Loading...
2023-01-24 Regular Meeting Edmonds City Council Approved Minutes January 24, 2023 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES January 24, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Teitzel read the City Council Land Acknowledge Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. SNOHOMISH COUNTY COMPREHENSIVE SOLID WASTE PRESENTATION Jon Greninger, Operations Manager, Snohomish County Solid Waste, commented this is a continuation from his presentation in October where he was asked to present a more general overview of the comprehensive plan for the solid waste division and what it means for residents. He reviewed: • Why is planning important? o Taking trash to the dump - Photos  Site shack from old Index dump  RV with a lot of garbage  Pile of old tires • Word Cloud Edmonds City Council Approved Minutes January 24, 2023 Page 2 • Historic disposal rates o Each resident generates about 1300 lbs. of garbage/year o At beginning of COVID saw 14% increase in garbage • Where does our trash go? • General overview of Comp Plan elements o A useable plan and framework for solid waste activities o Focused on increased coordination and collaboration with regional partners o Contents  Volume 1: General overview of the existing system  Volume 2: Technical memorandums - Climate Change and Sustainability - Waste Prevention - Recycling - Organics Edmonds City Council Approved Minutes January 24, 2023 Page 3 - Waste Collection - Transfer - Disposal - Energy from Waste - Outreach and Education - Administration and Regulation  Summary  Background  Existing Programs  Planning issues  Alternatives  Recommendations  Appendices • Next steps o Next steps for the Comp Plan  City Council Resolution of Adoption  County Council Resolution of Adoption  Final SWAC review of waste and recycling elements  Submittal of plan to Dept of Ecology for final review  Update as needed o Next steps for residents  Recycling contamination outreach - Reduce, Reuse, Recycle - Empty, Clean and Dry  Organics Legislation – HB1799 - Snohomish County passed compost procurement ordinance - Waiting for Ecology guidance  Tire Amnesty Event planning  State legislation – currently 11 solid waste bills being monitored • Contact info o Jon Greninger, Operations Manager - Phone: 425-388-6484 - Email: Jon.Greninger@snoco.org - Solid Waste | Snohomish County, WA - Official Website (snohomishcountywa.gov) Mr. Greninger advised he was seeking the City’s adoption of a resolution approving the comprehensive solid and hazardous waste management plan so he can continue his process with Snohomish County Council and the other cities and submit it to Ecology. Councilmember Nand referred to HB 1799 regarding organics and composting, commenting when introducing new habits in waste disposal, there can be a carrots or stick plan; the City of Seattle has gone the stick route where they fine residents who put organics in their trash. She asked if he had a recommendation for a more incentive based way to get residents to compost organics. Mr. Greninger answered it will be important to determine how the City wants to proceed. He recommended working with the haulers, Sound Disposal and Republic, who are working hard to figure this out. It is a paradigm shift that will require educating residents and making the outreach relatable to residents. For example, tailoring a program for condominium residents. He did not remember the exact scope of bill and was unsure if it was the haulers or the residents that could be fined. Councilmember Nand said it was residents, her friends in Seattle worry about getting fined. Mr. Greninger said more will be known once guidance is provided by Ecology; haulers will also receive guidance. They are working with the haulers Edmonds City Council Approved Minutes January 24, 2023 Page 4 on outreach. He concluded both approaches, carrot or stick, have advantages and disadvantages. Councilmember Nand asked him to inform Edmonds if he heard about great ideas that other cities adopt. Councilmember Paine said she was interested to hear about how to do better including doing more composting which helps reduce greenhouse gases. She respects the work being done to reduce, reuse, recycle and asked if there was a place to effectively recycle plastics, especially things like plastic bags, Amazon wrappers, etc. Mr. Greninger responded the best option at this time is to sign up for curbside collection of those plastics. County facilities do not have plastics recycling. There is not a lot of secondary use for those products. Republic invested millions in a polymer facility in Vegas as a central U.S. hub where plastics from their recovery facilities will go. Councilmember Paine thanked Mr. Greninger for allowing her to dump all her batteries including burnt-out electric toothbrushes. Mr. Greninger commented batteries are one of the extended producer responsibility (EPR) programs the state is investigating. The legislature is also looking at a 129 page plastic and packaging bill. Councilmember Buckshnis commented the garment industry is one of the worst for disposing fabric. She volunteers at thrift stores where a lot of garments are thrown away. She asked about recycling of old clothing, noting some independent organizations like Ridwell will pick up garments. Mr. Greninger agreed textiles were difficult because there are not a lot of places that recycle textiles and clothing. The county has a program where entities like Goodwill and other nonprofits are reimbursed for disposal fees for unusable items. Textiles is a small part of the waste stream where there has not been a lot of emphasis, unlike glass, cardboard, and metal. Another difficult item to recycle is mattresses; there is one place in Snohomish County that recycles mattresses. If there is an after-market or subsequent use of a product, facilities will develop to handle those materials. Councilmember Buckshnis referred to empty, clean and dry for recyclables, commenting water gets into the recycling container when the lid is opened. She asked what happens at the Snohomish County facility when recyclables get wet. Mr. Greninger advised the lids on the mixed paper and cardboard receptacles are managed to try to keep materials as dry as possible because the fiber content breaks down when it’s wet, making it unusable. Loads can be turned away if the paper/cardboard is wet because it is then garbage. Councilmember Olson commented she enjoyed Mr. Greninger’s presentations, probably because she is more interested in trash than most people. She thanked him for his comments about organics and encouraged him to relay any information regarding best practices to the city council through the public works director. Edmonds has a thriving restaurant scene and she was particularly interested in organics collection from restaurants. The council has also supported the idea of a gas blower turn-in and asked whether Snohomish County could partner with the City. Mr. Greninger said he has been in email contact with Royce Napolitino in public works and provided guidance on incentive programs. The county may be able to participate if a small number of blowers are turned in by accepting them at one of the transfer stations. He provided Mr. Napolitino a list of metal recyclers that the City may be able to partner with. More specifics are needed about the program such as whether it is residential only, the number of blowers, etc. Councilmember Olson thanked Mr. Greninger and staff who are working that project. 5. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for audience comments. Edmonds City Council Approved Minutes January 24, 2023 Page 5 Amy June Grumble, Edmonds, a resident of the gateway neighborhood of the Highway 99 subarea, spoke in support of the council approving the findings of fact for emergency Ordinance 4823. The findings of fact provides a good accounting for how and why the ordinance needs to be approved. A continuance of the ordinance allows the time to examine how well it addresses massing issues that emerged from the proposal of the 75-foot tall building on a street along a single family zone. Step backs identified in the 2017 SEPA that can be waived seem like a good fix for the decision in the subarea plan to eliminate the transition zones. When the plan accompanying SEPA were approved, the vision was 3-4 story apartment buildings and 5-6 story mixed use buildings. The proposed development that triggered this issue is an example of how what is happening on the ground is not necessarily what was envisioned; 84th Avenue is not Highway 99. Staff’s concern that the ADB review process can become political with this ordinance because of the inclusion of step backs overlooks the continuing concern expressed by community members. The ADB review process can become political with or without step backs in the ordinance. It appears the ADB already has this ordinance on their agenda; she asked that they receive the full council meeting minutes about the ordinance including public comment. Everyone agrees Edmonds needs more housing, especially affordable housing. The residents support development at this site and respectfully request the development be sensitive to the existing single family residential area. Lee Kimmelman, Edmonds, said he wanted to bring something that happened at last week’s meeting to the council’s attention. It was both commendable and concerning when the council brought up for consideration a new ordinance for a much needed process. He admired the council for trying to act proactively and to think about the needs of their constituents. He was also concerned about some of what happened during that discussion, in particular the ordinance was brought up for consideration without giving the public time to consider the ordinance or comment on it. Second, when amendments were being made to the ordinance, they were made with good and clear objectives for the good of the community, but not with real thought about the implications of the amendments. As the discussion continued, there was more and more confusion and complexity to the amendments and ultimately councilmembers were voting without being sure what they were voting on. It became apparent to everyone, including councilmembers, that the issue was becoming a rabbit hole that would not be easily resolved. He urged the council to recognize when such a situation occurs, the better course of action would be to stop the rabbit hole from getting any deeper and recognize that more time and effort needs to be given to the topic. Jay Grant, Edmonds, referred to the waste management presentation, explaining he lives in an 18-unit condominium. There are over 200 condominium complexes in Edmonds, some as large Pt. Edwards. His condominium complex has three bins, recycle, garbage and green waste and is serviced by Republic. The green waste is filled rapidly and only gets picked up every other week so residents often have to throw green waste into the garbage. The recycle bin can be picked up as often as every day and garbage is picked up 1-2 times a week. Kirsten Snyder, Shoreline, a former law clerk in the U.S. Department of Justice Land and Policy Department of Natural Resources Division law and policy section with a background in land use as well as human rights and financial services, said she understands the interplay between markets and land use law well. She did not want to impute bad intentions to anyone, but when talking about land use decisions, and things like setbacks, it sounds racially neutral and like innocent discussion about design, but it is much more than that. There is nothing racially neutral about the existing neighborhoods; inclusionary zoning and land use is used to cement past explicitly race-based policies and acts and further them through race neutral means today. It also makes housing more expensive for everyone; housing is a market. Edmonds is part of a region and the nature of the market has changed over the years and it is far more of an actual market than it was in the past. What Edmonds does affects housing costs in other areas because they are all part of the same market. The more expensive housing becomes and the more housing becomes illegal, the more it increases homelessness. Increases in rents, property taxes, services, demand Edmonds City Council Approved Minutes January 24, 2023 Page 6 for services are all related and although they rise asynchronously, there is a very clear relationship. Although it sounds like the discussion is just about setbacks, it really isn’t. Natalie Seitz, Edmonds, voiced support for the emergency ordinance, an imperfect but needed step toward the City meeting the vision and commitments of the planned action and SEPA. The overall intent of the emergency ordinance is to bring the City’s code into greater alignment with the planned action and mixed use step backs envisioned by that plan and described in the SEPA. She and City staff disagree on many things including what information is presented in the staff recommendation for this action. She concurred with the narrative portion of the agenda item in that she did not believe the council’s intent was to make step backs adjacent to single family zones subject to ADB discretion. She recommended amending the findings of fact accordingly for when this code receives planning board review. She expressed concern with how tiring this effort is, the time it has taken and will continue to take from her family as this moves through the board process. This process was made more arduous for residents because city administration is at odds with following the policy direction provide by council for this and the SEIS. Ms. Seitz agreed with the previous commenter that this is