Loading...
2023-02-28 City Council PacketOp E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 FEBRUARY 28, 2023, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "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. - CITY COUNCIL LAND ACKNOWLEDGMENT 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. 6. RECEIVED FOR FILING Edmonds City Council Agenda February 28, 2023 Page 1 1. Written Public Comments (0 min) 2. Outside Boards and Committee Reports (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes of February 21, 2023 2. Approval of Regular Meeting Minutes of February 21, 2023 3. Approval of claim checks. 4. Ordinance Change To Address Parking Ticket Change 5. Police Department Administrative Staff 6. Addendum No. 1 to Library Annexation Agreement 7. Salary table approval request for grant funded position 8. Job Descriptions for HR Department 8. PUBLIC HEARING 1. 2023 Edmonds Climate Action Plan (60 min) 9. COUNCIL BUSINESS 1. On -Call Stormwater Review Services on Private Development Projects (15 min) 2. 2023 Legislative Session Update (20 min) 3. Salary Commission Reinstatement - Appointments for 2023 (15 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda February 28, 2023 Page 2 6.1 City Council Agenda Item Meeting Date: 02/28/2023 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between February 16, 2023 and February 22, 2023. Attachments: Public Comments February 28, 2023 Packet Pg. 3 6.1.a Edmonds City Council Public Comments — February 28, 2023 Online Form 2023-02-21 02:11 PM(MST) was submitted by Guest on 2/21/2023 4:11:25 PM (GMT- 07:00) US/Arizona FirstName Ken LastName Reidy CityOfResidence Edmonds AgendaTopic Public Hearing on Addition of Minor Development Code Amendment Process in ECDC 20.80 I encourage City Council to review the 2021 and 2022 Budget discussions and Budget approvals and inquire as to whether the DEVELOPMENT CODE REWRITE WORK PLAN presented to City Council during the September 27, 2022 Council Meeting was consistent with those Budgets. The September 27, 2022 City Council Meeting Minutes document that City Council had a DEVELOPMENT CODE REWRITE WORK PLAN on Council's September 27, 2022 City Council Meeting Agenda. Please note use of the term used for many years: REWRITE What we call the project is material. We have budgeted for something much more significant than a Code Modernization on multiple occasions. Calling it something different than what it is and what it has long been called paints a misleading and incomplete picture of what has long been needed. The September 27, 2022 City Council Meeting Minutes document that Council never voted to approve the DEVELOPMENT CODE REWRITE WORK PLAN. I don't understand why City Staff has moved forward before getting their proposed Work Plan approved. Specific to the minor code amendment discussion, whereas I can see this may provide opportunities for efficiency, I'm not sure State Law allows Code Cities to legislate via Comments Omnibus. Councilmember Susan Paine called what City Staff wants to do with Minor Code Amendments an Omnibus during City Council's meeting on February 7, 2023. Omnibus is defined as: A large, single document bill that is accepted in a single vote by a legislature but packages together several measures into one or combines diverse subjects. RCW 35A.12.130 states that no Ordinance shall contain more than one subject and that must be clearly expressed in its title. I encourage City Council to inquire whether it can legislate via omnibus. I also encourage City Council to obtain legal support for the representation that scrivener's errors can be addressed directly with Code Publishing. I know our City Code does not allow that. If State Law allows such, I encourage City Officials to provide the State Law reference. Please do not simply allow staff to determine what is a scrivener's error without Council discussing and voting on in an Open Public meeting. Please recall what happened when Ordinance 3740 was adopted. I encourage City Council to give staff's DEVELOPMENT CODE REWRITE WORK PLAN deep thought. Please seek citizen input, review related laws and eventually vote on whether to approve a DEVELOPMENT CODE REWRITE WORK PLAN. Whatever plan is approved, please make sure to budget appropriately and please require City Staff to provide regular status updates to