2023-03-21 Regular Meeting
Edmonds City Council Approved Minutes
March 21, 2023
Page 1
EDMONDS CITY COUNCIL MEETING
APPROVED MINUTES
March 21, 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
Angie Feser, Parks, Rec., & Human Serv. Dir.
Susan McLaughlin, Planning & Dev. Dir.
Rob English, City Engineer
Mike De Lilla, Senior Utilities Engineer
Tristan Sewell, 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 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 Nand read the City Council Land Acknowledge Statement: “We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water.”
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
4. PRESENTATIONS
1. 2022 PUBLIC DEFENDER'S OFFICE ANNUAL REPORT
Kathleen Kyle, Executive Director, SCPDA, introduced Katie Frazer, supervisor of the SCPDA attorneys
who practice in Edmonds. Ms. Kyle reviewed:
• “Of all the rights that an accused person has, the right to be represented by counsel is by far the
most pervasive for it affects his ability to assert any other rights he may have.”
United States v. Cronic, 466 U.S. 648, 654
(1984)
• 60 Years of Gideon
o Sixty Years of Gideon was celebrated in March. In Gideon v. Wainwright, Mr. Gideon was
accused of burglarizing a pool hall. He was 51 years old at time and an unhoused person and
when the usual suspects were rounded up, an employee of the pool hall identified him as the
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March 21, 2023
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person who had taken money from jukebox and some beers. Mr. Gideon did not have money
for an attorney so he represented himself and was convicted. While serving a 5-year prison
term, he hand wrote a petition to the Supreme Court asking that the 6th amendment be
honored; in a 9-0 opinion, the U.S. Supreme Court agreed and when the case was reversed
and sent back to the trial court, Mr. Gideon, who was represented by counsel, was acquitted.
Cases like Gideon still exist. In a recent store theft case that came through their office (not
Edmonds related), when the usual suspects were rounded up, the perpetrator was identified by
the store clerk as having a distinguishable beard and dark shoes with a light colored stripe at
the bottom. The difference is the person was represented by counsel early in the proceedings
which included an investigator who subpoenaed surveillance from a public entity that showed
the client was sitting on the street corner the entire time and could not have been the person
involved in the theft. In addition, with unhoused persons, beards are not so distinguishable,
there is a ubiquitous unhoused beard. When reviewing the store’s video, it is understandable
why the person, although innocent, was identified.
• Public Defense is important
o Required by law
o Required by a just society
o Work to ensure the most vulnerable are treated with consideration
o Mission to provide the highest quality of representation to people facing loss of liberty
• 2023-2023 Defenders
Ms. Frazer reviewed
• 2023 Edmonds Team
o Shawn Plascencia – case load attorney for Edmonds Municipal Court
o Julie Tangatailoa – legal secretary and does all calendar prep and a lot of client contact
o Stacia Frazer – dedicated Edmonds Municipal Court Investigator
o Katie Fraser - supervisor
o Ali Burton – case load attorney for Edmonds Municipal Court
• Building careers in public defense
o Shawn Plascencia and Ali Burton
• Sustainability & Satisfaction
o Goals:
Prepare attorneys for fulfilling careers as public defenders
Stay in front of labor market shortage
Build technical and relational skills
o Actions:
Fall Core Skills Intensive Trainings and continuing support
Expand and Proactively Recruit Defenders
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Flexible Work Environment and Accountability Assurances
o Core skills 2022
In September of 2022, SCPDA developed an intensive skills training over a 2 week
period
Ms. Kyle reviewed:
o Book Talk with Professor Matthew Clair – “Privilege and Punishment, How Race and Class
Matter in Criminal Court”
Discusses the Importance of Client Centered Representation Public Defense
Ways to ensure that disadvantaged members of our community are included in the
criminal legal system
Question and Answer Session with Defenders on Relational Skills with Clients and
Communities that we represent
Ms. Frazer reviewed:
o Moving Forward – Technical and Relational Skill Building
Using Edmonds Municipal Court and Lessons from the Pandemic to Increase Flexibility
for Defenders and Enhance Accountability
- Remote Appearances – enhances court accessibility for less privileged clients
- Monthly Reports – tracks attorney time and provides enhanced data for lessons in the
future
• SCPDA 2023 On Call Team
o David Roberson
o Ali Burton
o Taylor Severns
o Lindsay Zerfas
o Colin McMahon
o Tori Sullivan Lavoie
o Melissa London
o Catherine Bentley
o Dan Snyder
o Rachel Stine
o Ana Faoro
o Annika Carlsten
o Christine Councilmember Olson
Ms. Kyle reviewed data for 2022
• Cases Assigned by Year – Comparing 2021 to 2022
• Top Charges – Comparing 2021 to 2022
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• Comparing 2021 to 2022 Case Assignments by Quarter
• 2022 Investigations and Social Worker Requests
• Reduction in DWLS 3 Prosecutions Year to Year Comparison
• 2023 Point in Time Open Assignments Graph by Attorney
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• Other Workload Measures
o 74 Investigation Requests
o 17 Immigration Consultations
o 16 Social Worker Requests
o 329 Show Cause Hearings
o 309 Dismissals
o 4 Jury Trials
• Training
o 52 Continuing Legal Education Classes
o 30 SCPDA Coffee Breaks
o 22 Anti-racism Training Meetings
• Anticipating
o National Workload Study
Will likely make recommendations regarding caseloads in a way that will make
sustainable public defender careers but likely reduce the allowed maximum under the
current standards.
o SCPDA celebrates 50 years
Ms. Frazer reviewed:
• Community Involvement
o Edmonds Community Court
o Snohomish County Human Services – Trueblood Housing Vouchers
o Housing Consortium of Everett & Snohomish County
o Snohomish County Juvenile Court Cultural Advisory Committee
o Washington State Bar Association, Council on Public Defense
o Washington State Sex Offender Policy Board, subcommittee members
o Washington Defender Association
o Washington Association of Criminal Defense Attorneys
o Washington State Bar Association Character and Fitness Board
o Teach in programs at UW School of Law and Edmonds College
o Public defenders volunteer at:
Cocoon House, board member
Snohomish County Legal Services, board member
Washington Innocence Project, board member
Puget Sound Prisoner Support
Washington State Sex Offender Treatment Provider Committee
American Academy of Trial Lawyers Fellow – Natalie Tarantino
Guest lecturers at University of Washington, Seattle University, Edmonds Community
College, and Sno-Isle TECH
Jackson High School Mock Trial Coach
Washington Defender Association Trial Skills Academy Instructor – Christine Olson
• Stay Connected
o kkyle@snocopda.org
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o kfraser@snocopda.org
o Website: www.snocopda.org
Councilmember Nand thanked SCPDA for the incredible work they are doing. Noting she is also an
attorney, she was aware a defendant has a right to a fair and speedy trial. She asked with how leveraged
defense attorneys are, how does that affects the delivery of justice to people going through the criminal
justice system and what is the average length of time a person accused of a crime experiences from charge
date to resolution with SCPDA’s current ratio. Ms. Kyle answered she could do some analysis and
provide a more data driven answer. She acknowledged workloads do impair their ability to go to trial in
the first trial term; often jail is a driver. If someone is held on bail, there may be more urgency to plead
guilty to get out such as on the DWLS 3 cases, but also, if there will be a trial, trying to get the trial out in
the 60 day period. That has not been a barrier in the Edmonds Municipal Court. They feel that tension in
the out of custody clients and ensuring the investigation or mitigation is prepared so they do not have to
come back and forth repeatedly. The flexible or remote appearances have eased that somewhat. The
longer someone’s case is pending, the worse their outcomes are. She relayed a lawyer shared with them
that their client was discharged from their job because their employer ran a background check and even
though it was only an arrest and not a conviction, the lawyer wrote a letter to the employer trying to get
their client reemployed. A lot of collateral consequences occur related to employment, housing, education
enrollment, etc.
