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2023-08-02 Regular MeetingEDMONDS CITY COUNCIL SPECIAL MEETING APPROVED MINUTES August 2, 2023 ELECTED OFFICIALS PRESENT Neil Tibbott, Mayor Pro Tern Vivian Olson, Council President Pro Tern Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Susan McLaughlin, Planning & Dev. Dir. Rose Haas, Planner Jeff Taraday, City Attorney Patricia Taraday, City Attorney's Office Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Pro Tern Tibbott in the Council Chambers, 250 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Paine 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 with the exception of Mayor Nelson. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Pro Tern Tibbott described the procedures for audience comments. There were no public comments. Edmonds City Council Approved Minutes August 2, 2023 Page 1 6. RECEIVED FOR FILING 1. PARKS, RECREATION & HUMAN SERVICES DEPARTMENT - 2023 Q2 ACCOMPLISHMENTS 2. SALARY COMMISSION TERM ASSIGNMENTS 3. WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. Councilmember Buckshnis requested Consent Agenda Item 7, AMD2023-0005 Revised Minor Code Amendment Package #2, be removed from the Consent Agenda and placed on the agenda as Council Business Item 9.3. Council President Pro Tem Olson requested Item 7.6, Approval of Marchis Property Settlement Agreement, be removed from the Consent Agenda and scheduled on a future agenda. Councilmember Teitzel requested AMD2023-0005 Revised Minor Code Amendment Package #2 be Council Business Item 9.1 and renumber the remaining items in consideration of staff who are present for that item. Council President Pro Tem Olson pointed out there are attorneys present for the other items who are also being compensated. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES JULY 18, 2023 2. APPROVAL OF FIN COMMITTEE SPECIAL MEETING MINUTES JULY 20, 2023 3. APPROVAL OF SPECIAL MEETING MINUTES JULY 25, 2023 4. APPROVAL OF REGULAR MEETING MINUTES JULY 25, 2023 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT ITEMS REMOVED FROM CONSENT 6. APPROVAL OF MARCHIS PROPERTY SETTLEMENT AGREEMENT COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO MOVE THE MARCHIS PROPERTY SETTLEMENT AGREEMENT TO A FUTURE AGENDA. MOTION CARRIED UNANIMOUSLY. 8. PUBLIC HEARING 1. PUBLIC HEARING ON DRAFT COMMUNITY VISION STATEMENT FOR THE COMPREHENSIVE PLAN Mayor Pro Tem Tibbott commented this is a very important public hearing because the City is at a historic point where a comprehensive plan is being developed that addresses many of the issues discussed when the consultant contract was approved. The public hearing is an opportunity to hear from residents as well as hear from staff regarding the process and next steps. Planning & Development Director Susan McLaughlin commented she has been before council previously regarding this topic. Tonight's public hearing will be a deeper dive discussion about the vision process and Edmonds City Council Approved Minutes August 2, 2023 Page 2 next steps as well as an opportunity to hear feedback from the public regarding the visioning process and the resultant draft community vision statement. She reviewed: • Draft Vision Statement eecl _ S DRAFT VISION STATEMENT EDO WMF WE HEARD •aMn•Wp „awn„,�.:„�,...o.+�rw,.�,�r1�r2,.��rw�.,unwn er wca nl�AeaeMwwxwuxw.ulwrwruev ppa�yy 'aN4 �J'� y�y EnWK.IN .a -p (QLA(j�•yy4luJ LICEui�� �IAMIW��'�•WM�Gt10% DPP` ,f9E wtI%F ��INNAYYLL u \ti Yrlr" _'uYW. V IFEP ri, uu .� ®... awn •tNlln if /� acaaawr aicK.W "' PuIiUla.S )R C +rurnVL_L6 ` IIIIEA �®�� 4u 1w� �Ass�ss paca\ srnE J '•: c ,�• ��"^ ' ,wASE wnwvu.ur wo aaas "U TON ATMWMRB W4 W s& NiD Ii1101i T,E 4mtbM�fslr Y lw AEASw(, m iSin �vD E,.w- rt,at Ta W9llc ro wr' . `wu�rawArwsvlleaa � wx,°�iwNOOs� RECURRINGTI{EMES sauaw�+m>wnwllrP arswcawwwulaewuw,cTMca.) o Created using the results of the 6-week visioning process o Encapsulates the approach and themes that were heard to formulate the draft community vision statement We developed branding - Summer 2022 o Comprehensive Plan Branding - Everyone's Edmonds ■ Inclusive engagement, broad engagement ■ Raise awareness about the plan ■ Branding everyone recognizes and feels approachable ■ Received a lot of positive feedback on the name and the branding ■ Branding translated into multiple languages ■ Created templates for flyers, posters, yard signs and PowerPoint presentations - Will serve the City well for the next two years We set an outreach goal - Summer 2022 o To receive 3,500 comments from the community ■ 8,500 comments were collected! (survey, in person, tabling and other events) We developed an outreach approach o Survey ■ Provided in Korean, simple Chinese, and Spanish ■ Qualitative (open-ended) and quantitative (multiple-choice) questions We launched a 6-week vision process o Talked to a lot of people in multiple formats and venues o We talked, we listened, we documented Yard signs Coffee Chats RAISE AWARENESS Panel discussion THEMED NEIGHBORHOOD CONVERSATIONS I IN-DEPTH CONVERSATIONS ON KEY TOPICS FROM SUBJECT MATTER EXPERTS Weekly articles _ Walk & Talks HELP PUT WEEKLY THEMES INTO CONTEXT EXPLORE KEY TOPICS IN REAL WORLD SCENARIOS • Online surveys Table at local events ALLOW INDIVIDUAL EXPRESSION VEETING PEOPLE WHERE THEY ARE Multi-lingual branding Vtil EMW q PROCESS OF BUILDING TRUST IaC 4pE s. M 4 We asked for feedback in different ways o For example, take a picture at your home and answer the question, "In 20 years, I envision an Edmonds that... [fill in the blank] ■ "In 20 years, I envision an Edmonds that... our kids can afford to live in." The draft Community Vision Edmonds City Council Approved Minutes August 2, 2023 Page 3 o From the 8,500 comments, staff worked with the consultant team cataloging and identifying common themes and commonly heard/written words and drafted a community vision statement that they thought was in complete alignment with that collective feedback. ■ "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." o Some people may have used different words or said something in a different way. o The intent was to be true to people's direct comments at the meetings/gatherings, one-on-one conversations or snapshot taken at home. o Confident the draft community vision reflects the community as a whole. The vision drafting process o 8,500 comments were used to create a word cloud areas parking neW sidewalk�°�'� -IT ;F q oot streets less safe °L peoples perks, ,.� Ao d bw'.r lovg 5Ji keiand beautrful atural,, e o Draft Community Vision Statement o Feedback from surveys was drawn from six weekly themes ■ Identity ■ Quality of Life ■ Economic Growth ■ Environment ■ Culture ■ Livability & Land Use o Statement was developed based directly on commonly used words — very little editorializing to stay true to collective community feedback o Draft vision statement was vetted to make sure the terms used translated positively in other languages Development of Visioning Statement o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Many commenters described Edmonds as friendly and inviting, placing high value on the sense of community and neighborly relations. ■ Many stated need to be more inclusive and welcoming, recognizing Edmonds is becoming more culturally diverse Edmonds City Council Approved Minutes August 2, 2023 Page 4 ■ This phrase balances the lived experience of a welcoming city and aspirational goal to become more inclusive ■ Commonly used words: community (259), diverse/diversity (205), culture (204, friendly (92, represented (92), welcome (60), quality (40), different (33), multi -cultural (29), respect (26), inclusive (25), opportunity (15), acceptance (12), acknowledge (8), kindness (7), tolerance (7) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ During six weeks of conversations, clear environmental stewardship is strong in Edmonds ■ Statement addresses the value of open space, tree canopy, water protection and natural beauty of Puget Sound ■ Commonly used words: Trees (408), environment (93), green (76), marsh (39), canopy (39), open space (30), streams (22), habitat (16), stewardship (5), wetlands (5) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Trickier to say in a condensed way. A lot of uniqueness addressed by neighborhood including restaurants, local shops, walkability, access to waterfront, historic character, vibrance of downtown Edmonds, ■ More needs to be done in other neighborhoods to highlight their uniqueness ■ Statement reflects vibrancy and diversity - Edmonds is not just downtown, there are unique neighborhood centers with their own identities ■ Commonly used words: small town (211), walk/walkable/walkability (209), restaurants (147), art (138), building (135), neighborhood (86), charm (68), shops (68), vibrant (20, historic (18), commercial (16), village (11), entertainment (11) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Key themes identified were issues with speeding, lack of sidewalks, disconnected bike infrastructure, need for traffic calming, desire