citizens. N c a� E E 0 U U a c m r Packet Pg. 4 6.1.a Edmonds City Council Public Comments — February 28, 2023 Online Form 2023-02-21 02:06 PM(MST) was submitted by Guest on 2/21/2023 4:06:45 PM (GMT- 07:00) US/Arizona FirstName Ken LastName Reidy CityOfResidence Edmonds AgendaTopic Audience Comments for February 21, 2023 Regular Meeting Please vote the Risk Management Policy discussion off the Consent Agenda and have a broader discussion about Risk Management. Edmonds City Government has established a history of pushing issues against its own citizens and blaming such conduct on so called "liability issues". This begs the question: What is more important, the City's laws or concerns about "liability issues". Voting this discussion off the Consent Agenda will also allow for discussion of whether it is appropriate for the City to be affiliated with the WCIA. Does the City or WCIA have the authority to go "well beyond" the Court and Hearing Examiner's Orders? Is this fair to other citizens — those citizens negatively impacted by the City and WCIA's willingness to go "well beyond" the Court and Hearing Examiner's orders? I emailed background materials evidencing this conduct earlier today. WCIA proclaims it "aggressively manages members' financial risk". Should Edmonds citizens be exposed to WCIA's aggressive practices? Please give these questions deep thought and attention. Please also vote the Development Fees update off the consent agenda to discuss the Right -of -Way Fees Comments section in greater detail. What type of city easements are eligible for use permits and encroachment permits? Can a third party get a permit to encroach into a city utility easement? Can the City issue a permit to use a Temporary Construction Easement? City staff accused me of failure to obtain an encroachment permit on a Temporary Construction Easement. City staff did so before the Temporary Construction Easement even existed. Does the City accept applications for encroachment permits to use a Temporary Construction Easement? Does that concept seem a little strange to any of my elected Councilmembers? The Development Fee scheduled for 2023 also does not differentiate between open and unopened rights -of -way. Does the City issue permits to use unopened Rights -of -way? If so, who can apply for a permit to use an unopened right-of-way? Can a person with no ownership interest in the property get a permit to use an unopened right-of-way? If so, how does the City respect the property owner's legal right to use their property prior to the city improving and opening a street or alley? I believe these are all very important questions that should have been answered many years ago. Please seek answers to all these questions tonight. Thank you. N c a� E E 0 U U a c m r Packet Pg. 5 6.2 City Council Agenda Item Meeting Date: 02/28/2023 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Community Transit Edmonds Public Facilities District Lake Ballinger Forum Port of Edmonds Snohomish County Today SNOCOM-911 Attachments: AGND SCT SC 022223 Community Transit 1.05.23 Board Minutes epfd-board-meeting-agenda-02-23-23 Lake Ballinger Approved Minutes 2.15.2022_202207291348047969 Port of Edmonds minutes 130 23 SNO911-Board-Agenda-20230216 Packet Pg. 6 6.2.a Stanwood Darrington Tulalip Arlington Tribes Granite Falls Marysville Snohomish County Tomorrow Everett Lake Stevens Mill Creek Lynnwood Lynnwood Snohomish A GROWTHMANAGEMENT ADVISORY COUNCIL Edmonds Mountlake Monroe Terrace Sultan Gold Index Woodway Brier Bothell Bar STEERING COMMITTEE February 22, 2023 Zoom link: https://us02web.zoom.us/m/83882026165 6:00 p.m. to 8:00 p.m. AGENDA 1. Call to Order, Roll Call, and Opening Items (3 min.) a. Introductions/Roll Call (Co-chair) b. Citizen Comments (Co-chair) 2. Approval of Meeting Minutes (1/25/23) (2 min, Co-chair) 3. Update Items (10 min.) a. Summary of PSRC Board Actions and Activities (Ben Bakkenta, 5 min.) 4. Action Items a. Election of Officers (Co-chair, 10 min.) 5. Briefings, Discussion Items (5 min.) a. Snohomish Health District Integration Presentation (Josh Dugan & Dennis Worsham, 20 min.) b. Coordinator's Report (Mike McCrary, 5 min.) 1. Report from SCT Committees 6. Go -Round (time permitting) 7. Next Meeting Date: March 22, 2023 8. Adjournment (Co-chair) Steering Committee members please notify Megan Moore bV