Councilmember Paine congratulated the SCPDA on their 50th anniversary, commenting that is
remarkable for any nonprofit and particularly one that is providing this type of service. She thanked
SCPDA for including the DWLS 3 data, recalling the council’s resolution asked for an annual report and
review. She found it rewarding that it is working, that clients are getting into the relicensing program and
it also reduces jail costs for the City; Snohomish County Jail costs have increased 40%-50% in the last
two years, a significant increase. She expressed interest in the National Workload Study and what that
might mean for Edmonds. When that study is completed and some analysis has been done, she suggested
a letter from SCPDA regarding those impacts could be on the council agenda under Received for Filing.
Councilmember Teitzel thanked SCPDA for the good work they are doing for the community. He referred
to equity in the community, a conversation that has occurred at the national, state and local level for the
past few years. He asked about the racial makeup in SCPDA’s caseload over the past 4-5 years, whether
it was staying the same or whether it was it changing. Ms. Frazer answered although incredibly important,
SCPDA has not tracked that, but relies on outside sources for demographic information on clients which
was only recently identified as a failing. SCPDA’s legal secretary unit created a project whereby at the
first point of contact with their office, clients self-identify their demographic information so SCPDA can
track it. SCPDA does not have reliable information on the equity of its current clientele but they are
dedicated to obtaining it.
Ms. Kyle commented they see a lot of racial disparity in their work. American Equity Group has created a
dashboard that shows racial disparities both locally and statewide. The data is currently based solely on
felonies and conviction data information but is being expanded. She offered to provide Edmonds a report
on that data, noting it will provide a snapshot of what’s happening in the community although not
specifically in Edmonds Municipal Court.
Councilmember Chen thanked SCPDA for their amazing work defending the community especially the
most vulnerable and voiceless. He asked how clients were referred to SCPDA, whether it was through law
enforcement. In addition, if someone has a language barrier, how do they get to SCPDA. Ms. Kyle
answered SCPDA is not the point of referral; she believed it was the court itself. Edmonds law
enforcement is self-referring, law enforcement enter the charge into the court system and are often the
point of contact. She was unsure if Edmonds law enforcement used multilingual forms. Ms. Frazer said
most police agencies are well trained on the language line. At the point someone is arrested and read
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Miranda Rights, if a language barrier is identified, officers will contact the language line to effectively
communicate with the person. It is their best practice and if they do not do that, it is a problem SCPDA
gets to work with.
Ms. Fazer continued, explaining one thing unique to Edmonds Municipal Court is provisional
appointments, where SCPDA is pre-assigned a case prior to an arraignment (someone’s first official
hearing with the criminal legal system). Their office is able to reach out to the people they are
representing to ensure they have effective communication available. Ms. Kyle commented a person has to
appear to get the information to contact SCPDA. Once they appear (via calling in or being physically
present), they are financially screened to be appointed and if they meet those criteria, they are referred to
SCPDA. The court also has access to the language line. Only a small percentage of cases in Edmonds
require interpreter services. She offered to provide a list of languages used in Edmonds and the frequency.
Councilmember Chen cited the statistic that there are approximately 130 different languages spoken at
home in Edmonds. The fact that there was a low use of other languages shows there is potential.
5. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described the procedures for audience comments.
Gala Shoemake, Interfaith Climate Action, expressed their strong commitment for the Climate Action
Plan (CAP) and hoped the council would approve and support it as soon as possible. The organization is
also interested in the CAP tracking tool and look forward to seeing specific action plans listed in the CAP.
The CAP is a comprehensive plan that will require extensive follow-up. They congratulated the City on
meeting the goals of the 2010 CAP; most if not all the goals listed for the City were met and the city
council must be credited for that good work. That part of the previous CAP was very successful and she
anticipated the City would continue that excellent work. The majority of citizens and some businesses did
not meet the goals established in 2010 and that is where the City must spend its leadership and time in
capturing the support of Edmonds residents and businesses to meet the CAP goals. It will require a huge
effort, but it must be done. After the last CAP, there was no push from the City for individuals to do their
part; now there is no choice as it is essential. She believed the residents of Edmonds sincerely care about
the future of the community, their children and grandchildren and will step up to the challenge. The City
must put forth such a challenge by encouraging, leading, motivating and even rewarding individuals and
businesses that take serious steps to reduce their own carbon footprint. It must be a major goal. She
relayed their suggestions, 1) approve the CAP, and 2) lead residents and businesses in meeting their
requirements as listed in the 2023 CAP. The City is on a roll and needs to keep going.
Nick Maxwell, Edmonds, echoed Ms. Shoemake’s comments. He noted there are 62 different
recommended actions in the CAP which is a plan for the next 27 years until 2050. He was unclear which
actions would be taken first and he looked forward to hearing from the city council and staff the first task
to pursue. He recommended the City get the first task underway and then think about what comes next. If
there is disagreement on the first task and there are eight different recommendations, he suggested doing
all eight of them and not let disagreement slow the process.
Marlin Phelps relayed Albert Einstein’s said the world will not be destroyed by those who do evil, but by
those who watch them without doing anything. Prior to the SCPDA taking over as the public defender, he
was charged with a misdemeanor crime which he was innocent of. The police report included exculpatory
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evidence that would have easily cleared him of the crime. He met with Jim Feldman, the public defender
at the time, and pointed out those items in the police report. When he later met with his assigned attorney,
all the exculpatory evidence was redacted and he knew it had been redacted by his attorney. He had
misgivings about Mr. Feldman and his criminal defense attorneys. The public defender contract was later
given to SCPDA and when he visited Mr. Feldman’s office, Mr. Feldman blew up because he knew Mr.
Phelps was the reason they lost the contract. The City has come a long way since contracting with
SCPDA; Kathleen Kyle not only does a wonderful job, she also believes in what she does. The previous
police chief, judge and other who practiced law for the City were criminals. When he was charged with a
crime, it was to frame him for the murder of U.S. Attorney Thomas Wales who was shot four times while
sitting in his Queen Anne home. The council has the constitutional authority to inquire regarding what
happened in that case.
Peter Moon, Edmonds, a resident on Olympic View Drive, expressed interest in working with the city
council, police, and city engineer to slow traffic on Olympic View Drive which has been become
extremely dangerous. Olympic View Drive is a high volume thoroughfare for traffic, pedestrians
including kids, and an increased number of delivery trucks and the speeding has become virtually
intolerable. He recently discovered the City is implementing a traffic calming study which he applauded.
He completed the form and has gotten the necessary petitions signed and will be delivering them to the
city engineer tomorrow. He has talked with and met with the traffic engineer and the police department.
His goal is to work closely with the City to find a positive, constructive solution to this problem. He
applauded the City for the pedestrian safety measures that have been implemented in the last couple years
including lights at various crossings. He looked forward to working with the City in the weeks ahead and
introducing residents of his neighborhood on a weekly basis so they can tell their stories about traffic,
speeding and the challenges faced by residents on Olympic View Drive.
Nancy Johnson spoke in strong support of the CAP. She hoped the council would adopt the CAP and as
Mr. Maxwell said, start immediately and accomplish the actions as quickly as possible. She also
expressed support for Ms. Shoemake’s comments.
7. RECEIVED FOR FILING
1. CLAIM FOR DAMAGES FOR FILING
2. DISPOSED ASSETS - 2022
3. JANUARY 2023 MONTHLY FINANCIAL REPORT
4. 2022 TRANSPORTATION IMPACT FEE ANNUAL REPORT
5. 2021-2022 TRANSPORTATION BENEFIT DISTRICT REPORTS
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
APPROVE THE CONSENT AGENDA.
