this to be happening. As someone else mentioned, there could have been a meeting held outside a council meeting to share information. According to the Washington Policy Center, despite promises that it would only add pennies to the cost of gasoline, the CCA's tax on CO2 emissions added about $0.43/gallon to gas and about $0.53/gallon to diesel in the first year. That affects regular people filling their tanks, people who can't afford to buy luxuries and who are struggling to get by month to month, pay their rent and mortgages. She found it unfair to say this tax only affects the greatest offenders like big diesel trucks because it impacts citizens. She appreciated the work the council does and hoped they could get the City's fiscal situation cleaned up. She implored the council not to pass the resolution and to stay out of this topic because it is not government's place to take a stance on a citizen - driven initiative. She will be voting yes on I-2117. Gary Nelson, Edmonds, referred to SB 5126 that created the CCA and is now embodied in RCW 78.65 and invited councilmembers to read it before making a decision on the resolution. The legislature's findings included the realization that CO2 emissions are a global problem, but avoided telling the citizens of Washington that the environmental protection agency scoring on the state CO2 energy source emissions had reduced Washington to the point it was in the top ten cleanest states in America, primarily because power sources are hydropower. In 2022 Seattle and Spokane were in the top ten cleanest cities. He pointed out the discontinuation of the vehicle emission test as evidence. The CO2 tax targets the five oil refineries in the state and the result has been higher gas prices. The only coal fired plant for public power is publicly owned. In the bill itself, the 16-member environmental justice council recommends projects. They made up a wish list but none of them have been adopted. From the seven expenditure accounts embodied in this bill, only two have anything to do with transportation and one is for school paths and bikes and the other for transit and tribal requirements. Department of Ecology was supposed to be reporting every year on this program, but have failed to do so. The audit by the legislature won't be completed until 2029. It will look at the impact on gas prices and employment, summarize statewide costs and report on impacts of the program on low income households. The city council should not be involved in passing a resolution without knowing the status of the CCA. Hearing no further public comment, Mayor Rosen closed the public hearing. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, THAT THE COUNCIL NOT TAKE A POSITION ON THE MEASURE. Council President Olson said she has heard the public's comments and the one that resonated with her the most was that this was a citizen initiative which she respects. She stands by her belief that it is appropriate for a city council to take a stand on this when there are local impacts of significance and those are verified. Edmonds City Council Approved Minutes October 8, 2024 Page 25 She referred to things that are contrary to what some residents mentioned with regard to how the money can be spent, grants to increase safe walking and biking to schools including crossing improvements, speed management, sidewalks, bike lanes, shared use paths, streetlights, ADA improvements, education and encouragement activities which are all WSDOT projects. The $22.5M that is allotted and on the verified CCA list for Phase 3 and 4 Highway 99 projects. The City has already obtained some safe routes to school grants and hope to receive more of those in the future. Some have said those could be paid for in other ways, but as seen in the presentations tonight, that is not true. This is just more information; no one should be afraid of information, maybe this is just encouragement to dig deeper regardless of what side someone is on, maybe there is more information each person needs to know. She concluded she would rather the council not vote on a resolution related to an initiative which is why she made this motion. Councilmember Paine expressed appreciation for all the comments made tonight bringing up interesting points. She assured the climate crisis is here, this a tool that the state can use to help support all the CAPS in the state. Council President Olson listed some of the projects; the City needs to do everything it can to reduce its carbon footprint, and activate streets so they are pedestrian and bike friendly. The CCA provides money for projects to save salmon and to clean the air and water, significantly important things in Edmonds. Although not the same issue, the council approved a resolution to go to Olympia to argue related to HB 1110 two years ago. The council has been active in state policy making and this is no different. She urged councilmembers to consider approving a resolution to vote no on I-2117. Councilmember Eck thanked the public for the taking time to share their voices. It is clear not everyone agrees, although there was respectful dialogue tonight, the way a public hearing is supposed to be, hearing all viewpoints. Some may not agree there is a climate crisis; that is their prerogative and they can speak to that respectfully. Like Council President Olson and Councilmember Paine said, these are local issues with local impacts. Councilmembers and the public can agree to disagree and be respectful in their disagreement. Regardless of the side each person was on, she appreciated their taking the time to share their voice which is what a public hearing is for. Councilmember Nand pointed out this hearing began at 9 p.m. and it is now 9:51 p.m. The City pays the city attorney over $300/hour to attend council meetings. She found it astonishing that on a day when the Parks and Recreation Department proposed $1.525 million in cuts and laying off 24 employees that the council president who placed this on the agenda has now decided not to do anything following 51 minutes of city attorney and staff time and that those resources were basically wasted. UPON ROLL CALL, MOTION CARRIED (4-2-1), COUNCILMEMBERS CHEN, TIBBOTT, AND DOTSCH AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS ECK AND PAINE VOTING NO, AND COUNCILMEMBER NAND ABSTAINING. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER ECK, TO EXTEND TO 10:20. MOTION CARRIED UNANIMOUSLY. 11. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(n At 9:53 pm, the council convened in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for a period of 15 minutes. Executive Session Extension At 10:10 pm, Mayor Rosen announced the executive session would be extended until 10:15 pm. The meeting reconvened at 10:16 pm. Edmonds City Council Approved Minutes October 8, 2024 Page 26 12. COUNCIL COMMENTS Councilmember Nand noted as election season approaches, there have been two assassination attempts on one of the presidential candidates which is not something she ever thought she would see in her lifetime. It harkens back to the 1960s when there was a great deal of unrest. She read the preamble to the constitution, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." When people support or endorse or even just tacitly approve political violence against political opponents, they are doing the exact opposite of what the framers of the constitution asked us to do over 200 years ago when they requested forming a more perfect union. Councilmember Paine commented she was thinking about Florida. Councilmember Chen commented everybody makes mistakes; it is important to try not to make the same mistake going forward. Councilmember Eck commented the tree board rocked it on Saturday, giving out 100 seedlings to people at the market. 13. MAYOR'S COMMENTS ADJOURNMENT With no further business, the council meeting was adjourned at 10:18 pm. sx--Z� SCOTT PASSEY, C CLERK Edmonds City Council Approved Minutes October 8, 2024 Page 27