at least in some ways racially based; the area where the highest density residences are being sited is the most diverse with the least resources and is causing displacement. With regard to the planning board, she believed diversity leads to better policy. The ideological shifts in the planning board and others appointed by the mayor are significant between administrations. She was not suggesting that Mayor Nelson did anything different than what past administrations have done, but she hoped the City and council could work together to evaluate whether what has been done in the past is what is best for the City. When the people interviewed for these positions are those recommended by staff, she questioned what confidence she could be given that those who dissent from staff recommendations are adequately considered. She questioned how this planning board would function when dissent from staff recommendation can mean they do not receive an interview to keep their board position regardless of their expertise or the diversity they bring to the board. She urged the planning board selected tonight to close to be brave. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. APPOINTMENT OF BOARD AND COMMITTEE REPRESENTATIVES FOR 2023 3. WRITTEN PUBLIC COMMENTS 4. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. Councilmember Olson requested Items 8.5, Employment Agreement - Executive Assistant to City Council, and 8.6, Ordinance Amending Chapter 6.60 Entitled Disaster Preparation, Emergency Coordination, and Civil Emergencies, be removed from the consent agenda. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES OF JANUARY 17, 2023 2. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 17, 2023 3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS Edmonds City Council Approved Minutes January 24, 2023 Page 7 4. APPROVAL OF CLAIM CHECKS ITEMS REMOVED FROM CONSENT COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PUT EMPLOYMENT AGREEMENT - EXECUTIVE ASSISTANT TO CITY COUNCIL AND ORDINANCE AMENDING CHAPTER 6.60 ENTITLED DISASTER PREPARATION, EMERGENCY COORDINATION, AND CIVIL EMERGENCIES AS THE FIRST ITEMS UNDER COUNCILL BUSINESS. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL BUSINESS 5. EMPLOYMENT AGREEMENT - EXECUTIVE ASSISTANT TO CITY COUNCIL Councilmember Olson said she made two minor changes in coordination with the HR director, city attorney and the employee, and advised council via email. She reviewed the changes, in Section 1, the expiration date of the contract was changed by one day and the step increase changed by one month. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE EMPLOYMENT AGREEMENT – EXECUTIVE SESSION TO CITY COUNCIL. Councilmember Olson said she explained the reasons for the change in the email, it was related to the transition between council presidents. Councilmember Paine did not support the amendment, commenting the executive assistant works hard every day, and her step increase should start at the same time as other City employees. When the executive assistant’s contract was discussed at a committee meeting, it was impressed on her after the meeting not make special arrangements for the council executive assistant. Changing the dates does not help anything and she urged the council not to change the contract. Councilmember Olson agreed the council executive assistant is an amazing employee. These changes were based on a holistic look that included consideration of the 2022 agreement. HR verified the one month difference is no problem for them and in fact might be slightly simpler as that is when the contact is executed. Council President Tibbott did not support the proposed amendment to the contract. There is a process for approving the contract, it was vetted during the committee meeting and approved by both the HR director and the city attorney. Councilmember Nand explained the PSPHSP Committee discussed whether it would be prejudicial to the current executive assistant or her successors to have the contract start January 1 and the step increase effective February 1. It was recommended the contract start February 1 to give the new council president a month to decide whether to retain or replace the council executive assistant and having the step increase effective on February 1 makes it easier because that is the contract start date. She did not think having the contract start date and the step increase date as February 1 would prejudice the interest of the council executive assistant. Further this is a technical change that does not affect her compensation in any way. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBER TEITZEL, CHEN, BUCKSHNIS, OLSON AND NAND VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBER PAINE VOTING NO. Edmonds City Council Approved Minutes January 24, 2023 Page 8 6. ORDINANCE AMENDING CHAPTER 6.60 ENTITLED DISASTER PREPARATION, EMERGENCY COORDINATION, AND CIVIL EMERGENCIES Councilmember Olson advised one amendment made during the council meetings was not reflected in the ordinance. That amendment was provided to council via email and at the dais. She pulled this item so the ordinance could be amended. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE 6.60 AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. DECISION ON EMERGENCY INTERIM ORDINANCE 4283 - CG DESIGN REVIEW PROCESS AND STEP BACK Senior Planner Mike Clugston explained this item is back to council following a public hearing held last week. The city attorney prepared both a resolution in support of retaining the findings of the interim ordinance, and a repealer of the emergency ordinance. The emergency Ordinance 4283 was not included in the packet, but it is the same ordinance that was in last week’s packet and was provided to council this afternoon by the city clerk. He noted with the step back language as proposed in Ordinance 4283 would apply not only to step backs across street from a residential zone but also to adjacent properties. Both are something the ADB could decide not to apply. He did not believe that was the intent pf the language. Planning & Development Director Susan McLaughlin commented there have been emails and public comment about Resolution 1367 which was provided in tonight’s and last week’s packet. The reason staff included it was to offer transparency about a historic document that showed intent to reduce the ADB’s quasi-judicial decision making so she felt it was relevant to address it as part of this ordinance. She recommended creating a resolution stating where the council stands now to justify the emergency ordinance. There has been an ordinance since the resolution stating intent, but it did not stay the course, it was a step in the process by the council in accordance with Resolution 1367. Councilmember Teitzel relayed Ordinance 4154 was adopted by council after Resolution 1367 was adopted in 