for better pedestrian lighting ■ "Safe" reflects the desire for better designed transportation in infrastructure for all users which speaks to the Complete Streets policy, especially children ■ "Healthy" covers the desire to green the City's streets via landscaping and also healthy in terms of physical activity - active living by design - walking, biking and transit access ■ Commonly used words: street/road (181), safe/safety (163), sidewalk (156), parking (125), bike/bicycle/cycle (103), traffic (87), walkability (77), green (76), cars (54), transit (45), speed (44), pedestrian (40), bike lane (39), kids (35), pollution (31), transportation (27), slow (22), health (18), fast (15), lighting (14), crosswalk (13), traffic calming (8), stormwater (7), litter (6), fossil fuel (3) o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Recognizes vibrant arts community ■ Expressed desire for more diversity in the arts in Edmonds, particularly youth, indigenous people's involvement and access to art outside the bowl ■ Recognizes the value of Edmonds as a destination for arts, whether performance, culinary or physical ■ Commonly used words: restaurants/eateries (156), art/artist (138), music (24), creative (9), ECA (4), performance (4), art culture (4) Edmonds City Council Approved Minutes August 2, 2023 Page 5 o "Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged residents who take pride in shaping our resilient future." ■ Acknowledges there are several threats to urban heritage, both natural and political ■ Speaks to ability to retain what is most important in the face of an uncertain future ■ Resilience of build environment most common, recovering from natural disasters, also in relation to economy, recovering from macroeconomic disruptions ■ Self -resilience of Edmonds residents to meet challenges at various life stages ■ Resilience from a social, environmental and economic perspective ■ Commonly used words: nature/natural (141), affordable/affordability (101), environment (93), climate (39), sea -level rise (33), expensive (26), sustainable (23), future (22), gas (20), historic (18), economy/economics (14), housing options (10), resilient (3), disaster (3), crisis (3) Next Steps o Tonight kicks off 30+ days of "Ask Us" Campaign to inform scoping of environmental impact statement (EIS) which is a requirement of the GMA o Scoping Outreach - Join Us ■ August 6 - Edmonds Community Fair ■ Wednesday Afternoons Popsicles in the Park - 4-5:30 pm - August 9 at Civic Park - Additional dates/locations to be included on website and distributed via email list and social media ■ Pop -Up Events throughout the City - Focused on neighborhood commercial centers throughout city - Starting August 17 at Five Corners - Additional dates/locations TBD ■ September 9 - Porchfest ■ More information to be posted on project website "Ask Us" Campaign may sound similar to last summer's efforts o It is different - Begins to drill into topics that will be studied in the EIS - Looks at alternatives to meet growth targets - How to meet growth targets - Where to put the density - If the City has to provide 9,000 housing units - how would you do it? Where should it go? What are the implications? What should be studied? - Answers will be documented and will inform EIS scoping of EIS Near Term Next Steps 1. Launch formal 30-day scoping period 2. Host numerous events and offers a variety of ways to engage 3. Develop growth alternatives to study in EIS 4. Launch Community Champions Advisory Committee 5. Briefings at planning board and city council Generalized Project Timeline Edmonds City Council Approved Minutes August 2, 2023 Page 6 ASK U ,J .., M, Comprehensive Plan Draft Mayor Pro Tern Tibbott opened the public hearing. Roger Pence, Edmonds, speaking as a former member and former chair of the planning board during the period when this vision statement was first developed, said he attended and participated in several of the outreach events that Ms. McLaughlin referenced. He anticipated a major event when the vision statement was unveiled on November 5 and was taken aback when the music at Porchfest was interrupted to unveil the 41 words with little substance. He had envisioned something less general and less vague and characterized it as a value statement, not a vision statement. Values can drive a vision, but they are not a substitute for a vision. The 41 word statement is too general and there is nothing that would prohibit an urbanist consultant from Seattle proposing a 7-story tower downtown to accommodate growth and development. There is nothing in the vision statement that states that is not the citizens' vision for the future. The other problem with the statement is the absence of ability to refine or develop a vision. It was presented as one and done with no ability or interest on the part of staff in incorporating additional input and criticism into revisions because the model that was used would require redoing the entire process. He opined that was not a good way to do community engagement; it should be a process of continual improvement, an iterative process where feedback and new ideas are incorporated until a final product is developed, not a one and done process. Marji Fields, Edmonds, thanked Ms. McLaughlin for the explanation and analysis which she found very helpful. She also thanked Ms. McLaughlin's staff for their hard work. The vision statement as presented may not be perfect, but she thought it was pretty good. Her main concern was the lack of reference to climate change, but she felt the residents have provided input and the City will fix that problem. A vision statement can't do everything, it only sets the stage for an action plan. Action plans make the difference and close attention needs to be paid to them. She recommended saving energy for those specifics rather than wordsmithing the vision statement. Mackey Guenther, Edmonds, founder and executive director of a new, emerging organization in Edmonds, Coalition for an Accessible and Resilient Edmonds (CARE). CARE's mission is to build a more sustainable, equitable and prosperous Edmonds, doing this from the ground up through grassroots advocacy, empowering a diverse set of resident voices, particularly resident voices that sometimes don't make it all the way to council chambers. This summer their email list has grown to over 150 residents and is growing quickly. Some of these voices have contacted the council expressing their appreciation for the working draft comprehensive plan vision statement. They know the council welcomes more resident voices at meetings and they look forward to bringing more to the council. Informed participation is the bedrock of democracy. To learn more about CARE's work, he invited the council to attend one of their upcoming citywide presentations. The next one is August 23 from 6 to 7 p.m. at the Edmonds Waterfront Center. Edmonds City Council Approved Minutes August 2, 2023 Page 7 Joe Scordino, Edmonds, said the vision statement misses the mark. It is biased toward Edmonds looking like Lynnwood or Mountlake Terrace, not the community that actually exists. It needs to acknowledge Edmonds is a waterfront town, that the City wants to help in the recovery of Puget Sound and salmon, and that the City is a ferry town, something few entities in the U.S. can say and something that needs to be cherished as part of Edmonds. Edmonds has a fabulous marina and fishing opportunities; that is not acknowledged in the vision statement. Residents want Edmonds to have abundant trees and greenery and parks where everyone can enjoy the outdoors whether under trees or on beaches. Residents don't want traffic congestion from excessive housing or transients who trash the beautiful community. Residents want to preserve Edmonds and an Edmonds kind of day for their grandchildren. That is missing from the draft vision statement and it needs to be totally revamped. Jeremy Mitchell, Edmonds, said a lot of work went into the draft vision statement by staff and community input. Nothing is 100% correct all the time. In his prior work on vision statements, he recalled someone saying the vision statement needed to be able to fit on a t-shirt; not all the details will fit in one paragraph. Longer than that, those become subset values that can be expanded on and drive the comprehensive framework. If council is unsure due to the 51%/49% split on validating the vision statement, the data could be run through a subcommittee to develop their own draft statements for validation. Chris Eck, Edmonds, agreed with Ms. Fields, a vision statement is intended to be short, as encompassing as possible, but that is difficult to do in something brief. The work will be in the details around the comprehensive plan itself and it will be important to continue checking in with the community on the detailed plan related to the vision statement. Spending too much time on the vision statement is not a good use of resources or focus when the actual plan will be the most important. Ron Eber