Councilmember Buckshnis requested Items 8.1, Approval of Special Meeting Minutes of March 7, 2023,
and 8.2, Approval of Regular Meeting Minutes of March 7, 2023 be removed from the consent agenda so
she could abstain as she was absent from the meetings.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
3. APPROVAL OF COUNCIL COMMITTEE MINUTES MARCH 14, 2023
4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT.
5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS.
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6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE BLUELINE
GROUP TO PROVIDE DESIGN ENGINEERING SERVICES FOR THE PHASE 14
WATERLINE REPLACEMENT PROJECT.
7. APPROVAL OF AMENDMENT TO THE DEPARTMENT OF ECOLOGY AGREEMENT
- 2021-2023 BIENNIAL STORMWATER CAPACITY GRANT
8. CIVIC PARK - WALKER MACY CONTRACT AMENDMENT NO. 3
ITEMS REMOVED FROM CONSENT
1. APPROVAL OF SPECIAL MEETING MINUTES MARCH 7, 2023
2. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 7, 2023
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO APPROVE THE SPECIAL MEETING MINUTES MARCH 7, 2023 AND THE REGULAR
MEETING MINUTES OF MARCH 7, 2023. MOTION CARRIED (6-0-1) COUNCILMEMBER
BUCKSHNIS ABSTAINING.
9. COUNCIL BUSINESS
1. 2023 EDMONDS CLIMATE ACTION PLAN
Planning & Development Director Susan McLaughlin introduced Planner Tristan Sewell. She expressed
appreciation for the community feedback, noting development of the 2023 Climate Action Plan (CAP)
has been a 2+ year process during which a significant amount of community feedback has been provided.
She requested council consideration of the adoption of the CAP by resolution as included in the council
packet. She reviewed:
• Who worked on the plan
o City of Edmonds Staff
Susan McLaughlin, Planning & Development Director
Tristan Sewell, Planner
Shane Hope, former Development Services Director
Kernen Lien, former Planning Manager
o Consultant team
ESA
Cascadia
Good Company
o Key inputs
Mayor
General public
Climate protection committee
Youth Commission
Planning Board
• Background
o In 2006, COE formally expressed support for the Kyoto Protocol, adopted the US Mayors
Climate Protection Agreement and joined the International Council for Local Environmental
Initiatives
o In 2009, Edmonds adopted a Sustainability Element of the Comprehensive Plan
o The City of Edmonds’ 2010 CAP set goals to substantially reduce GHG emissions generated
by the Edmonds community
o In 2017, in response to the Paris Agreement, city council passed a resolution to update the
CAP recognizing the advancements in science and reporting
o In 2018, consultants were hired to prepare a new GHG inventory and to establish a new
science-based target
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A science based target represents an overreaching global target that humanity can
collectively work toward
o In 2020, Edmonds City Council adopted a science-based target of 1.5 degrees C
Achieving this means eliminating or offsetting all GHG emissions by 2050
• Edmonds has a long-standing commitment to Climate Action
o 2011: Adopted a Complete Streets ordinance, resulting in 15 miles of new bike lanes, with 6
more miles planned for 2023
o 2012: City developed an Energy Plan to guide future investments
Over a ten year period, the City reduced municipal energy consumption by 15%
o 2016: Council passes resolution adopting zero waste and beyond waste as long term goals
o 2018: City challenged community to reduce GHG emissions through the Taming Bigfoot
competition
o 2019: Council adopted reduced residential parking standards in Downtown Business zones
o 2019: Edmonds Marsh Baseline Monitoring Study was completed which establishes health
and biodiversity of the marsh ecosystem, which is relevant as we aim to maximize carbon
sequestration while dropping emissions
o 2020: EPA awarded Edmonds wastewater treatment plan a 2020 Utility of the Future Today
for its efficiency improvements
Reduces electricity consumption by 19% and fuel oil consumption by 44%
• CAP Development Process
o December ’20-Feb ‘21
Material Development
- Project material development and website launch
- February: Online open house
o Feb ’21 – Aug ‘22
Spread the Word
- March: community workshop
- April: Community feedback survey
- June: community feedback survey summary
- August: Open houses
o Aug ’22-Feb ‘23
Write the CAP
- Refine and revise strategies and actions
- Work with the climate protection committee to shape final draft
o Feb-March ‘23
Launch the CAP
- Release the Climate Action Plan for the City of Edmonds
- Share with Youth Commission
- Present at planning board
- Work with CPC to plan an educational series to advance actions
o Community Survey + Open Houses 2021-22
More than 400 respondents, representing Edmonds’ ethnic diversity well
Respondents recognize individual responsibility and limitations
Broad support for Edmonds’ health and livability
o CAP Key sections
Call to Action
Equity
GHG Emissions
Buildings & Energy
Transportation
Environment
Lifestyles & Consumption
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Tracking Progress
• Call to Action
o Fact: The Edmonds Community has not kept pace with its goals to reduce GHG emissions
“The 2017 inventory found that Edmonds reduced GHG emissions in some sectors but
increased emissions in others. …The inventory concluded that 12 years after setting plans
to begin reducing GHG emissions, per capita emissions in Edmonds have remained
essentially the same since 2000.”
Transportation emissions up 27% since 2000
Natural gas use up 25% since 2000
Electricity use down 7% since 2000
o Local emissions in 2017 represents 7.2MT CO2e per Edmonds resident
o Total emissions (local + imported) were approximately 17.2MT CO2e per capita
o For comparison, in 2017 the global per capita average was 6.4 MT CO2e and in the U.S. the
per capital average was 17.3MT CO2e
o Key actions the City can take are:
Adopt regulations to require new multifamily and commercial buildings to be 100%
electric by 2023
Support changes to State building codes to allow Edmonds to mandate that new single
family residences be 100% electric
Require EV charging infrastructure with new development
Support transit-oriented housing choices development in neighborhood commercial
centers
Create a green building incentive program to foster low carbon developments
Develop an action plan to adapt to sea level rise in Edmonds
o The most effective actions that individuals and businesses in Edmonds can take are:
Replace fossil-fuel burning heating systems, hot water heaters, and cooking equipment
powered with efficient electric appliances
Replace fossil fuel-burning vehicles with electric vehicles
- For example, the cost of a baseline Tesla is now the same as an average gas vehicle
Reduce vehicle trips by using transit, telecommuting, biking or walking
Conserve energy wherever possible, especially energy from fossil fuels
o Equity
Frontline Communities often live in denser settings, use transit, conserve energy and
consume less
National studies show that affluent households, those with incomes above $120,000,
produce GHG emissions that are double those of households with income between
$40,000 and $80,000
Climate change affects everyone but Frontline Communities will be effected the most
o GHG Inventory
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Key takeaways
- Edmonds has not kept to its goals since the 2011 CAP
- Two biggest sectors remain buildings and transportation
Electric consumption in buildings declined 7% since 2000
Natural gas consumption increased by 25% since 2000
Transportation emissions increased by 27% since 2000
Key takeaways – residential
- Residential buildings emit roughly twice the quantity of GHG’s that commercial and
industrial buildings in Edmonds emit
- GHG reduction strategies that focus on homes using carbon-based fuels and
especially heating and hot water will have the greatest effect
- Multifamily homes can use as little as 30% of the energy of a typical SFR; promoting
smaller units in a transit rich context will have multi-faceted GHG reduction benefits
Key takeaways – transportation
- 80% of the GHG emissions from the transportation sector are from the passenger
vehicle
- Approximately 71% of workers in Edmonds commuted in private vehicles in 2017
- Over half of the 71% of workers in Edmonds commuted in private vehicles in 2017
- Over half of the 71% of Edmonds SOV commuters had commutes longer than 20
minutes
- Reducing GHG emissions can also be done by reducing the number of vehicle miles
traveled (VMT)
- Telecommuting has positively impacted GHG emissions, 17.5% of Edmonds
workforce worked from home in 2021
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Emissions
o How the Plan is presented: Strategies-Actions-Metrics
Sectors in Edmonds CAP
- Buildings & Energy
- Transportation
- Environment
- Lifestyles & Consumption
o Actions (Example from CAP)
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o Metrics & Tracking
Metrics
o Tracking Progress
Funds remaining in consultant budget to complete this tool.