2016. There was quite a bit of process in 2018 and 2019 including public hearings, planning board consideration, and city council public hearings and consideration, before Ordinance 4154 was adopted. In looking at the narrative, Ordinance 4154 conveys that council intended to have the ordinance and the associated ECDC read as council chose it to read at that time. Although Resolution 1367 was valid at the time, additional process occurred to further show council intent. The council’s intent was that council and boards and commissions in some cases be removed from quasi-judicial decisions, but not in all cases. In fact, it was council’s intent that the ADB be involved in Type III design review decisions. Mr. Clugston said he looked through the planning board and city council minutes for Ordinance 4154 and at no point was the ADB’s review process discussed in any significant way. It was all about getting council out of quasi-judicial decisions like closed record appeals. The reason the design review was moved from Type IIIB to Type IIIA was to get it out of council appeal and become a judicial appeal. The only things left on council appeal are conditional use permits and variances by the hearing examiner. The intent of that ordinance was to reduce the council’s exposure to quasi-judicial decisions, but none of the discussion addressed the ADB’s review process. The intent as expressed in the resolution is that the ADB get out of quasi-judicial. If the council’s thinking has changed, it would be good to have a new resolution expressing that because the current resolution states the council wants to get the ADB out of that decision-making process for the reasons outlined in Resolution 1367. Councilmember Buckshnis commented this reminded her of the time old resolution were found that made no sense such as one regarding council procedures and the council finally moved to using Roberts Rules. She asked if the council should repeal Resolution 1367 and just work with Ordinance 4154. In her Edmonds City Council Approved Minutes January 24, 2023 Page 9 opinion, and she lived through that era, she did not want to remove the council from quasi-judicial, but she knew the ADB was part of this process because their expertise is needed. She asked what the city attorney suggested since the administration is suggesting the council do something. City Attorney Jeff Taraday recommended the council discuss that separate from the current issue. The decision today is whether to leave the interim ordinance in place. The council should revisit Resolution 1367 if for no other reason that everyone is clear what the council wants staff to work on. For example, if the council does not want staff to bring an ordinance in the future that takes the ADB out of quasi-judicial land use decision making, that would be good direction to provide to staff. He reiterated that is not a discussion for now, it is a discussion for the future. Councilmember Buckshnis pointed out it was brought up by the administration and she recalled there was different intent as Councilmember Teitzel explained. With regard to the adoption of findings, Councilmember Buckshnis asked why Ordinances 4078 and 4079 were not included in the findings of fact, noting Ordinance 4079 also deals with the subarea from the SEPA standpoint, environmental issues, which is the main crux of a lot of things the council wants to look at. She asked who wrote the findings of fact and why all the ordinances were not referenced. Mr. Taraday described his thought process when drafting findings, he was not seeking to include in a resolution a comprehensive history of every single council action that led up to this moment. If the council wants that in the future, he is happy to do it but historically and in this resolution, that was not how he scoped his work. In drafting a resolution with findings of fac, his intent is to articulate the reasons why this particular interim ordinance is necessary for the next six months. It is a fairly focused drafting of the findings, not a broad scope. If the council feels it is too narrowly focused and wants a more comprehensive history, the council should provide that direction and he will draft it accordingly. The findings of fact are not written in stone and the council can amend them before they are adopted. Councilmember Buckshnis commented Ordinance 4078 is about the subarea plan and CG zones and Ordinance 4079 “is right next to it.” She would have put weight on Ordinance 4079 and thought if Ordinance 4078 is included, Ordinance 4079 should also be included as it was a companion ordinance to go along with the CG. Mr. Taraday said the findings of fact could have referenced Ordinance 4077 too as all three were adopted back to back. Ordinance 4078 is the development regulations, Ordinance 4079 is the planned action, and Ordinance 4077 is the subarea plan; when he was preparing the findings of fact that relate to amending the development regulations, the development regulations were in Ordinance 4078. To him, the most relevant of the three ordinances was 4078 because it contained the development regulations that are being amended with the interim ordinance. He reiterated the findings of fact are not set in stone and the council should free to amend them to make them their findings of fact. He was only trying to give the council a head start by presenting proposed findings of fact for the council’s consideration. Councilmember Buckshnis said she will probably amend the findings after other councilmembers speak. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE AND ADOPT ORDINANCE NO. 4283 AND THE ASSOCIATED FINDINGS OF FACT, AN EMERGENCY ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING INTERIM DEVELOPMENT REGULATIONS TO CREATE A PUBLIC DESIGN REVIEW PROCESS FOR THE CG ZONE. Councilmember Teitzel commented the council has discussed step backs at great length. He emphasized step backs are not mandated; the design would come to the ADB for design review and the ADB is the best equipped of any board to review these. The ADB will consider the design and consider whether it is appropriate for the neighborhood, especially neighborhoods adjacent to single family residential zones as this one is. Edmonds City Council Approved Minutes January 24, 2023 Page 10 Mr. Taraday clarified the motion as stated was to adopt an ordinance that has already been adopted; he believed Councilmember Teitzel may have intended to adopt the findings of fact that support that ordinance, not the ordinance itself. Councilmember Teitzel restated the motion: TO ADOPT THE FINDINGS OF FACT THAT SUPPORT ORDINANCE 4283. Councilmember Chen asked for clarification, the findings of fact support Ordinance 4283 which goes into effect in six months from the adoption date. Mr. Taraday explained the council adopted Ordinance 4283 previously and it is already