relayed the staff report suggests limiting refinement of the vision statement because it might not reflect all the previous public involvement. He expressed concern that the current draft does not accurately or adequately addresses or capture that public sentiment. In looking at the raw data, the number one response to the question, "what do you like about living in Edmonds? was waterfront access; other responses include natural resources. Although this speaks to environmental stewardship, it is more than that. He referred to an email he sent to council and staff that suggested adding to the last sentence of the vision statement something like residents embrace open access and the natural resources of Puget Sound. That is an important aspect of Edmonds; the beach was packed with people during Monday's low tide. Access and ability to partake in the natural resources of Puget Sound is extremely important. The last sentence should also say Edmonds takes pride in shaping its climate resilient future. He understood staff sees resiliency as broader, but it will all come under responding to climate change and it needs to be mentioned somewhere in the vision statement. If the vision statement is supposed to be the foundation to guide the comprehensive plan update and the consultant has not yet developed a community engagement plan as called for in the contract, this is already being used before it is approved and staff is already putting out what they plan to do in the next 3-4 months and there is no community engagement plan. He urged the council to roll up its sleeves, not tinker with the vision statement too much as it may take too much time, but there needs to be something that everyone can embrace and feel comfortable with, either a vision statement or a value statement. He urged the council to review the comments he submitted about getting some mention and connection to Puget Sound and the waterfront. With no further public comment, Mayor Pro Tem Tibbott closed the public hearing. Councilmember Nand thanked Ms. McLaughlin, recognizing she and her department have been working very hard on this project for over a year. The council has gotten very robust feedback from the community, not 8,500 responses, but a couple dozen people with strong opinions either way about the vision statement have reached out. One group that commented brought up the phrase, the gem of the Puget Sound. After receiving emails, she goggled that phrase to see how it was associated with Edmonds. She asked staff to Edmonds City Council Approved Minutes August 2, 2023 Page 8 explain the providence and use of that statement in the City's history and how it relates to the visioning statement. Ms. McLauglin, said the gem of the Puget Sound is not in the current draft vision statement so she could not speak to the history of that statement. Councilmember Nand said it has been used in publications related to Edmonds, but wondered it if had any official providence. Ms. McLauglin said she has also heard it colloquially but was unable to speak to the heritage use of the phrase. She did not disagree with the phrase and felt it was a great phrase but could not speak to it. Councilmember Nand thanked everyone who participate in public outreach and this public hearing. Some of the criticism the council received was this was a waste of time and resources, but she felt asking the community to weigh in on the draft vision statement is an important exercise in what we value and how we see ourselves. She recognized the Alliance for Citizens of Edmonds and Coalition for an Accessible and Resilient Edmonds for galvanizing their members to reach out to the City and provide feedback. Councilmember Chen expressed appreciation for Ms. McLaughlin and her team's hard work during the past year to develop this 41 word statement. The first sentence, Edmonds is a welcoming city, grabs his attention. If Edmonds is not currently welcoming, that is something the City strives to be. He referred to the phrase, safe and healthy streets, which establishes a framework of taking care of speeding problems and other issues happening on the streets, but he wondered if streets was the only thing and whether parks, and open spaces could be referenced. He suggested staff consider open spaces including streets and parks in that sentence to be more inclusive. He asked if all the people who work, play and visit Edmonds were residents or could other people be included. He suggested replacing resident with people to be more inclusive. Ms. McLaughlin said limiting it only to residents was not something that came from the feedback so that possibly could be changed. Council President Pro Tem Olson said packet page 217 of the draft vision refers to the desire to green our streets through landscaping and stormwater infiltration. She was open to the possibility that there might be infrastructure improvements as part of environmental stewardship. There is nothing in the feedback that talked about infiltration. Ms. McLaughlin said safe and healthy streets was under the theme of transportation. Commonly used words include green; when green is used to describe streets, it means landscaping, street trees, green factors within the streets. Stormwater is not explicitly mentioned in the safe and healthy streets phrase in the vision statement, but the desire to green streets through landscaping and stormwater improvements was a theme. Council President Pro Tem Olson said just because it is a planning term, looking up healthy streets leads to a website that talks about extensive infrastructure changes that go along with that. She did not want that to be prioritized in the comprehensive plan. It will certainly be a balancing act issue, but she did not want that to guide the comprehensive plan as a priority. She did not think that was in the input, she looked for it and did not see it. Ms. McLaughlin said health streets is a broad and encompassing explanation of active streets; healthy in the physical sense, providing bike and pedestrian opportunities as well as the green aspect of streets. Green is also in the environmental health of streets; safe and healthy does not come from stormwater, it was something that came up in the commonly used words. Council President Pro Tem Olson commented the other repetitive feedback that the council is hearing about is a vision statement versus a value statement, instead of using this as a vision statement, the council might choose to use a vision statement like the gem of the Puget Sound with value statements to back it up. Ms. McLauglin asked Council President Pro Tem Olson for clarification regarding gem of the Puget Sound. Council President Pro Tem Olson said that could be the vision statement and the values identified through the outreach process in the draft vision statement would be the more substantive values to back it up, to answer the question of what do you mean, gem of Puget Sound? More qualitative things than just being a Edmonds City Council Approved Minutes August 2, 2023 Page 9 beach city. Ms. McLaughlin said she was dedicated to staying true to the feedback received through the 8,500 comments. There was a lot said about environment and specifically green, marsh, canopy, open space, streams, habitat, stewardship, wetlands. She agreed with Council President Pro Tern Olson that Gem of the Puget Sound was a cool phrase and one that she possibly could relate to. However, she was unsure that was true for the residents on Highway 99. She can only take what was learned via these commonly used words; Gem of the Puget Sound was not something people said during the outreach. Council President Pro Tern Olson summarized it was inclusive of all the things in the vision statement, especially when it is backed up with value statements consisting of the items in the draft vision statement to explain what it means to be a Gem of the Puget Sound. Work is being done on all the business districts; for example, the International District has the potential to be a total gem. It does not deviate from the inputs to categorize them as value statements to back up Gem of the Puget Sound as a vision statement. Council President Pro Tern Olson disagreed with staff s recommendation in the public hearing that there is no need to get approval. The inputs from the public hearing and other public processes should inform staff and staff could bring back the vision statement with whatever tweaks might be appropriate because somebody saw things in the data that are better represented the way they saw it than was in the original. That was the purpose of getting further feedback from the community. It could then go through the planning board who could forward a recommendation to council and council could ultimately approve or tweak the statement by the end of 2023. Depending on what other approaches are suggested, she may draft a resolution to that effect. Mayor Pro Tem Tibbott spoke to the public hearing process. The council will not take action on any part of the vision statement