CAP will get the City to target of being carbon neutral by 2050
- Anticipate will need to reset in 2023
o Implementation
City staff will work with CPC on an annual implementation strategy
Over 50% of the actions that are within the City’s control are scheduled to be completed
by 2025
Council President Tibbott thanked staff for providing the implementation sheet in the packet. He asked
the purpose of the CAP; He understood it was to reduce GHG, but asked what the purpose was for the
City, how it integrate with elements of the comprehensive plan, and how objectives become strategies.
Ms. McLaughlin explained the comprehensive plan has a sustainability element. The purpose of the
comprehensive plan is high level policy guidance intended to last over a 20 year period. That policy
language is often not actionable. Policies in the CAP, some of which are nearly identical to those in the
comprehensive plan, take the policy a step further. She displayed the sample actions and metrics,
explaining the CAP uses those policies to create actions and a timeline but most importantly, it quantifies
the GHG emissions associated with that particular action and creates a tracking tool to keep the City
accountable to meeting its goal of being carbon neutral by 2050. The comprehensive plan does not have
any quantifiable metrics and does not have the level of detail and actionable items that the CAP does.
Some of the actions within the CAP will required legislative action by council. For example, EV
charging, will be a budget asks and/or incorporated into the CIP/CFP.
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Councilmember Buckshnis thanked staff for sending the matrix to council today which she forwarded to
others. She did not recall seeing the 2019 baseline monitoring study of the marsh and asked Ms.
McLaughlin to send it to her. She asked whether that study addressed blue carbon, carbon sequestering
and what would happen if there was a functioning marsh. Ms. McLaughlin said she was unable to answer
that question, the study was included at the council’s request as something that was done related to carbon
sequestration. Councilmember Buckshnis referred to a previous packet provided by former Planning
Manager Kernen Lien which also did not include that study.
Councilmember Buckshnis commented she did not view approving the CAP as an emergency although
some of the actions could be started. Some of the issues she brought up when this was presented previous
have not been addressed such as there is nothing about Taming Bigfoot, the ban on plastic bags and other
plastics, adopting a canopy coverage target, the Urban Forest Management Plan (UFMP), etc. She
summarized she has a lot of amendments and several citizens sent her proposed amendments. She asked
how items she and other others believe should be part of the CAP would be addressed, recalling when the
CAP was presented to the planning board, it did not go through the planning board process such as public
hearing, discussions, etc. Ms. McLaughlin responded Taming Bigfoot is in the CAP, there is no citywide
tree canopy goal yet, and the UFMP is referenced in the document. The CAP is a plan, not a reference
document of everything that has been done; that information is available through other records if
members of the public are interested.
Councilmember Buckshnis commented when the CAP was presented to the planning board, members
mentioned to her that it was mitigation plan and not really an adaptation plan and it was strictly GHG
centric. She asked what would be done about other aspects of the climate that need attention such as sea
level rise. She was interested in the CAP addressing adaptation to climate change more globally such as
impacts on watersheds, carbon sequestering, etc. Ms. McLaughlin said she has seen that in the
correspondence. There is significant importance in doing a climate adaptation plan which, as noted
previously, will be part of the comprehensive plan. The sustainability element adopted in the 2009
comprehensive plan includes climate change, community health and environmental quality. The CAP is
narrowly focused on the reduction of GHG emissions and partially on carbon sequestration.
Councilmember Buckshnis said she was not ready to approve the CAP tonight because there were still a
lot of questions to be answered and things that needed to be added to it. She acknowledged she was only
one of seven councilmembers, but she was interested in either adaptation or strictly defining the CAP as
GHG centric. It is not really a climate action plan, it is only part of a plan. In her mind, a CAP had
adaptation of everything, not just GHG. She recalled in 2010 there was not as much information about
how drastic climate change was or the marsh so she understood why the scope was limited.
Councilmember Nand thanked staff and stakeholders for their work. She suggested carbon offsets could
be a valuable tool for the City, not only from a budget standpoint but providing a legitimate avenue for
private consumers. There are numerous nonprofits asking eco-conscious consumers for funds to plant
trees to sequester carbon and a recent article stated Washington State DNR plans to start a sequestration
program. She asked about adding to the plan the exploration and vetting of legitimate avenues where the
City could provide funds and encourage citizens via education to provide carbon offset opportunities. Ms.
McLaughlin responded a carbon offset program is recommended in the CAP; the CAP states, “explore the
purchase of GHG offsets.” There is a lot of interpretation regarding how that would be done, whether it
would be the City or other entities. That leverage and flexibility is within the existing language in EN 2.6.
Councilmember Teitzel expressed appreciation for this huge amount of work, acknowledging the City
needs to begin attacking these issues due to the situation being at a tipping point with no return. He is
concerned about his two daughters’ future and their children’s futures. He asked if the council approves
the CAP, did that mean council was approving all the concepts within the document. For example, TR 1.1
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March 21, 2023
Page 16
refers to adopting a multimodal level of service (MMLOS) to enable Complete Streets outcomes, but the
concept of MMLOS has not been presented to council yet. Ms. McLaughlin answered each actions will
likely have its own legislative path. The CAP recommends adoption of a MMLOS because it relates to
the reduction of GHG emissions; however, that will be a comprehensive plan policy and will require
legislative action.
Councilmember Teitzel referred to the presentation which stated 35% of carbon emissions are from
residential buildings in Edmonds, largely single family residences. He has a gas stove, fireplace and hot
water heater and would be interested in changing those devices to electric but there is a cost barrier as it
would be very expensive. If the percentage of the problem is that high, the City should be more
aggressive in attacking that source and strongly encourage residents to make that change. He asked if
consideration had been given to a subsidy or rebate to underwrite the cost, such as 50% of the cost to
convert to electric. Ms. McLaughlin agreed there is a cost barrier and the only way to address it is through
incentives, rebates, streamlining, etc. The City does not have the leverage to mandate those conversions.
The City can provide information about agencies that have rebates and encourage residents.
Councilmember Teitzel referred to renewable natural gas (RNG), relaying his understanding PSE is
working on integrating RGN into their gas infrastructure on a small scale and plan to ramp up over time.
He asked if that was viewed as a truly renewable energy source. Ms. McLaughlin responded since her
email exchange with Councilmember Teitzel, she requested Mr. Sewell do some research. It is impressive
that PUD and PSE have over 90% of bonified renewable energy sources. Mr. Sewell defined RNG, often
also called biogas; it is methane recovered from waste and purified for pipeline standards. Recovered
from waste usually means contaminated so it needs to be purified to reach the infrastructure level of
cleanliness a consumer expects. The sources are typically wastewater, food waste, landfills and livestock
manure. In Washington, based on data from the Department of Energy’s Argon National Laboratory last
January, there are about six functional and future planned sites in Washington which are avoiding about
2MT tons of CO2e per year, approximately three Edmonds emissions per year statewide which is small
amount statewide.
Mr. Sewell continued, his main concern with methane is it remains methane regardless of the source and
is a very potent GHG. Within the first year, it is 120 times more potent than CO2 gram for gram. It
degrades over time and does not retain that same potency over a century where CO2 is more stable over
that the same century. By the end of a century it is 35 times more potent; those numbers have changed
substantially over his career and science continues to improve. Fugitive emissions remain a concern, gas
leaks, whether very large to unnoticeable. They represent 5% of the global carbon emissions although it is
not well understood. He referred to a major leak in California 6-7 years ago and research into how much
of a carbon bomb that was.