in effect. The only question before the council tonight is whether to leave Ordinance 4283 in effect for a long enough period of time that the planning board can review it and provide a recommendation on a permanent ordinance. The other alternative is to repeal Ordinance 4283. The findings of fact he proposed for council consideration are justification to leave Ordinance 4283 in effect. Councilmember Chen observed Ordinance 4283 only applies to development adjacent to single family zoning and not to other commercial zones within the CG zone. Mr. Taraday referred to language that Mr. Clugston brought to the council’s attention that may have been inadvertently expanded the scope of the ADB review beyond what the council originally intended. Generally speaking, the scope of Ordinance 4283 only applies to the CG zone, it does not apply to zones outside of the CG zone. Councilmember Chen asked if it would only impact development adjacent to single family zoning, not the entire CG zone. Mr. Clugston explained the proposed language only applies to the CG zones, however, the way the step back language is worded in the interim ordinance, it addresses the across street step back as well as the adjacent step back. He opined the intent was to add the across the street step back and make that subject to ADB design review. The way the language reads, it also makes the adjacent step back subject to ADB review. He asked for clarification whether that was council’s intent. Councilmember Chen observed the ordinance would grant that quasi-judicial power to the ADB to make that recommendation. Mr. Clugston agreed, it would task the ADB with reviewing additional projects and to make a call about step backs each time one of those projects is reviewed, not only across the street from single family residential zones but also adjacent to single family residential zones. Councilmember Nand spoke in favor of the motion, specifically the adoption of findings of fact due to Section 1.e.5 which highlights the creation of equity in public process between the BD zones and the Highway 99 subarea. Establishing equity in public process is very important for various areas of the City. She supports maintaining the interim ordinance and sending it to the planning board to continue the political process. That would be an appropriate expression of the public will as processed over the last few months. Councilmember Paine asked when the SEIS will be completed. Ms. McLaughlin answered the new planning manager started a couple weeks ago and their work plan is being reviewed including the SEIS in relation to the comprehensive plan scoping and understanding where they are linked. She did not have an exact answer. Councilmember Paine commented the findings of fact reflect the circuitous route that has been taken. The land use regulations definitely circumvent past decisions and best practices as was pointed out last week by the attorney representing the developer of the project. The City does not allow for consistent, predictable regulations. The last two multifamily projects came forward in a very circuitous way and both required emergency ordinances. The need for emergency ordinances as the go-to means the system has failed in many ways and does not honor the practice that is in place. She recalled being in the audience when the council decided to make a change to the quasi-judicial process. She also recalled discussion Edmonds City Council Approved Minutes January 24, 2023 Page 11 about how council would participate in quasi-judicial matters but did not recall if there was discussion related to the planning board and/or ADB. Going back and forth over the past 8-9 months is not serving the broader community and she questioned how continuing to adopt emergency ordinances for every multifamily project guaranteed the community that the plans the council adopts are being honored in a meaningful way. Councilmember Paine pointed out projects can be delayed by 6-8 months which may result in a project moving to a different community. The City needs to welcome multifamily projects. There is a housing shortage, an issue the legislature and many communities are talking about. The City needs to find a path to allow multifamily housing in Edmonds in all shapes and forms. There is stagnation in the market because there is no place for people to move to, something that the council and the community needs to address. She applauded the planning & development department for ensuring there is broad public outreach and engagement to offer the most successful path. She was supportive to a certain extent of the SEIS process because it will add better information, but if it will not be done before 2024, it will stall creative, thoughtful projects by the development community in Edmonds. She suggested the council, planning board and ADB talk about that. She expressed support for the findings of fact, but it is time to consider how the council is impacting the laws, regulations and not addressing a critical issue in the state. Councilmember Teitzel read the amended language in Item D in Attachment A to Ordinance 4283, regarding building step backs: With regard to the point of the ADB looking at a design review for a large building, to the extent that building is directly adjacent to single family homes, it would be extraordinarily unlikely the ADB would determine that step backs were not required. Therefore, this is a difference without a distinction and the language as proposed is fine. Councilmember Buckshnis thanked the planning & development department, there are two projects with over 500 units being constructed on Highway 99 and plenty of units being constructed on Edmonds Way, none of which required a moratorium. Per the last report, there are 1000 units coming on line in Edmonds. Councilmember Buckshnis said Ordinance 4079 contains development thresholds which are land use, non-residential and residential. She asked for Mr. Taraday’s opinion, commenting she believed Ordinance 4079 should be included in the findings of fact because it deals with transportation, traffic mitigation, etc., a lot of things other than just setbacks. She understood Mr. Taraday did not want to include the entire history and include Ordinance 4077, but Ordinance 4079 adds the nuance of the fact that there is an environmental impact of all development which is what the ordinance addressed. Mr. Taraday said he was not sure what Councilmember Buckshnis wanted him to opine on. Councilmember Buckshnis referred to language in the findings of fact that five years ago the council adopted 4078 which updated the CG site development standards in accordance with the Highway 99 Subarea Plan. She pointed out the council also adopted Ordinance 4079 five years ago which established a planned action for the Highway 99 Subarea Plan which deals with the SEPA aspect. She wanted to Edmonds City Council Approved Minutes January 24, 2023 Page 12 ensure the SEPA aspect was addressed since a new SEIS will be conducted. She noted how Mr. Taraday compartmentalizes things is different than how she compartmentalizes things. Mr. Taraday said he has no objection if the council wants to amend the findings of fact to reference Ordinances 4077 and 4079. He did not think it was necessary but if the council wanted a more comprehensive history in the findings, it would be easy to amend the resolution to do that. Councilmember Buckshnis said Ordinance 4077 just establishes the Highway 99 subarea so she agreed that did not need to be included in the findings of fact. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADD ORDINANCE 4079 INTO THE ADOPTION OF FINDINGS OF FACT BY ADDING, “SINCE THE 2017 ADOPTION OF ORDINANCE 4078 AND 4079, WHICH ESTABLISHES THE CG SITE DEVELOPMENT STANDARD IN ACCORDANCE WITH HIGHWAY 99 AS WELL AS ESTABLISHED A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT.” Councilmember Buckshnis commented it is important to include that in the findings of fact as SEPA impacts the development aspect of things. Councilmember Paine did not support the amendment as it was not part of the discussion during this process. Ordinance 4079 deals with a different aspect and Ordinance 4078 deals with the CG zone. Councilmember Teitzel said he did not support the amendment because Ordinance 4077 and 4079 are both addressed in the first whereas clause of the findings of fact and the conclusion takes care of that issue. UPON ROLL CALL, AMENDMENT FAILED (1-6), COUNCILMEMBER BUCKSHNIS VOTING YES; COUNCILMEMBERS TEITZEL, CHEN, OLSON, PAINE, AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. Councilmember Olson was excited to hear that work has started on planning for the SEIS. She expressed support for the motion to add ADB review, an exciting and positive development for properties in the CG zone that border single family. She originally voted against the step back language, and with the new information, she would vote no again. She hoped the planning board would look closely at vetting that element. MOTION CARRIED UNANIMOUSLY. 4. DISCUSSION OF PLANNING BOARD QUALIFICATIONS Council President Tibbott said this will be a presentation regarding the powers and duties of the planning board, reflections based on input from former planning board chairs, how the council got to this point, and how the recommendations came to council. At the end of his presentation he is seeking input from council regarding their reflections on the discussion, presentation and any additional qualifications that should be considered. The packet includes factors informing planning board selection, which was taken directly from the ordinance, ECC 10.40.020 which he is using as a summary. He reviewed: • Planning Board Membership should represent: o Diverse Occupations o Diverse Experiences o Various Geographical areas • Planning Board appointment and attendance requirements: o Serve a four year term o Regularly attend two meetings per month on the 2nd and 4th Wednesday o Attend as needed to consult with the Mayor and City Council several times/year. Edmonds City Council Approved Minutes January 24, 2023 Page 13 • Powers and Duties of a Planning Board member (from the RCWs and adopted City code) o The Planning Board serves in an advisory capacity to the Mayor and City Council in the following manner:  Advise and review the City’s Comprehensive Plan  Report on need for changes  Hold public hearings  Make recommendations on the development code  Make recommendations for zoning and rezoning  Advise on parking matters  Serve on the Parks Board and advise on: - Land acquisition - Development of city parks and recreation facilities  Conduct research assigned to the board  Analyze data and organize findings To help councilmembers understand what is required to fulfill these duties, Council President Tibbott explained he talked to three former planning board chairs as well as the current chair and asked what qualifications new planning board members should have. He reviewed their responses: • Diversity of thought and perspectives are important, but they should possess a working knowledge of zoning and ordinances and be prepared to offer credible input to the mayor and council • The primary role of the planning board is to update and revise the comprehensive plan • They need to know about budgeting, reviewing documents and offering advice • Helpful work experiences would include builders, lawyers, engineers, real estate professionals, environmental scientists, and city government specialists • They should also know the protocols for a good planning process and it helps to know about zoning and in particular city governance Council President Tibbott said the final question he asked each former planning board chair was whether the planning board was a good place to learn the ropes for city government or was it a place to bring their experience and understanding of city planning. They agreed it was a place for people to bring their proven experience. As a former planning board chair himself, Council President Tibbott said he served on the planning board for 4 years, attended almost 100 meetings including several public hearings of some importance and several quasi-judicial reviews. He agreed with the assessment of the planning board chairs he interviewed that the planning board is not a place to learn the ropes of city planning, it is a place to bring proven training and skills. With regard to the selection process, as he said last week, the administration did nothing wrong in bringing forth their recommendation as far as the rules in the code are concerned. However, that doesn’t mean that the process wasn’t flawed. The selection process lacked due diligence. The council was never notified that other positions besides the alternate were being considered. The public was not given an opportunity to apply for those open positions and that lack of due diligence resulted in a smaller pool of applicants than would usually be considered for the planning board. Typically there are 2-3 applicants per opening,; there should have at least 8-12 applicants or more for the open positions. This time five applied for the alternate position. Those were a great pool of candidates, but the council has heard of others who would have liked to have been considered if the opportunity were offered. Was the process legal? Yes. Was it acceptable? In his mind, no, which leads him to wonder where we go from here. He invited councilmembers to provide their thoughts on the qualifications for planning board members and their reflections on the process that brought the council to this decision point tonight. Edmonds City Council Approved Minutes January 24, 2023 Page 14 Councilmember Buckshnis said she was a little perplexed