tonight. Following a public hearing, the council typically waits to take action and because this is a special meeting, the council is not allowed to take action unless it is on the agenda. The council will not take action tonight but is discussing ideas for moving forward with the visioning process. Mayor Pro Tern Tibbott asked staff to speak to what is unique about a vision statement that is a summary for a comprehensive plan versus a vision statement on a bumper sticker, letterhead, flag, etc. and how the vision statement would be used versus a statement on letterhead. Ms. McLaughlin answered the current comprehensive plan does not have a vision statement; it is not required by GMA and not something all cities do. She thought it would be a good kickoff exercise to gather feedback via a visioning process, to begin envisioning what people want for the future of Edmonds and let that shape the scope of work for the consultant contract which it ultimately did, followed by a more technical analysis. As many of the commenters said during the public hearing, the content of the comprehensive plan is what will ultimately matter and she needs to be mindful of the resources that go into the development of the content in order to adopt a comprehensive plan update by the end of 2024. The difference between a draft vision statement for the comprehensive plan is it is a starting point. Ms. McLaughlin explained she studied the development of a vision statement last year; part of it is the process, engaging people in the process so they feel ownership and stewardship over the statement and development of the comprehensive plan. The purpose of this vision statement will be to launch the comprehensive plan, to be a sounding board as more content on topics is developed. It doesn't mean if a word is missing it won't be studied, it absolutely will. For example, the waterfront, there is a huge scope of work for the Waterfront Plan and it is a key part of environmental stewardship. However, the feedback from the community was much broader than just the waterfront. She agreed the draft vision statement will frame the content of the comprehensive plan. The same work could be done without it, but without it, the 8,500 comments received through the 6-week process are not honored. If the vision statement is debated word by word, the purpose may be lost. Edmonds City Council Approved Minutes August 2, 2023 Page 10 Ms. McLaughlin explained if the city council wanted to a create a vision statement for the City, it could cover much broader aspects such as fiscal resilience in the budgeting process, police, etc. This vision statement is part of the comprehensive plan that will take the City through the end of 2024. There will be many opportunities for council to ensure the process is pointing toward the north star and that everyone is moving in the same direction. The best place to do that is on individual topics. Councilmember Buckshnis thanked staff for answering many of her questions, commented Gem of the Puget Sound is a book by Ray Cloud which is in the current comprehensive plan which she hoped was being read to be updated rather than rewritten. She commented it sounded as though staff was trying to create copy and rewrite something that already exists. There are already pretty good sections on environmental sustainability, land use, etc. She wanted to ensure the intent was to update the comprehensive plan. Looking at other websites, their comprehensive plans have been updated and have not used visions statements. She expressed concern a lot of time and money had spent during the last year on visioning and ensuring it was inclusive, yet when she reads the source data, she did not see anything about healthy streets and did not see 8,500 140-word responses. She asked if all the source data had been provided, commenting by her count it was less than 5,000. Ms. McLaughlin advised the raw data is from the surveys. The handwritten comments at each of the community events have been tallied and they make up the rest of the 8,500. There are 7,900 in the survey tabulation and the remaining approximately 600 are handwritten comments on a clipboard based on conversations at outreach events. Councilmember Buckshnis said she hoped this same process would not continue with the comprehensive plan update. The council needs to have statistical surveys to have a better understanding. She asked how many surveys were submitted in different languages. Ms. McLaughlin offered to provide that information, recalling there were a few. As explained at previous council meetings, all the tools were provided but the City does not have an inclusive relationship with many populations that have previously not been engaged. It is about relationship building and the intent is to do a similar, very inclusive process moving forward in multiple languages and to encourage people to participate. Councilmember Buckshnis relayed her concern that it is very biased in some areas. For example, one person wrote walkability, welcoming and affordability and all that was recorded was walkability. She did not always equate what was said/written to what was recorded as the five areas. Ms. McLaughlin said she would need to review the example that was referenced in more detail. Every comment was accounted for; it may have been that it was cataloged in a different place that Councilmember Buckshnis did not see. Councilmember Buckshnis asked what she meant by cataloged in a different place that she did not see. Ms. McLaughlin answered there were themes such as livability, quality of life, etc. so it could have been cataloged in a different place. Councilmember Buckshnis said she continues to be concerned that the council, as policy makers, the planning board, the economic development commission (EDC), the DEI commission and youth commission are not part of the process. The City has many volunteers that help the council figure out what's going on, yet this vision statement came to council saying it can't be changed. The vision statement does not reflect what she read in the source data. She agreed it was a value statement, not a vision statement. She wanted to start working on updating the comprehensive plan and not continue to belabor the vision statement. Ms. McLaughlin said she completely agreed with Councilmember Buckshnis. Councilmember Buckshnis reiterated she did not agree with the vision statement or how it was created using the source data. Councilmember Teitzel observed staff s recommendation states the draft vision statement will not be finalized until the comprehensive plan is adopted sometime before December 31, 2024. That indicates it is still a draft and based on input received in the near future, it could potentially be modified. He asked if that was a fair statement. Ms. McLaughlin answered recognizing the level of interest and the need to dive into Edmonds City Council Approved Minutes August 2, 2023 Page 11 the topics, adoption of the comprehensive plan is ultimately a council action so it wouldn't behoove to call it a final vision statement at this time. Councilmember Teitzel referred to the term, north star, commenting he viewed the vision statement as a north star to the comprehensive plan where the comprehensive plan components build up to this overarching vision statement. He was unsure how to proceed based on a draft statement that may change in a significant way. In terms of the vision statement itself, terminology matters. He has heard many terms in relation to streets including walkability, safe, complete, green streets, etc., but healthy streets is a new term . He referred to WSDOT's Complete Streets in a King County presentation in last week's packet, pointing out the definition of Complete Streets talks about walkability, safe bicycle lanes, safe for vehicles, parking, etc. In the 8,500 comments that were provided, there were numerous comments about a desire for those things so he could see the link to complete streets. However, healthy streets is a broader, more vague term. He suggested that adjective be changed to relate to complete streets which it appeared the respondents were referencing. Councilmember Teitzel referred to the public comment that resilient was a broad, ill-defined term in this context and suggested adding climate before resilient which he agreed would make it more direct and understandable. He requested staff consider his suggestions related to the wording. Councilmember Paine thanked Ms. McLaughlin for talking about the translations being culturally sensitive. That is very important in outreach to more diverse communities where English may not be their first language. She read from an email the council received related to what the City is striving for in 2044, Edmonds is a welcoming City offering outstanding quality of life for all. This must actually include all no matter their background, their income or their housing status. Valuing environmental stewardship, allowing housing to prevent sprawling exurbs and the destruction of