Mr. Sewell continued, he was of two thoughts. On one hand, something that is otherwise waste is being
used which is generally good. On the other side, the fuel itself is a potent GHG which bears a high
amount of risk particularly given its very strong immediate impact, 120 times in the first year which could
be really damaging. He referenced the IPCC sixth assessment report that contains a much more
compressed timeline than the fifth report. The three member Washington Utilities and Transportation
Commission (WUTC) who oversees utility pricing is moving to a different model for natural gas,
renewable or not, and will no longer allow utilities to subsidize installations up front to the same degree
so installation costs are likely to increase substantially within the next 12-18 months. Therefore concerns
about continued buildout of natural gas should be mitigated by market forces; builders, developers and
home owners doing remodels may not find natural gas as attractive and prefer to use electric.
Mr. Sewell continued, there is also steep decarbonization pressure. He displayed the tracking progress
graph, explaining between the orange triangle (business as usual), the yellow square (state and federal
requirements), and the blue diamond (CAP), there is three times the work between the yellow square and
Edmonds City Council Approved Minutes
March 21, 2023
Page 17
the blue diamond, what the City is responsible for. Between the orange triangle and the yellow square is
what the state and federal is responsible for. The WUTC is requesting a report be finalized June 1, 2023
about the prospects of decarbonization in natural gas. HB 1589 would prohibit the expansion of gas
service after June 30, 2023 for all purposes. He summarized it may not the City’s decision to make, it may
occur at a higher level.
Councilmember Teitzel asked if the council approves the CAP tonight, could it be amended in the future.
Ms. McLaughlin relayed the request is adoption of the CAP via the resolution in the packet. If a majority
of council wants to make amendments, that could be done.
Councilmember Paine thanked staff for the CAP, new information and the explanation of RNG. She
referred to the timeline of city actions, relaying she was impressed with the tracking Edmonds has done
since 2006. She referred to the IPCC sixth report that reiterates what their fifth report said about there is
no more time. Technology has been a friend, but also an enemy because progress has slowed. There are
things the City can do; she appreciated the public’s encouragement to do more than one thing at a time.
She liked that the natural and environmental benefits were identified in other documents such as the
UFMP, stormwater efforts and the marsh. She emphasize those are not the problem areas; the problem
areas are infrastructure. For example, at the last CPC meeting, a resident from the newest Pt. Edwards
building reported there is no electrical plug behind her kitchen stove. The cost to install it during
construction may have been $300, but to add a line from the panel now to behind the stove is $3,000.
Natural gas was sold to the public as clean energy. She also has a gas cooktop and recognized here are
things individuals can do. She was fully supportive of the CAP, noting 50% of the actions will be
completed by 2025, and 25% will be ongoing including looking at mortalities. She strongly encouraged
the council to pass the CAP tonight.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
ADOPT THE CLIMATE ACTION PLAN, THE IMPLEMENTATION PLAN AND THE
RESOLUTION.
Council President Tibbott said he learned tonight there are policies that need to be developed to support
the CAP which will require ongoing work by the council. He also learned there will be legislative and
budget processes to implement and fund the CAP. With regard to amendments proposed by the public, he
envisioned those could be introduced in the future as policies are formed and implementation refined. For
those reasons, he supported the implementation and adoption of the CAP tonight knowing additional
work will be done.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
AMEND SECTION 1 TO READ, “The 2023 CLIMATE ACTION PLAN, SPECIFIC TO
MITIGATION OF GREENHOUSE GLASS LEVELS, WHICH IS ATTACHED…”.
Councilmember Buckshnis reiterated the CAP is GHG specific and it is a mitigation plan, but there are
many other adaptations that the City needs to implement related to sea level rise, carbon sequestering,
blue carbon, etc.
Councilmember Olson relayed her support for the amendment.
For Councilmember Nand, Councilmember Buckshnis restated the amendment: “The 2023 Climate
Action Plan, specific to greenhouse gas level mitigation….”.
Councilmember Teitzel expressed support for the amendment, pointing out the CAP is focused strictly on
GHG emission reductions and reaching the target by 2050 which is driving climate change, sea level rise,
etc. He agreed the CAP was a GHG reduction plan.
Edmonds City Council Approved Minutes
March 21, 2023
Page 18
Councilmember Paine asked if adding that language would limit how the CAP was enacted or was it
general enough. Ms. McLaughlin answered it would not be limiting with the exception of content
regarding carbon sequestration. She did not want to negate that that was part of the equation. While the
CAP is not a climate adaptation plan, there are things such as street tree planting, setting a canopy goal,
etc. that are related to sequestration although it could be descried as reducing GHG levels.
Councilmember Paine said she was thinking about the climate adaptation and the environment benefits of
the green and blue planet.
AMENDMENT CARRIED UNANIMOUSLY.
Councilmember Olson said she shared the councilmember’s concern that the council was agreeing to a
policy that the council not yet been approved. She wanted to ensure the council was not committing to
that and will be vetting that policy in the future. That policy is a climate mitigation which makes it
attractive, but she wanted to be clear that the council was not committing to it by passing the CAP.
Councilmember Chen expressed his appreciation for the hard work Ms. McLaughlin and Mr. Sewell put
into the plan, recognizing that no plan is perfect and the City needs to start somewhere due to the urgency
of climate change including changing weather patterns. He recognized the CAP will need to be perfected,
but it was time to move forward and take action. He express support for adopting the CAP.
Councilmember Olson commented the council received some very interesting and good citizen comments
about specificity of actions in the plan that could be more detailed. She was satisfied with staff’s
assurance that those plans will be unfolding. She was reminded of the emergency management plan and
how there needed to be policies and specifics to support it; this is the same thing.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
2. CITY OF EDMONDS STORMWATER MANAGEMENT ACTION PLAN (SMAP)
City Engineer Rob English recognized staff who have worked on this plan which has been in process for
over year, former Stormwater Engineer Zach Richardson, Senior Stormwater Engineering Technician Pat
Johnson, Senior Utilities Engineer Mike De Lilla who stepped in when Mr. Richardson left the City and
managed the project to completion, Stormwater Engineer Jerry Shuster, and Herrera Engineering.
Senior Utilities Engineer Mike De Lilla commented this is an abridged version of the presentation to the
PWC Committee last week. He reviewed:
• Project Drivers
o NPDES: Municipal Stormwater Permit
Cannot be outside of MS4 (to comply with permit)
- No in water work (This is regulated by DOE)
Formalizes current work to improve Perrinville Basin
- Projects need to stay within current funding
- Confirms City is compliant with DOE permit requirements
No unfunded mandates
March 31, 2023 deadline
This is not a comprehensive plan (It will be part of it)
• Project Background
o Driver: Municipal Stormwater Permit
o Stormwater planning requirements include a water health assessment, selecting a priority
watershed, and developing an implementation plan
Edmonds City Council Approved Minutes
March 21, 2023
Page 19
• Categories of Stormwater Management Actions
o Stormwater Retrofit Projects: construction projects or feasibility studies
o Land Management Strategies: programs or policies addressing land use or zoning
o Stormwater Program Enhancements: public education and operations and maintenance
activities above and beyond the Stormwater Permit requirements
Note: in-water work (i.e., culverts) not included
• Summary List of Identified Actions
• Collaboration with the City of Lynnwood
o Compliant with their MS4.
Approval of more stringent code (matching Edmonds) April 23, 2023
Teaming on DOE grant for 2015 flow reduction study update.
Various projects linked to 2015 study completed.
Continue work with the City of Lynnwood.
