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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 Edmonds City Council Approved Minutes March 21, 2023 Page 2 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 Edmonds City Council Approved Minutes March 21, 2023 Page 3  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 Edmonds City Council Approved Minutes March 21, 2023 Page 4 • 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 Edmonds City Council Approved Minutes March 21, 2023 Page 5 • 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 Edmonds City Council Approved Minutes March 21, 2023 Page 6 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 Edmonds City Council Approved Minutes March 21, 2023 Page 7 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 Edmonds City Council Approved Minutes March 21, 2023 Page 8 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. Edmonds City Council Approved Minutes March 21, 2023 Page 9 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 Edmonds City Council Approved Minutes March 21, 2023 Page 10  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 Edmonds City Council Approved Minutes March 21, 2023 Page 11  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 Edmonds City Council Approved Minutes March 21, 2023 Page 12  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 Edmonds City Council Approved Minutes March 21, 2023 Page 13  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) Edmonds City Council Approved Minutes March 21, 2023 Page 14 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. Edmonds City Council Approved Minutes March 21, 2023 Page 15 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 Edmonds City Council Approved Minutes 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 ____ SCOTT PASSEY, CITY CLERK