because she thinks the planning board is a very important stepping stone for digging into things for the council. She has had good relationships with planning board members and she likes reading their minutes. It takes a lot to apply for a planning board position and she gave a lot of credit to those who did apply. She welcomed volunteers, but like Council President Tibbott said, the council is in a perplexing situation because she knew of at least one citizen who wanted to be on the planning board but didn’t apply because the only position posted was the alternate. The council could go back to square one and start over, but the mayor may chose the same four people and then time has been wasted. She appreciated everyone who applied, and was glad processes have been created so something like this does not happen again. Councilmember Teitzel said his concerns are similar to Councilmember Buckshnis’; the council is in a bind because the city, council and planning board have very important work to do and the longer the council waits to fill these positions, the harder it will be to get that work done. Having said that, he has personally been contacted by three highly qualified individuals who have lived in Edmonds a long time and would be excellent planning board members. They did not apply for the planning board position because the position advertised was the alternate, a non-voting position. It is unknown whether the mayor would have selected them if they had applied. The fact is the pool of candidates is smaller than expected for that reason. When looking at the requirements that Council President Tibbott mentioned, one of the top three is the planning board should represent various geographical areas. However, in the applications that were provided to council, that information is redacted so he has no idea where they live and whether they contribute to or detract from the geographical diversity the City is trying to achieve. He agreed with Council President Tibbott that the process as it was followed was not illegal or against the rules, but it certainly was not sufficient in his mind. Councilmember Olson said in addition to what has been stated, she was looking for a deep knowledge of Edmonds and municipal governments in general, knowledge of what the planning board and council are doing in the current day, and working knowledge of codes and ordinances. There is a history in Edmonds of having the apple cart turned over at the end of processes; the value of having over-qualified advisory boards is they can dig in, vet and bring things to the surface early so they can be considered during that path and then hopefully by the time the matter gets to the end, residents have weighed in and councilmembers have had time to be thoughtful about those inputs. She was looking for people who were ready to dig in in those ways. She did not believe there was any ill intent; there are a lot of things going on and it is always juggling process. The process ended up not being open and transparent and it denied people who would have considered only a full voting position the opportunity to apply because they did not know the other three positions were open. She concluded that was what bothered her about casting votes in this process. Councilmember Paine said she did not have any recommended changes to ECC 10.40 at this time. Diverse occupations is helpful and healthy, diverse experience is valuable. Marvelous observations have been forwarded from the planning board to the council in the past and she did not expect that to change. If council wants to make other changes, she questioned when they would be made, recalling revisions had been made in 2021. She hoped when something needed to be changed in an ordinance, it was changed with a 20-year horizon and not an 18-month horizon like what the council is considering now. Councilmember Chen commented ECC is 10.40 is well documented. In terms of public outreach, there is always room for improvement like what was discussed last Tuesday about potentially advertising positions in different languages to reach different, diverse residents of Edmonds. That is a topic for the future; at this point the process was followed and the mayor has chosen candidates. He expressed appreciation to residents who were willing to apply and commit their time, energy and expertise. He Edmonds City Council Approved Minutes January 24, 2023 Page 15 summarized there is room for improvement, but at this point the candidates are eager to contribute and he was ready to confirm them. Councilmember Nand echoed some of Councilmember Chen’s comments and directed her comments to the volunteers who applied. While the council is interacting with the administration at a very high level, she wanted to ensure volunteers who offered their time and enthusiasm to serve the City do not feel disrespected by this discussion. She appreciated them put their names forward and while there are things on the back end that the council may want to change with regard to how the selection process and advertising was done, the council appreciates the candidates’ enthusiasm and willingness to commit their time and energy to the City. She started as a volunteer on the Mayor’s Climate Protection Committee, motivated by the Trump administration pulling out of Paris Accord. Everyone finds their way to volunteerism in the City and she assured this discussion was not a reflection on the candidates’ qualifications or abilities. She noted as a volunteer, anything they do not know can be quickly supplemented by very kind people including other volunteers, staff members, consultants, etc. Council President Tibbott said having heard the difficult position the council was put in, he hoped citizens understand the importance of the confirmation process for the planning board and the work the council has done to come prepared tonight to make a decision. The council’s job as legislators is to act as a balance to the two other branches of government. In this case, the council needs to choose board members who are ready to make a contribution to the planning board. This board demands a high level of deliberation on topics that are unique to city government. This is especially true with the update of the comprehensive plan during the next two years. Tonight he did not want the council to debate the merits of each candidate one by one; instead, this presentation was an opportunity to voice criteria for making a choice and when the council takes its vote, the public will know they are doing their best under the circumstances. This discussion could have been tabled and the process started over, but the council is at this point, better or worse, and needs to move forward. As a result, he is prepared to vote. If some or all of the candidates do not make it through the confirmation process, it should not reflect poorly on their character or commitment to the City. He appreciated their applying for such a high level responsibility in the City and whatever happens, he hoped the candidates would continue to be involved and look for other places to serve as there are many openings on boards and commissions. 