• Completed Perrinville Creek Watershed Projects
o Edmonds
2013 - Talbot Road Drainage Improvements/Perrinville Creek Study
Edmonds City Council Approved Minutes
March 21, 2023
Page 20
2015 - Perrinville Flow Reduction Study
2015 - Dellwood & 191st Raingardens and Infiltration
2018 - Seaview Infiltration Facility (Phase 1)
2019-21 - 10 rain gardens with Snohomish Conservation District
2020 - 83rd Ave and 81st Ave Raingardens
2022 - Geomorphology Study
o Lynnwood
2016 - Lynndale Park infiltration gallery
2016/2017 - Retrofit to the Blue Ridge Pond
2017 - Elementary School 100% infiltration
2017 - 12 rain gardens with the Snohomish Conservation District
Councilmember Teitzel referred to project drivers, formalizing current work to improve Perrinville Basin
and the statement that projects need to stay within current funding. He noted there clearly was not enough
funding to address all the issues with Perrinville Creek and asked for assurance that the statement did not
mean the City could not seek additional grant funding. Mr. De Lilla said it means more funds are needed.
Council President Tibbott acknowledged stormwater projects are occurring around the city that are
funded with utility funds. He asked if utility funds count toward funding for this project. Mr. De Lilla
answered funding within the Perrinville Basin counts and all projects count for the NPDES. This exercise
looked at only one basin. He envisioned every basin would be analyzed in the future. Council President
Tibbott observed utility funds are one source of funding and it would not require allocating funds from
other projects in the budget; there are already funds dedicated to these efforts and staff is pursing grants.
Mr. De Lilla answered if the City wants to do more, rates would need to be increased, more grants
identified, and more staff hired to fulfill those additional needs. It is up to the council to decide how far
above the City wants to go. Like the CAP, there are is a gap between the federal, state level and city level.
Councilmember Olson relayed she was excited to hear that Lynnwood’s staff indicated they will
recommend adoption to their council. She reminded councilmembers who attend Snohomish County
Cities meeting in April to encourage Lynnwood councilmembers to support it. She suggested residents
also express their support to the Lynnwood City Council. She pointed out the second rated watershed was
Lake Ballinger/Halls Creek which also has significant issues. To the extend the City’s budget can handle
additional projects, she suggested keeping that watershed in mind. Mr. De Lilla advised the City received
a grant to purchase a property off Lake Ballinger. The plans are to demo the house and use it as a
treatment terrain for pollutants off Ballinger Way.
Councilmember Nand asked about a presentation regarding the Lake Ballinger watershed due to interest
from the community about flows and challenges they are facing. Mr. De Lilla answered there is no SMAP
for Lake Ballinger. Council could add a requirement for a basin analysis for Lake Ballinger as part of the
stormwater comprehensive plan. The current stormwater comprehensive plan is the industry standard so
additional requests would need to be identified.
Councilmember Nand commented a high priority item that generated a lot of interest from the community
at public workshops was rainwater gardens and de-pavement. She asked the capacity of rain gardens to be
community gardens to grow fruits and vegetables and/or pollinator gardens and be a source of community
involvement. Mr. De Lilla answered there is potential for community involvement; there is an annual
tour. The City is building another ten rain gardens in the Perrinville Basin via the City’s alliance with the
Snohomish County Conservation District. He was not aware of people trying to grow vegetable in rain
gardens and did not think it would be a good idea as they are intended to treat pollutants, but flowers can
be planted in rain gardens. There has been community engagement associated with building raingardens
and he anticipated that could be expanded.
Edmonds City Council Approved Minutes
March 21, 2023
Page 21
Councilmember Chen viewed raingarden as a wonderful partnership between homeowners and the City.
The homeowner bears the majority of the cost and the City provides education and assistance. He asked
about resources the City can make available to homeowners. Mr. De Lilla referred to the events at the
hatchery in May where the City has a booth. Snohomish County also has a rain garden manual that is
available online and well as information on water conservation, plant choices, microclimates, soil
amendments, etc. There is also a lot of information available from King County and Seattle. There are
also plans to have a booth at the Civic Park grant opening.
Councilmember Buckshnis advised for those who have questions about Perrinville, the PPW Committee
had a robust discussion at their March 14 meeting. Another source of information about Lake Ballinger
watershed is the Lake Ballinger Forum meetings minutes.
Mr. DeLilla relayed the City was contacted by Stream Keepers who is planning to install ten rain gardens
in Lynnwood later this year. Lynnwood uses Stream Keepers; Edmonds has used Snohomish County
Conservation Corp.
Councilmember Paine pointed out the stormwater code update included more aggressive retention rules to
account for 50-100 year events. She wanted to ensure that projects were built for the future due to
unknows. She was glad to hear that Lynnwood was adopting a similar code. She anticipated supporting
this program with federal funds which may be rationale for a federal grants manager.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO APPROVE THE PERRINVILLE CREEK STORMWATER MANAGEMENT ACTION PLAN.
MOTION CARRIED UNANIMOUSLY.
Mayor Nelson declared a brief recess.
3. POTENTIAL PARKLAND ACQUISITION - SOUTHWEST OF SR 104
Parks, Recreation & Human Services Director Angie Feser advised no council action was needed; this is
purely an update. Acquisition of this potential property would be at the council’s discretion and requires
council approval. She reviewed:
• Property Info
o Property Owner: Hurst Trust
o Address = 9302-9306 232nd St SW
o 2 parcels = 1.09 acres
o Zoned RS-8 = 5 new houses
o Property contains two vacated houses, garage and outbuildings, no tenants
o Relatively flat
o Asking price: $1.3M
• Property/Intent
o Conservation
o Retain trees
Contains dense canopy coverage, several large conifers and a few fruit trees
o Neighborhood park
o Passive use
• Park System Needs
o 2022 (PROS) Plan
Goal #3 ‐ Parks, Trails & Open Space objectives #3.1 and 3.2
Goal #5 ‐ Natural Resource & Habitat Conservation objectives #5.1, 5.3, 5.4 and 5.5
Recommendation #1 ‐ Acquisitions to Fill Park System Gaps
Recommendation #2 ‐ Open Space and Conservation Acquisitions
Edmonds City Council Approved Minutes
March 21, 2023
Page 22
Six‐Year Capital Facilities Program
o Travelsheds
¼ mile walk
½ mile walk (10 minutes)
Both city and non-city parks
Map 6: Travelsheds – PROS Plan
o Edmonds Demographics
Area is 2nd lowest category of household income (below $65,000)
Similar demographics as Highway 99
• Potential Grant Funding – Passive Park
o Snohomish County Conservation Futures (CFT) Program
Annual
No waiver of retroactivity currently
Edmonds City Council Approved Minutes
March 21, 2023
Page 23
- Cannot purchase property before enter grant process. If purchase successful, would
close before grant process complete
- Invited to talk to funding board about exception and board considering waiver of
retroactivity
o Recreation & Conservation Office (RCO)
Local Parks (State)
Land, Water and Conservation Funds (LWCF) Federal
2024 Application (Waiver of Retroactivity must be complete 60 days before closing)
o Grant funding can include conditions.
Both CFT and RCO would preserve as passive park.
For example, CFT does not allow more than 10% impervious surface in parks purchased
with the funds
• Timeline
o Late January On the market/notification by Longbay
o Feb 8 Letter of intent executed*
o Feb 27 Purchase & Sale Agreement executed*
75 days to complete appraisal, council review and approval and property
closing
o Feb 28 Escrow
o Mar 1 Appraisal (NTP)
o Mar 2 (Th) Snohomish County contact (no waiver of retroactivity)
o Mar 6 (Mon) Council notified and briefed, Snohomish County CFT Funding Board Request
o Mar 7 Phase 1 ESA (NTP)
o Mar 13 ALTA Survey (NTP)
*with contingencies including council approval
• Next Steps
o Appraisal completed: Due mid-May
o Council approval consideration: 30 days
o Closing: +30 days
o Securing of site
Removal of personal belongings
Vegetation management
Secure the houses
Councilmember Buckshnis recalled in the past decade, council was always brought into transactions like
this at the beginning; for example in January for this property. Now the administration has spent a
tremendous number of hours and money as well as utilized brokers to negotiate on behalf of the City prior
to the council being aware. She recalled City Attorney Jeff Taraday stated this was not an executive
session or Open Public Meetings Act (OPMA) issue and asked him to explain that for citizens. Mr.