Tuesday, December 6ch if you are unable to attend: Megan.Moore@snoco.org. Thank you. N 0 0_ 0 0 a� r E 0 U c �a L 0 m as .N O M N N N N 0 U U U) 0 Z 0 a c m E t u 2 r Q Packet Pg. 7 6.2.a Future Informational Briefings: • Alliance for Housing Affordability Update (Qtrly) • Codes for Housing "Missing Middle" (TBD) • Coordination on PSRC Initiatives (TBD) • Economic Alliance Coordination (Monthly) • Emergency Management (TBD) • Elements of 2024 Comprehensive Plan (TBD) • High Speed Rapid Transit (TBD) • Housing Affordability Regional Task Force (Fall) • HASCO (TBD) • Human Services' Temporary Shelter Report (TBD) • Multi Modal High Priority Projects (TBD) • Opioid Crisis (TBD) • Planning for Everett Link Extension (TBD) • Public Works Assistance Fund Call for Projects • Regional Airspace Capacity (TBD) • Snohomish Co. Light Rail Communities (TBD) • SCT Restructure Re -cap (TBD) • SCT Jurisdictions Comp. Plan Updates (TBD) • Snohomish Co. Cities & Towns (TBD) Packet Pg. 8 6.2.b 0061h� nicommunytranMinutes Board of Directors' Meeting Thursday, January 5, 2023 Hybrid Meeting 3:00 p.m. Board Members Present Council Member Kim Daughtry City of Lake Stevens Mayor Christine Frizzell City of Lynnwood Council Member Mike Gallagher City of Brier Mayor Joe Marine City of Mukilteo Council Member Tom Merrill City of Snohomish Lance Norton* Labor Representative, non -voting Council Member Jan Schuette City of Arlington Council Member Strom Peterson* Snohomish County Mayor Jon Nehring* City of Marysville Board Members Absent Council Member Jared Mead Snohomish County Mayor Sid Roberts* City of Stanwood Others Present** Sabina Araya* Self Roland Behee CT -Director of Planning & Development Mike Berman CT -Chief Technology Officer -Interim Al Hendricks CT -Legal Counsel Mark Holmes CT -Chief Operating Officer Ric Ilgenfritz CT -CEO Mary Beth Lowell CT -Director of Comm. & Public Affairs Molly Marsicek CT -Director of Customer Experience Melissa Cauley CT -Deputy Director Planning & Development Eunjoo Greenhouse CT -Chief Financial Officer Mayor Kyoko Matsumoto Wright* City of Mountlake Terrace, Board Alternate Deb Osborne CT -Chief of Staff Council Member Susan Paine* City of Edmonds, Board Alternate Cesar Portillo* CT -Director of Employee Engagement Rob Jensen CT -Senior Program Manager IT Greg Stamatiou CT -Manager of Capital Dev & Delivery Chris Simmons CT -Manager of System Planning Mike Swehla CT -Director of Maintenance Nashika Stanbro CT-DEI, Manager Mary Albert CT -Budget Manager Shelly Schweigert* Self Melody Smith CT -Executive Support Specialist Rachel Woods CT -Executive Board Administrator *Attended meeting remotely **Names of those who were confirmed as attendees are included, others who attended remotely without submitting their names a Packet Pg. 9 6.2.b Board of Directors' Meeting January 5, 2023 Page 2 Call to Order Chair Marine called the January 5, 2023 Board of Directors' meeting to order at 3:00 p.m. The meeting was held in -person at 2312 W. Casino Road, Everett, WA 98204 and by Zoom. The meeting was recorded and livestreamed. Roll Call of Members The Executive Board Administrator called roll. Attendance was as noted above. A quorum was present. Public Comment Sabina Araya requested the vaccine mandate be removed. She shared comments regarding the vaccine and the 2024 and Beyond service plan. Shelly Schweigert made comments regarding the vaccine mandate and asked that the mandate be removed. Joe Kunzler provided a written comment to the Board. Presentations Swift Program Update Greg Stamatiou, Manager of Capital Development & Delivery, provided a status update on Swift Orange Line construction. Construction was actively underway, with construction estimated to be complete in early 2024 and opening for service shortly thereafter. The Swift Blue Line expansion, 2 new stations at Shoreline North / 185th Station, was at 90% design and was expected to start construction in Q2 2023. The scoping study for the Swift Gold Line was underway. Work started for a Swift Green Line Expansion station siting study. Free Youth Transit Pass Implementation Update Chris Simmons, Manager of System Planning, reported on the results of the Free Youth Transit Pass program to date. Since the program went live on September 1, 2022, we were seeing more youth riders and 13 routes had a higher -than -average