3. CONFIRM APPOINTMENT OF BOARD/COMMISSION MEMBER COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO CONFIRM APPOINTMENT OF JEREMY MITCHELL TO POSITION #3 ON THE PLANNING BOARD. MOTION CARRIED UNANIMOUSLY. 4. CONFIRM APPOINTMENT OF BOARD/COMMISSION MEMBER COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO CONFIRM APPOINTMENT OF LAUREN GOLEMBIEWSKI TO POSITION #2 ON THE PLANNING BOARD. MOTION CARRIED UNANIMOUSLY. 5. CONFIRM APPOINTMENT OF BOARD/COMMISSION MEMBER COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO CONFIRM APPOINTMENT OF SUSANNA LAW MARTINI TO POSITION #1 ON THE PLANNING BOARD. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, BUCKSHNIS, PAINE AND NAND VOTING YES; COUNCILMEMBERS TEITZEL AND OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING NO. 6. CONFIRM APPOINTMENT OF BOARD/COMMISSION MEMBER Edmonds City Council Approved Minutes January 24, 2023 Page 16 COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO CONFIRM APPOINTMENT OF NICK MAXWELL TO THE ALTERNATE POSITION ON THE PLANNING BOARD. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS CHEN, BUCKSHNIS, PAINE AND NAND VOTING YES; COUNCILMEMBERS TEITZEL AND OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING NO. 10. MAYOR'S COMMENTS Mayor Nelson thanked the Multicultural Association of Edmonds for a wonderful Lunar New Year celebration on Saturday. Although it was rainy and cold, people were there for hours enjoying the dancing, martial arts and break dancing. 11. COUNCIL COMMENTS Councilmember Teitzel reported he also attended the Lunar New Year celebration and found it very uplifting. He complimented Councilmember Chen for his very well thought out remarks. It was a great celebration in concert with the holiday market and he complimented everyone involved. Councilmember Chen reported he enjoyed the Lunar New Year celebration. Unfortunately on Lunar New Year Day, during their celebration, a window at the Northern Seattle Grace Church on Highway 99 was broken by a rock thrown through the window. He expressed his sincere appreciation to public works, the mayor and council who were very caring and deployed resources and reached out to contractors to negotiate next steps in repairs and looking into the incident. The Lunar New Year holiday was great, and everyone who attended was in high spirits. Councilmember Olson commented she was sorry to see that the new planning board members were no longer in the room because she would like them to hear what she had to say. She expressed her congratulations to all of them and if any want to learn more about what has been happening at the planning board and/or council, she offered to get together with them one-on-one over lunch or coffee to help them get up to speed. Council President Tibbott echoed Councilmember Olson’s sentiments. One of the joys he has had serving on the council is the opportunity to talk with people who are interested in serving on City government and finding a place that is a good fit for them in terms of their interests and strengths. He echoed Councilmember Chen’s comments about the sincere appreciation for public works. The damage and vandalism experienced by that church was horrible and extremely regrettable and he hoped the perpetrators would be caught and that that would never happen again. The Edmonds community supports diversity and this regrettable act of vandalism does not reflect the desires and appreciation of others in the community. Councilmember Paine congratulated the newly reconstituted planning board and encouraged them to buckle up, eat their Wheaties and Cheerios because it will be very interesting. The growth and learning and breadth of discussions that happen on the planning board are very interesting and she was interested in how they put it all together. Councilmember Paine reported Council President Tibbott and she toured the library with the Sno-Isle executive director. A lot of water leaked into the library; she did not know that the Waste Management drivers were the ones that reported water coming out the front door. She looked forward to having the library back on line. She looked forward to the retreat on Friday and invited the public to attend as it will not be on Zoom or on TV. Edmonds City Council Approved Minutes January 24, 2023 Page 17 Councilmember Paine reported 2023 has been a hard new year on the west coast particularly. She was very regretful about the vandalism that happened to the church on Highway 99 and the loss of life through gun violence this week in Washington and California and it is not even the end of the month. She urged people to contemplate that, we’re all in it together, vandalism is wildly inappropriate and gun violence is never okay. Councilmember Nand thanked the Multicultural Association of Edmonds for putting on an incredible Lunar New Year. She watched the festivities via news reports on My Edmonds News because she was sick and unable to bring her rabbit as promised; she will bring them to other City events. Her heart went out to the Northern Seattle Grace Church for the vandalism they experienced. She knew how frightening it was to be a member of an immigrant community and it happened in your neighborhood. It was terrifying to see on the news that multiple elderly Asian people were murdered at a massacre on Lunar New Year in California. She called on the people of Edmonds to express kindness and a welcoming spirit as much as possible to counteract the negativity, isolation, and fear that people who come from victimized communities are feeling. She was once told that Edmonds is the friendliest city on Puget Sound according to some survey. She encouraged Edmonds residents to continue being friendly in 2023, the Year of the Rabbit, rabbits are very friendly. Councilmember Buckshnis expressed appreciation for the two retired planning board members in the audience. The planning board is a very detailed and comprehensive process. Many citizens were upset that it appeared some planning board candidates were not as knowledgeable about the City, but they went through the process and will have a steep learning curve. She would have preferred to start over but that was not the council’s choice. All the City can do is march ahead; the two planning board members in the audience may be able to help the new members. She expressed appreciation for all the work the volunteers do. She was unable to attend the Lunar New Year festivities, but it looked like great fun. 12. ADJOURN With no further business, the council meeting was adjourned at 8:58 p.m. ____ SCOTT PASSEY, CITY CLERK