Taraday explained OPMA does not require property acquisition be brought to the council in executive
session first; it is allowed under certain circumstances. There are two thresholds for considering whether
property acquisition to council in executive session, first, whether it meets the legal test for executive
session. The legal test is public knowledge of consideration the property would lead to an increased price.
In this instance, because the property owner was willing to enter into an agreement subject to council
contingency, the City was able to bind the owner while still preserving the council’s flexibility to decide
whether to acquire the property. So there was no risk of increased price by having the discussion in
public. Different administrations may have handled this differently. In the past acquisitions for which the
City was not under contract, property was brought to council to inquire about interest in getting under
contract. That has been done in the past on a few occasions, but it is not a requirement.
Councilmember Buckshnis pointed out the mayor’s contracting limit is $100,000 and this is $1.3M. She
noted Mr. Taraday helped negotiate this without council approval or providing information to council.
Edmonds City Council Approved Minutes
March 21, 2023
Page 24
She questioned why the council was not informed when negotiations began when it was clearly over the
mayor’s contracting limit. Mr. Taraday answered he drafted very clear language in the Purchase and Sale
Agreement that preserves council authority to approve or not approve this transaction. In no way has the
council’s authority to approve or not approve the transaction been infringed upon.
Councilmember Buckshnis commented the council has not seen any of that information. Mr. Taraday
explained this is an informational presentation; when the administration is ready to ask for the council’s
consent to proceed with the transaction, all the documentation will be provided to council including the
language he drafted that preserved the council’s authority to approve or not approve the transaction.
Councilmember Buckshnis reiterated the amount exceeds the mayor’s $100,000 contracting limit and
expressed concern Mr. Taraday had help negotiate a transaction that is over that limit when it should have
come to council first. Mr. Taraday answered there is no deal without the council’s consent. The actions
taken put the City into an advantageous negotiating position, committing the seller without committing
the council. The council still has all the choices it has ever had, and the seller is committed. The council is
in a better position now than it ordinarily would be if staff had asked council in executive session about
pursuing the purchase of a property.
Councilmember Buckshnis commented on the $1.3M cost and anticipated cleanup would be very
expensive. The council has a fiscal responsibility and should have been notified in January before all this
happened. She summarized it is a lot money being negotiated without council review, understanding or
approval.
Councilmember Nand relayed her understanding that the mayor and the administration have not exceeded
their contractual limits as the deal has not closed; this is just a proposal that is presented to council. Via
the 2023 budget process, the PROS Plan and CIP/CFP, the council directed Parks & Recreation to acquire
more parkland especially in underserved areas which southeast Edmonds definitely qualifies as. She did
not believe the mayor, administration or Ms. Feser had not acted inappropriately in bringing this to
council and using an expeditious process to preserve the City’s advantageous bargaining position. She
referenced the CFT and RCO grant restrictions related to passive parks and asked if elements of the
existing building that presumably have existing concrete pads could be used for amenities/facilities
without violating the passive park restrictions on grant funds. Ms. Feser answered the restrictions do not
consider existing impervious surface; the rule is the site cannot have more than 10% impervious surface.
She anticipated the homes and foundations would be demolished and restored to a natural area.
Councilmember Paine commented this is a very interesting proposition. She appreciated having a real
estate consultant who looks for property. This is the reason an open space acquisition program was
formed; it allows the City to compete fairly with very interested developers. She thanked Ms. Feser for
researching the grants and hoped they would be successful. This is a neighborhood with no parks and is
close to Madrona School. Ms. Feser advised the adopted PROS Plan and CIP/CFP allocated $1.3 million
for land acquisition in 2023.
In addition to thanking staff who has been working on this, Councilmember Olson thanked the estate for
giving the City an opportunity to consider this contract. She asked about the accessibility of this parcel by
pedestrians, wheelchairs, bicycle, strollers, etc. Ms. Feser said she has not researched sidewalks in the
area. There are no sidewalks in front of the parcel, but it is not far from SR 104. She displayed a map of
the site, identifying SR 104 and 232nd, higher density housing, and a new pedestrian crossing on SR 104,
commenting the neighborhood is walkable to the site via at least a paved road.
Councilmember Olson commented on materials to make trails useable for wheeled methods of
transportation. Ms. Feser explained a majority of site is flat at the edge of street so an ADA accessible
path could easily be developed through the site.
Edmonds City Council Approved Minutes
March 21, 2023
Page 25
Councilmember Teitzel was pleased this will be a passive use park and that the tree canopy would be
preserved. He asked if the terms of sale identified any unforeseen pollution on the site that needed to be
cleaned up and if there were any protection for the City against that eventuality. Ms. Feser answered the
intent of the ESA Phase 1 study is to determine whether there any environmental concerns within site.
With the age of the houses and the past uses, typically the only thing is old fuel tanks; there is no evidence
of that yet. The houses were built in 1936 and 1956; there has not been any other development on the site.
Councilmember Chen thanked Ms. Feser for her work, noting the location is strategically important. The
City is in the process of entering into an interlocal agreement with Mountlake Terrace to use Mountlake
Terrace Park. This location fulfills a need for this neighborhood. Like Councilmember Buckshnis
mentioned, the City entered into a Purchase & Sale Agreement before the council was informed about the
acquisition. Ms. Feser said the Purchase & Sale Agreement contains contingencies, one of which is
council approval of the purchase. If the council does not approve the purchase and acquisition of the site,
the Purchase & Sale Agreement is null and void. There is no commitment until all the contingencies in
the Purchase & Sale Agreement are met. Mr. Taraday agreed with Ms. Feser’s explanation; the City is not
obligated to purchase the property until the council says yes. Councilmember Chen said he was pleased
with the speedy actions that were taken.
Councilmember Buckshnis asked about the estimated cost to demolish the houses and if the estimate
would be included with the information regarding the property acquisition. That information has been
provided in the past and cleanup is the reason Perrinville Woods was not done a few years ago. Ms. Feser
advised there have been preliminary discussions with the seller and they are open to negotiating the cost
of the cleanup.
Councilmember Nand asked about the amount potentially available from the CFT and RCO grants. Ms.
Feser answered she asked for half of the purchase price from CFT and they did not blink; they are very
excited about the property for a number of reasons. The RCO grants are up to $500,000 each. There is a
possibility that a significant amount of the purchase price could be covered by grants and there is a lot
about the property that makes it eligible for grants. Councilmember Nand thanked Ms. Feser for
following up on the strict timelines.
4. LONGBAY ENTERPRISES CONTRACT AMENDMENT NO. 5
Parks, Recreation & Human Services Director Angie Feser advised this was presented to the PPW
Committee last week who asked it be presented to full council. The presentation/packet includes
additional information to address questions and requests for information. The City has been using
Longbay Enterprises, a real estate consultant, since January 2021 to help with parkland acquisition.