percentage of youth boardings. Lost revenue was offset by grant support and was forecasted to be a net positive in revenue. No security issues were noticeable and a few operational issues with the new program had been worked out. Distribution of ORCA cards to high schools was underway and middle school outreach would begin soon. 5,000 cards had been distributed and 4,000 more requested. Ongoing regional work regarding special use cases, such as personal care attendants with youth riders was in progress. Chief Executive Officer's Report CEO Ilgenfritz presented the report. Sound Transit was evaluating a new set of opening dates and options for light rail extensions to the Eastside, Lynnwood, and Federal Way. They were considering activating a portion of the eastside line early and Lynnwood before the full East Link extension was complete, thereby opening with half the expected amount of service to Shoreline, Mountlake Terrace and Lynnwood. This phased approach would impact agency plans to serve light rail and revise our service network beginning in 2024. Staff and leadership from both agencies are working closely to mitigate these impacts. Sound Transit was scheduled to decide on the phased approach at their January 26 Board meeting. The Board would be kept informed. 2 Packet Pg. 10 6.2.b Board of Directors' Meeting January 5, 2023 Page 3 The legislative session would begin January 9. CEO Ilgenfritz would visit Olympia with the Washington State Transit Association (WSTA) in early February and staff would visit with the Economic Alliance Snohomish County (EASC) on their Legislative Advocacy Day February 8. As of January 1, the government relations and public affairs team moved to the executive department under the management of Deb Osborne, Chief of Staff. The agency experienced an unusual snow and ice event the week of December 20. Service was suspended on December 23 due to extreme ice conditions and was back to regular service on December 24. There were no major injuries or accidents. Dispatchers, drivers, facilities, and customer service teams worked tirelessly to support customers. Regarding agency security we started the recruitment phase for the new Transit Security Officer positions The social worker was scheduled to start January 17. The Finance, Performance and Oversight Committee could expect a more detailed report at their quarterly briefing. The Everett Transit/Community Transit Joint Policy Committee would meet in February to review the draft integrated service plan prepared by Nelson\Nygaard Consulting. Delivery of the leased battery electric bus (BYD) was expected by the end of the week. The new agency website was near completion. A preview of the site was available on the current website, with an opportunity to provide feedback on the user experience. A switch over date to the new website was expected to be in late January or early February. In the past year, 75 coach operators were hired, losing 43 to attrition and 19 to promotions, providing a net gain of 13 coach operators. In November, we received 417 coach operator applications and in December we received 628. Committee Reports Executive Committee Chair Marine reported on the December 15, 2022 meeting. The CEO Report was provided. The next meeting was scheduled for January 19 at 11:30 am. Strategic Alignment and Capital Development Committee Council Member Merrill reported on the December 21, 2022 meeting. The Committee reviewed and forwarded action items RFP #2017-075, Purchase of Ticket Vending Machines for the Swift BRT Orange and Blue Lines and ITB #2022-147, Purchase of Transit Security Officer Vehicles to the Board agenda. The Committee reviewed and forwarded one item to the consent agenda: RFP #2022-133, Zero Emission Pilot Project Consulting. The Committee heard and forwarded two informational items: The Free Youth Transit Fare Implementation Update and The Swift BRT Program Update. The next meeting was scheduled for Wednesday, January 18 at 2:00 pm. Finance, Performance, and Oversight Committee Council Member Schuette reported on the December 15, 2022 meeting. The Committee reviewed and forwarded the November 2022 monthly expenditures and payroll to the consent agenda. The Committee reviewed the November 2022 diesel fuel report. The next meeting was scheduled for January 19 at 2:00 pm. 3 Packet Pg. 11