Parkland acquisition is a council priority and a directive from the mayor. Longbay has enabled the City to
do more than she could do on her own and they have a lot of skill and technical knowledge. It is a local
business located in Edmonds. A lot of other jurisdictions use Longbay including Lynnwood. She
reviewed the Longbay Enterprises PSA:
• Services provided
o Direct consulting services
Searching for properties
Soliciting bids for contracted services
Acquisition documents
Working with land owners
o Contracted/sub-consultant services
Appraisals
Appraisal reviews
Appraisal responses
Edmonds City Council Approved Minutes
March 21, 2023
Page 26
Site analysis
Surveys*
Title reports
Misc – forest consulting, etc.
o Expenditures
Consultant services $26,958 (29%)
Subconsultant $65,171 (71%)
Total $92,129
• Parkland Acquisition Program
o Acquisition Process
Confidentiality
2021 executive session
- Johnson donation
- Perrinville Woods
- Unocal
- Main Street/Shell Creek
- 3-acre parcel/Highway 99
2022 council presentations
- (2) donations
- SW County Park
- Esperance Park
- Perrinville Woods
- Unocal
- Main Street/Shell Creek
- Highway 99 parcels
o Council Acquisition
Updates
• Expenditures by property
Property Expenditure %
Johnson Donation $9,066 9%
Main Street $6,851 7%
Perrinville Woods $12,321 13%
SW SR 104* $3,320 3%
Maint Property $569 1%
Donations/Misc Property Research $5,063 5%
Shell Creek/RCO Non-Compliance $8,581 9%
General Admin $2,859 3%
Property #21-01* $47,689 50%
Total $96,319
*active/current
• Longbay Enterprise Professional Services Agreement
Professional Services Agreement (PSA) 1/25/21 $15,000
Amendment 1 7/30/21 $30,000 $45,000
Amendment 2 1/3/22 45,000 $90,000
Amendment 3 – hourly rate increase 3/21/22 -- --
Amendment 4 – deadline extension 12/9/22 -- --
Amendment 5 $60,000 $150,000
Council President Tibbott clarified the request was spending authority for the additional $60,000 for a
total of $150,000. Ms. Feser agreed.
Edmonds City Council Approved Minutes
March 21, 2023
Page 27
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
APPROVE PROFESSIONAL SERVICES AGREEMENT AMENDMENT #5 TO INCREASE
THAT CONTRACT TO A TOTAL OF $150,000.
Council President Tibbott commented Longbay seemed to be a good source for identifying property and
an entire checklist of useful services. For example, the Johnson property moved forward due to the
availability of this full service organization. It is a good use of funds and helps maximize Ms. Feser’s
time. He was very supportive of the PSA. Ms. Feser commented the PSA also eliminates the need for a
broker and broker fees when closing on a property, fees that add up quickly on a $1 million property.
Councilmember Buckshnis thanked Ms. Feser for her expanded presentation that answered the questions
she asked at the PPW Committee. She asked how $60,000 for the amendment was determined. Ms. Feser
answered knowing what’s coming up; a potential acquisition will require a lot of Longbay’s time. This
will extend the contract for a couple years to avoid numerous amendments. The 2024 and 2025 Parks
capital program lists two more acquisitions per the PROS Plan. There are also donation opportunities that
come to the City. Once the public learns about property donations, people think about that as part of estate
planning and may approach the City which takes a lot of conversation, time and work. Councilmember
Buckshnis asked if the contract was open ended. Ms. Feser answered the existing contract is through the
end of 2023; another amendment will be required to extend it to 2024.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO
EXTEND TO 10:10. MOTION CARRIED UNANIMOUSLY.
UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS TEITZEL, CHEN,
OLSON, PAINE, AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES;
COUNCILMEMBER BUCKSHNIS VOTING NO.
10. MAYOR'S COMMENTS
Mayor Nelson recalled during the presentation on the CAP there was reference to the recent International
Panel on Climate Change (IPCC) report that just came out. He provided news media headlines regarding
that report:
• CNN: The climate time bomb is ticking, the world is running out of time to avoid catastrophe.
• Wall Street Journal: Time is running out to cure climate change IPCC report says.
• NBC: Now or never. One of the biggest climate reports shows time is running out.
• USA Today: Humanity’s on thin ice major UN report says. Urgent action is needed to combat
climate change.
• The Guardian: Scientists deliver final warning on climate crisis. Act now or it’s too late.
• Washington Post: The world is on the brink of catastrophe UN climate report says, but it does not
mean we are doomed if swift action is taken.
Mayor Nelson thanked the city council repeatedly for exercising leadership and taking action to move the
CAP forward. The council is not only helping residents but also residents’ children and their children’s
children.
11. COUNCIL COMMENTS
Councilmember Olson announced the Edmonds School District Foundation is having their primary
fundraiser on Friday, March 24 at 7 a.m. at Community Life Center on Scriber Lake Blvd. The public can
register to attend or support the foundation and its important work on their website FoundationESD.org.
She announced the Waterfront Center fundraiser on Friday, March 31 at 8:30 a.m.
Edmonds City Council Approved Minutes
March 21, 2023
Page 28
Councilmember Buckshnis announced her appointment of Nicole Hughes to the Economic Development
Commission. Ms. Hughes has been on the EDC for two terms and has done a great job. She reported on
the town hall meeting on March 31st, relaying a new crisis hotline, accessible by dialing 988, was
developed to help with behavioral crises or provide an opportunity to talk about mental health issues. She
announced the Perrinville Watershed was added to the WRIA 8 priority list which means there are grant
opportunities on the horizon for Perrinville.
Councilmember Chen advised he planned to attend the two breakfast fundraising events. He gave a shout
out to City Clerk Scott Passey and his team for their diligence and dedication for keeping meetings on
track and ensuring records are accurate.
Council President Tibbott commented the addition of Perrinville Watershed to WRIA 8’s priority list was
good news, noting go after funding for Perrinville was one of the council priorities for first quarter 2023.
Council President Tibbott reported on a regional drug task force presentation hosted by the Snohomish
County Sheriff’s Office that was attended by approximately 200 mayors and councilmembers, Snohomish
County councilmembers, and law enforcement from around the region. The keynote speaker was Sam
Quinones, an authority on drug trafficking in the United States. His first book was about the opioid crisis
and his second book centers on manufactured drugs like fentanyl and a new one that is beginning to
appear in the Northwest, shutting down the drug trade and removing barriers for treatment. He relayed an
interesting statistic related to drug overdoses; there were more drug deaths in 2021 than deaths by gun
violence and car accidents combined. Synthetic drugs are a very serious problem; the presentation did not
include a lot of solutions. Some older industrial cities where factories have been shut down and jobs lost
are seeing improvement via microeconomic business improvements that bring hope and stability to those
communities. Manufactured drugs have increased the urgency to pursue people involved in trafficking
and manufacturing. Sam Quinones’ books are available in the library.
Councilmember Nand announced the Edmonds Rotary Club is offering an Easter event at the Frances
Anderson Center on April 8 at 10 a.m. for children aged 3-10, an appropriate way to celebrate the Easter
holiday. She discouraged the public from celebrating Easter in an inappropriate way by purchasing baby
chicks and bunnies as gifts, sometimes even dying them. A local animal rescue recently rescued a chicken
that someone dyed that eventually died as a result of the dye’s toxic fumes. She and other animal rescuers
in the area dread Easter because people will often drop off bunnies or chicks in a wooded area, thinking
rabbits and chickens have survival instincts when in reality it is no different than dropping off a dog, cat
or child in the forest and wishing them good luck; animals have no idea how to find shelter, protect
themselves from predators or find water.
Councilmember Teitzel reported he attended the kudos hearing at the Edmonds Municipal Court along
with Councilmember Olson and Council President Tibbott. The purpose was to celebrate people who
have been involved in the local court system and had good outcomes. A big part of the good outcome is
the great work done by the probation officers. The event included testimonials from six people about their
good outcomes since being involved with the court.
Councilmember Paine thanked the council for approving the CAP which is super important for the City’s
future as well as the SMAP, looking to the future, and providing better protection for the environment and
walkability for parks. She was very impressed with staff, feeling they knocked it out of the park tonight,
related to park acquisition, protecting Perrinville Creek, and cooperating with Lynnwood on the SMAP.
She expressed appreciation for council and staff’s work.
12 ADJOURN
With no further business, the council meeting was adjourned at 10:10 p.m.
Edmonds City Council Approved Minutes
March 21, 2023
Page 29
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SCOTT PASSEY, CITY CLERK