wild lands, vibrant and diverse neighborhoods include people of all kinds and that are safe and healthy with more neighbors walking, rolling and playing and imagine how thriving our art scene would be if we had abundant homes artists could actually afford. The vision statement is aspirational and touches on a lot of things everyone values whether they were born in Edmonds or moved to Edmonds. These are the values and qualities of Edmonds life. She recognized the vision statement was a working draft until the comprehensive plan is approved at the end of 2024. Councilmember Paine expressed interest in a nudge toward climate adaptation, climate mitigation resiliency because that is the existential threat these days. Elements of the environment need to be recognized, for example sea level rise is a climate impact. Active transportation such as walking to bus stops, parks, etc.; ensure that is a good experience for everyone. It does not necessarily need to be a green street, but has a sidewalk and there aren't speeding vehicles that increase the decibel level and make it uncomfortable and oppressive to walk on such as on SR-104 or Highway 99. This comprehensive plan is looking 20 years out and needs to address things like this. The comprehensive plan will get updated every 10 years in the future. Planning & Development has been asked to add a lot to the comprehensive plan such as an economic development element, and appendixes like the climate action plan, PROS Plan, stormwater plan, etc. There is a lot of synchronizing that needs to happen and things that need to be included in the comprehensive plan and ensure it melds together. Councilmember Paine said she would be surprised if the draft vision statement changed much. She recognized and honored the commitment to hearing 8,500 separate voices from the community. That is small-d democracy, some people went to all the outreach events and their voices may have carried more weight, but 8,500 comments is a lot of content and needs to be recognized. She thanked Ms. McLaughlin for the explanations tonight and looked forward to what comes back to council. Councilmember Nand commented two councilmembers are fluent in non-English languages that are dominant in Edmonds; is she fluent in Spanish and Councilmember Chen is fluent in multiple dialects of Edmonds City Council Approved Minutes August 2, 2023 Page 12 Chinese. She asked if it would be possible the next time the draft vision statement is brought to council to provide the translations in the packet as well. Ms. McLaughlin asked if her question was to have it translated into those other languages. Councilmember Nand answered the three dominant non-English languages that are identified. Word choice matters as does dialect. Ms. McLaughlin agreed which is why the consultant did that. Councilmember Nand asked to see the translation of the vision statement in those languages. Councilmember Nand suggested having clauses reworked with different options with the same substance because wordsmithing is what is provoking a lot of emotional responses from certain people who have commented quite passionately. Noting as a lawyer she wordsmiths for a living, she suggested an article may be needed between "offering" and "outstanding." Ms. McLaughlin answered she did not think so. Councilmember Nand suggested an alternative such as we value our natural environment or something like that versus we value environmental stewardship. In regard to the controversy over healthy streets, she suggested, a safe and healthy community in general to encompass open spaces, green spaces, shade equity and the walkability of the streets. With regard to the reference to residents, there are community members who work in Edmonds but do not live in Edmonds. She suggested, we are engaged community members who take pride in shaping our resilient future, instead of we are engaged residents. She looked forward to seeing the Spanish version of the vision statement. Council President Pro Tem Olson agreed with replacing residents with community members. This is the City of Edmonds' comprehensive plan and it should be shaped by the City of Edmonds people. Framing that as community members is slightly more inclusive to include workers, etc. which she did not object to. Councilmember Buckshnis asked if council will be able to select community champions as she suggested rather than having staff select them, recalling what happened with the PROS Plan. Ms. McLaughlin responded she was not part of the PROS Plan so could not speak to that. She was not prepared to speak to the community champions process at the moment and offered to speak to that at a later date. Councilmember Buckshnis relayed her hope that the council was involved with the selection. Mayor Pro Tem Tibbott summarized the council was interested in wordsmithing and adaptation could be beneficial and could possibly come back to council. Another possibility is letting this draft vision statement go the background and instead focus on values. He suggested the council may want to discuss that at a future meeting; a draft vision statement that was moldable and value statements help backdrop the community discussion. If the intent is to move forward with a vision statement, council is interested in what that implies related to next steps. Ms. McLaughlin said she preferred not to lose sight of the vision statement as the process progresses; there was a lot of feedback during the public hearing. To the comments that so much time has been spent on the vision statement this year, it has not been worked on since November 2022 because staff has been working on hiring consultants, developing the scope of work, etc. As some time will have passed when the public is reengaged, it will be valuable to have a bridge between the 6-weeks process, the resultant comments, the draft vision statement, and values that will start shaping housing distribution, transportation, etc. What Mayor Pro Tem Tibbott said regarding going from vision to values makes a lot of sense as work begins on the individual topics. She recommended keep sight of the vision statement and moving forward. 9. COUNCIL BUSINESS 1. AMD2023-0005 REVISED MINOR CODE AMENDMENT PACKAGE #2 Mayor Pro Tem Tibbott requested councilmembers identify amendments that should be removed followed by amendments that only needed minor tweaks. Edmonds City Council Approved Minutes August 2, 2023 Page 13 Councilmember Buckshnis observed "residents" had been changed back to "citizens" in the code. She referred to an email she sent to City Attorney Jeff Taraday quoting RCW 35A.12.130 because last week both she and Councilmember Teitzel indicated they felt staff should be handling sections of the code rather than doing search and replace. RCW 35A.12.130 states no ordinance shall contain no more than one subject and that must be clearly expressed in its title. There are over 145 different chapters included in this code update which she assumed violated that RCW. Mr. Taraday disagreed, explaining the title of the ordinance reads, An ordinance of the City of Edmonds, Washington, Adopting Various Minor Updates to the Edmonds Cit Code and the Edmonds Community Development Code, None of Which Constitute Substantive Policy Changes. The subject of the ordinance is to adopt minor updates to the code that are non -substantive. If any councilmember feels any of the updates are substantive, they would not fit within that subject and there could be a possible conflict between subject and content. As long as everyone agrees these are non -substantive policy changes, which they need to be to take advantage of the minor code amendment process, the title of the ordinance conveys the subject of the ordinance. Councilmember Buckshnis commented all the chapters are taken out of context so she did not know whether the updates were substantive or not. Changing citizen to resident, that was a policy issue because for example someone donating to the marsh had to be a resident and the council wanted it expanded beyond resident. She felt that was a substantive issue because it defined how the City would receive money. Mr. Taraday responded for every section being amended, the section in its entirety is included in the attachment so there is context, not just a single sentence that is being revised. He clarified this is staff s best effort to comply with the minor code amendment process that the council adopted to try to streamline the code modernization process. If the council wants to do it differently or wants it handled via 20 different ordinances, the council can take action to direct staff to do that. In staff s opinion, this is the most expedient way to comply with the minor code amendment process and, in his opinion, it complies with the legal requirement to have only one subject in the title of the ordinance due to the way the subject is framed and the constitution and statute do allow the title of an ordinance to be framed in a way to encompass a broad subject. Councilmember Buckshnis said she may disagree on that because it does not always include every aspect of the code and some of the changes actually change the authority from the community service director to the planning and development director. The council needs to see the entire code, not just the section. For example, it jumps from 6.20.042 to 6.20.050 so the council does not see sections of the code that need to be updated. A change from the community service director to the planning and development director could be a significant policy change depending on the topic. Mr. Taraday clarified staff was not trying to cram anything down the council's throat; staff was trying to serve the council and the council's goal to modernize the code. If the council wants to do it differently, it can direct staff to do it differently. Councilmember Buckshnis summarized she was not pleased with how this came through. Councilmember Teitzel thanked Planner Rose Haas and Planning & Development Director Susan McLaughlin for their responses to him, commenting they were very helpful, helped clarify a lot of his questions, and reduced the number of changes he would make. He referred to packet page 64, Section 3.17.010 Historic Preservation Gift Fund, where citizens was changed to residents. Staff s response was to remove all those changes in their entirety, but this one remained. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE THE WORD "RESIDENTS" TO "CITIZENS" IN SECTION 3.17.010 AS IT READ BEFORE. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel referred to packet page 72, Section 4.68.100 Construction in Right -of -Way, which states Notification of City Community Services Department, relaying most other references to Community Services Department had been changed in tonight's packet. He asked if staff planned to change that in the future or should it be changed as part of these amendments. Ms. Haas answered Attachment 2 includes an Edmonds City Council Approved Minutes August 2, 2023 Page 14 explanation for the removal of community services director. Community services is a department and director that no longer exists; it was established in 1984 and the community service director was the administrative head of community services department which included the engineering division, public works, planning, and parks. It was repealed in 1999 under Ordinance 3279. Ordinance 3959 from 2014 further clarified divisions. Any instance of community services director will be changed to public works director. This is not assigning work to anyone, this is something that already occurred via ordinance and adopted into the code. Councilmember Teitzel commented Section 4.68.100 refers to an obsolete term, community services department, which was changed in other sections to either public works department or planning & development department. Ms. Haas answered community services department will be changed as part of the next minor amendment package in October. Councilmember Teitzel referred to packet page 140, Section 20.50.010(10) where citizens was changed to residents which staff agreed would not be done as part of this amendment package. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE THE WORD "RESIDENTS" TO "CITIZENS" IN SECTION 20.50.010(10) AS IT READ BEFORE. Council President Pro Tem Olson asked why Councilmember Teitzel was proposing to have residents changed to citizens. Councilmember Teitzel answered staff revised last week's packet to remove all the changes from citizens to residents so they could be changed as part of a future amendment. Councilmember Nand asked what term will be used in the future amendment to identify people in the community. Ms. Haas answered it was clear at last week's meeting that council wanted something more nuanced in those instances so staff will work toward that. In some instances it may be a more major code amendment so staff will need to look at them more closely. Ms. McLaughlin commented where citizen only applies to a resident, citizen would be replaced with resident. The issue last week was in some instances the reference to citizens should have included other entities such as businesses, nonprofit organizations, etc. as well. Staff will be evaluating every reference to determine how to change it as well as evaluate whether it still qualifies as a minor code amendment. Councilmember Nand suggested community member could be a good catchall for business entities, nonprofit entities, and actual humans. Councilmember Paine did not support the motion as it related to a physical wireless community facility that was abandoned and located within the City so it definitely applied to a resident. She appreciated the discussion about resident versus citizens versus community member, agreeing that was a valid point of study. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. Councilmember Teitzel referred to packet page 56, Section 81 which refers to a change in Section 20.50.010 and with the amendment that was just passed, there is no change to that section. He asked if the Section 81 reference should be removed. Mr. Taraday agreed it should be. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO STRIKE THE REFERENCE TO SECTION 20.50.010 IN SECTION 81 ON PACKET PAGE 56. MOTION CARRIED UNANIMOUSLY. Council President Pro Tern Olson referred to item 5 on packet page 39 where there is a code reference that she confirmed with staff should actually be .040. She asked if that mattered. Mr. Taraday answered a typo in Attachment 2 is not an issue because Attachment 2 is a cheat sheet for the council. The actual ordinance Edmonds City Council Approved Minutes August 2, 2023 Page 15 is Attachment 3; any errors in Attachment 3 should to be corrected. Staff confirmed the typo was not in ordinance in Attachment 3. Council President Pro Tem Olson thanked staff for the cheat sheet, finding it very helpful. Council President Pro Tem Olson referred to packet page 39 and requested item 13 be removed and handled in a different manner. The notes/context for that item state not consistent with outdoor dining code. She did not support removing the example and preferred additional changes be made to this code section (17.50.030.A) such as more specificity about the exclusions. Mr. Taraday advised that corresponds to Section 58 in the ordinance. Mayor Pro Tem Tibbott asked if a motion was required for amendments the council wanted to have removed from the package. Mr. Taraday answered it was cleaner if council takes action to remove the amendments as it provides clear direction. Ms. Haas answered the reason that amendment is included is because it is directly inconsistent with the outdoor dining standards in ECDC 17.75.010.E which explicitly states no additional parking stalls shall be required for outdoor dining usage. Council President Pro Tem Olson said it does not accomplish what is intended by putting clarity in the code. Taking out the example that is in conflict, it is still something that may come to mind. There needs to be more specificity about the exclusion of parking relative to outdoor dining. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE ITEM 13 FROM ATTACHMENT 2. MOTION CARRIED UNANIMOUSLY. Council President Pro Tem Olson referred to page 39, item 5, commenting fees is a hyperlink in the proposed code change. It would be more clear for those who are less tech savvy to add at the end, "and can be accessed at the blue "fees" hyperlink." COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD AT THE END OF THE PROPOSED CODE CHANGE FOR ITEM 5, "AND CAN BE ACCESSED AT THE BLUE "FEES" HYPERLINK." Councilmember Nand asked if the hyperlink is always blue when viewed with various browsers, recalling she has seen it not be blue. Ms. McLaughlin said she was not certain. Ms. Haas suggested not using the word blue. Councilmember Nand suggested referencing the hyperlink, commenting that was an important issue for ADA accessibility such as someone with a vision impairment. Council President Pro Tem Olson referred to packet page 86, Attachment 3, which references a hyperlink to 2023 Fees Associated with Development which is just informing the council that that will be added, it is not actual text that will be included. Ms. Haas agreed, explaining that was a note to council as she was unable to include the hyperlink in the exhibit. Council President Pro Tem Olson summarized the amendment incorporates the note. Council President Pro Tem Olson restated the motion: MODIFY ITEM 5 IN MINOR CODE AMENDMENTS PACKAGE 2 BY ADDING THE WORDS, "AND CAN BE ACCESSED AT THE "FEES" HYPERLINK." Councilmember Buckshnis asked if the amendment was necessary since page 86, the ordinance, states [hyperlink to 2023 Fees Associated with Development]. Ms. Haas reiterated that was a note for council because she was unable to provide a hyperlink in the exhibit. Councilmember Buckshnis pointed out the language [hyperlink to 2023 Fees Associated with Development] had already been added to the ordinance. Edmonds City Council Approved Minutes August 2, 2023 Page 16 Ms. Haas explained the note was only to identify that "Fees" would be a hyperlink, but that the note [hyperlink to 2023 Fees Associated with Development] would not be included in the ordinance. Council President Pro Tem Olson said her intent was to have language similar to the note included in the ordinance. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE REVISED MINOR CODE AMENDMENT PACKAGE 2 AND THE ASSOCIATED ORDINANCE NO.4314. Council President Pro Tem Olson referred to item 30 on packet page 41 and the proposed amendment to change community services director to either the public works director or planning and development director. She questioned whether that was a minor code amendment because there would be a judgment call whether it would be the public works director or the planning & development director. Ms. Haas explained that is the result of an ordinance in 2014. Ms. McLaughlin explained the previous reference became obsolete and the 2014 ordinance essentially delegated responsibilities to different departments that are now relevant. Council President Pro Tem Olson reiterated it would be a judgment call related to which director would be appropriate. She preferred to pull this proposed amendment as it was not minor. Ms. McLaughlin answered there is no administrative judgment because the 2014 ordinance specified which department would doing what, however, the changes to the code were not made in 2014 and the proposed amendment makes those corrections to be consistent with the 2014 ordinance. Council President Pro Tem Olson asked if the 2014 ordinance was consulted as each amendment was made. Ms. Haas answered yes, she used the ordinance to determine the appropriate director. She referred to Section 2.10.050 which was adopted by ordinance in 2014, wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the community development director; development services director was changed to planning & development director in the last package of amendments. Said reference shall hereafter be construed to mean planning & development director provided that those references are in Edmonds City Code Title 7, 9, 18 and 4.68 and 17.95 shall be construed to mean the public works director. That is what she used to make the amendments. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Mayor Pro Tem Tibbott declared a brief recess. 2. CITY ATTORNEY CONTRACT 2024 Mayor Pro Tem Tibbott recalled the council went through an extensive process evaluating attorney services that included input from councilmembers, City staff and others. A proposed contract has been reviewed by Lighthouse Law Group, the council and outside counsel. Main Motion COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CITY ATTORNEY CONTRACT. Amendment #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO AMEND THE CONTRACT TO THREE YEARS RATHER THAN FIVE YEARS. Councilmember Buckshnis recognized the contract is a month -by -month contract, but never during her 13 years on council has the council terminated the city attorney contract or taken a vote of no confidence for any action an attorney has taken even though there may have been reason to. With a five-year contract, newly elected councilmembers are totally left out. A five-year contract would set a new precedent as there Edmonds City Council Approved Minutes August 2, 2023 Page 17 had not been a five-year contract in the past. She preferred to stick with a three-year contract to avoid setting a precedent. Councilmember Teitzel referred to Section 8a which states the City may discharge Lighthouse at any time. Should something egregious happen, he was confident the city council would take that action if hypothetically it was necessary. He was not disturbed by the notion of a five-year contract, but could be persuaded that three years would be reasonable. He was comfortable with the notion that the city council could discharge Lighthouse at any time if anything warranted it. Councilmember Paine spoke against the motion, recalling the council went through nearly a yearlong review of the services provided by Lighthouse, a one-year contract and now this proposed five-year contract. Not having a five-year contract in the past was not an issue and with regard to incoming councilmembers, the contract allows for a mutual separation if necessary. Regarding the fact that there had not previously been a five-year contract, Council President Pro Tem Olson explained the previous contract also did not have a termination clause. City Attorney Jeff Taraday responded the language in the termination clause may have varied over the term Lighthouse has been retained by the City, but there has always been a way for the City to terminate the contract on relatively short notice. Council President Pro Tem Olson commented the city attorney is basically an employee of the City via a contracted relationship because it changes the reporting dynamic and gives council a little more objectivity to the city attorney position where they are not reliant on hire/fire by one person. In considering the reason the City contracts, a longer period of time makes more sense. She asked the council executive assistant to research what other cities do related to their city attorney terms; Lynnwood's contract is five years, Lake Stevens term is until terminated (signed in 2018), Issaquah contracted with a new provider two years ago and did a two-year contract term which makes sense since it is a new city attorney. Mukilteo's city attorney contract term is until terminated (signed in 2002). With that as background, a five year term is a conservative approach. She found the until terminated language very interesting. The council went through quite a process and she preferred not to divert council attention to the issue more often than warranted. Councilmember Nand spoke in favor of retaining the five year term because the hourly rates in the contract are quite favorable and the council has an obligation to negotiate a good deal for the taxpayers. She recognized the rates in five years, even with CPI increases, could be quite beneficial and if the City renegotiates the contract every 2-3 years, the price might increase. A longer contract benefits Lighthouse in that they have more stability in the relationship and knowledge of the hourly rate for legal services over the next five years benefits the City. She summarized a five year term is mutually beneficial to the City and Lighthouse. She was uncertain the City would ever get the incredible sweetheart deal of a flat rate but she preferred not to renegotiate the contract with Lighthouse every 2-3 years and if something egregious happened to the relationship, there was a termination clause in the contract. She reminded the council of the prosecutor RFP, only one attorney responded. Fortunately, the City was able to negotiate a fair rate, but the more often the rate is negotiated, the higher the likelihood that the rate will increase which is what happened when the Lighthouse contract became an hourly rate. With inflation and the fluctuations in the legal market, she supported the five-year contract. Councilmember Chen said he looked at the city attorney like a department director. The institutional knowledge is valuable to the City. The rates are favorable compared to the market for similar services. He was comfortable with a five-year contract. Councilmember Buckshnis said in the past the council held an executive session to discuss personnel issues. The council has never had an executive session to discuss this contract or the past or present. There are Edmonds City Council Approved Minutes August 2, 2023 Page 18 three new councilmembers who have no idea what happened in 2020, 2021 and 2022. It is unfortunate the contract is no longer a flat rate contract. She said an executive session is always needed for personnel issues and it is unfortunate an executive session was not held so the council could talk freely. Action on Amendment #1 COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Nand asked if Mr. Taraday was the negotiator representing Lighthouse. City Attorney Jeff Taraday answered he supposed he was. Councilmember Nand referred to Section 1.15, recalling she requested at the PSPHSP meeting that that section be deleted. Conducting a self -initiated performance review could be internally beneficial to Lighthouse, but she was unsure how candid the information would be and preferred the city council conduct its own annual or period performance review independent of Lighthouse's review. Mr. Taraday answered Lighthouse did not have strong feelings about whether Section 1.15 remained in the contract or not. It was not in the original draft; it was added to the contract at the suggestion of a councilmember. He thought it was a good idea to include in the scope of work, but whether it is included in the contract or not does not prevent Lighthouse from conducting a self -initiated performance review. Amendment #2 COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO STRIKE SECTION 1.15. Councilmember Nand explained removing this section was not intended to prevent Lighthouse from soliciting internal feedback but to make it clear it would not supplant any attempt by the city council to review Lighthouse's performance. Amendment #2A COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO REVISE THE WORDING IN SECTION 1.15 AS FOLLOWS: ANNUAL REPORT TO CITY COUNCIL. ON AN ANNUAL BASIS LIGHTHOUSE SHALL PRESENT A REPORT TO CITY COUNCIL COVERING TOPICS REQUESTED BY THE CITY COUNCIL. Councilmember Teitzel explained Lighthouse has provided an annual report for many years; the contract as written does not include an annual report. Councilmember Buckshnis observed the amendment removed review by councilmembers in executive session. Due to things that have happened over the past 13 years, she felt it was important to council to discuss things that happen and that there should be an annual review. She did not support the amendment. Councilmember Nand said she was amenable to Councilmember Teitzel's amendment to retain that part of Section 1.15 as long as Lighthouse was amenable. Mr. Taraday said he had no problem with Councilmember Teitzel's amendment. Councilmember Teitzel restated the amendment: TO REVISE THE WORDING IN SECTION 1.15 TO READ AS FOLLOWS: "ANNUAL REPORT TO CITY COUNCIL. ON AN ANNUAL BASIS LIGHTHOUSE SHALL PRESENT A REPORT TO CITY COUNCIL COVERING TOPICS REQUESTED BY THE CITY COUNCIL" AND STRIKE THE REMAINDER OF THE SECTION. To Councilmember Buckshnis' concern, Councilmember Teitzel clarified the amendment does not mean the city council would not do an evaluation of Lighthouse on a regular basis. This only deletes the requirement in the contract for Lighthouse to do a self -initiated performance review. Edmonds City Council Approved Minutes August 2, 2023 Page 19 Action on Amendment #2A AMENDMENT CARRIED UNANIMOUSLY. Action on Amendment #2 AMENDMENT CARRIED (6-1). Amendment #3 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REVISE SECTION 3B TO READ, ...(BUREAU OF LABOR STATISTICS TABLE FOR JUNE 2023 2024 AND ADJUSTED RATE CALCULATIONS FOR 2024 IS ARE ATTACHED HERETO AS EXHIBIT A WHICH WILL BE UPDA TED ANNUALL YINA UGUST FOR THE D URA TION OF THIS CONTRACT). Councilmember Teitzel commented it is important to attach the statistics that show the CPI data, but also how the statistics relate to how the rates are calculated which should be shown in Exhibit A for ease of the reader. Mr. Taraday commented the 2024 table is not available to be attached and won't be until July 2024. Councilmember Teitzel said the mid -year CPI data is typically not available from the Bureau of Labor Statistics until July. The intent is for that data to be added to the contract in Exhibit A in August, the month after the data is available, as well as calculations regarding how the rates were derived based on CPI changes. Mr. Taraday asked for clarification, in August 2024, a new Bureau of Labor Statistics table would be attached to the contract. Councilmember Teitzel answered yes, the table would show the CPI-U data for mid -year 2024 and that would continue for each year of the contract, requiring Exhibit A be updated annually because rates will change annually. Mayor Pro Tem Tibbott clarified the 2023 table has already been completed and will be attached to this contract and the amendment addresses the following year. Council President Pro Tem Olson said this discussion indicates the best approach might be to adopt the contract in concept and have it approved on a future consent agenda. Action on Amendment #3 AMENDMENT CARRIED UNANIMOUSLY. Councilmember Teitzel observed the remainder of the information shown on packet page 231 shows the base rates for 2023 and in 2024 and how the rates are calculated. He envisioned that data would be included in Exhibit A to show how rates are calculated based on CPI-U changes. He agreed with Council President Pro Tem Olson's suggestion to have the contract on a future consent agenda. He asked whether the data could be included in Exhibit A. Mr. Taraday did not object to moving the tables out of the contract and into Exhibit A. His concern was with blending one exhibit, printed from a government website, with another exhibit which is something that will be created. He suggested having the tables in an Exhibit B. Councilmember Teitzel agreed with having an Exhibit B to show what is in the table based on the CPI-U data in Exhibit A. Amendment #4 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ASK MR. TARADAY TO REMOVE ALL THE DATA SHOWN IN THE TABLE AT PAGE 231 OF THE PACKET REGARDING THE ACTUAL RATES CHARGED BY HOUR AND HOW THOSE RATES ARE DERIVED AND MOVE THAT INFORMATION TO AN EXHIBIT B. Councilmember Paine observed the table is the starting point for Lighthouse's salary structure starting in 2024. She preferred to keep the data regarding the starting point in the contract and annual changes based on the calculations would be attachments. She wanted to keep the starting point in the contract as a base Edmonds City Council Approved Minutes August 2, 2023 Page 20 reference point. She asked if that was why it was included in the contract. Mr. Taraday answered it was included because it did not occur to him to put things in exhibits and he wanted it to be very clear how rates would be calculated going forward. He did not have strong feelings whether the content was shown in the body of the contract or in an exhibit as long as the content was clear. Councilmember Paine reiterated her preference to keep it in the body of the contract. Councilmember Nand said although she appreciated the point Councilmember Teitzel was making, she also liked having the hourly rate in the contract itself. That information is an integral part of the contract and information in exhibits tends to be overlooked. She could see attaching the CPI-U information as an exhibit, but preferred the base rate to remain within the body of the contract. Councilmember Teitzel said he believed it was confusing to have the 2023 rates on page 231 and then the 2024 CPI-U and the 2024 rates. What is relevant is the rates the City will pay in the years the contract is applicable to. He preferred the contract include only the 2024 rates and how the rates are derived could be included in Exhibit B. Councilmember Nand asked if Councilmember Teitzel's concern could be addressed via an annual amendment to the contract reflecting the updated rates. Councilmember Teitzel said he envisioned Lighthouse providing a revised Exhibit A and B each year because the numbers will change annually and council could either accept or reject them. Councilmember Nand observed the rate that is negotiated is a material term. If that is reconfirmed annually, the contract is basically being renegotiated with Lighthouse every year which negates the point of a five year term. Mr. Taraday said Councilmember Teitzel's most recent comments differ from the amendment. He concurred with Councilmember Nand's point; the concept was to have a self -effectuating rate adjustment tied to CPI so it is not renegotiated on an annual basis. If the council wants to renegotiate the rates on an annual basis, that is a different motion and he would have to present that to his team. That is more like a one-year contract than a five-year contract term if there is no agreement on the rate beyond one year. Councilmember Teitzel explained the council has approved a CPI-U increase on a rolling three year average; however, the rates in 2024 are known due to the CPI-U rates in the table, but the rates in 2025 are unknown. Therefore Exhibit A and B would need to be updated annually. Council has already approved the concept of the CPI-U increase so this may simply be a consent filing rather than a formal debate and approval. He reiterated the 2025 rates are unknown and they will need to be adjusted in the exhibits when the data is available. Mr. Taraday responded neither the City nor Lighthouse know what the rate will be in 2025 but both are agreeing to a formula that would establish the rate in 2025. It was never his thought that they would have council action on an annual basis with respect to the rates, just that the parties agree to a formula which is essentially saying they agree to keep their purchasing power tied to inflation. Councilmember Teitzel said his concern is there needs to be a document showing what Lighthouse's rates are. The only way to do that is by updating contract exhibits A and B something he foresaw as an administrative task. The contract clearly states the metric that will be used to adjust the rates on an annual basis, Lighthouse would confer with finance to provide the next year's rates based on CIP-U for budgeting purposes. He had not envisioned any council action would be necessary, only that the rates would be administratively adjusted pursuant to an agreed upon formula. Councilmember Nand said she understood Councilmember Teitzel's point about having certainty regarding the hourly rate because the council has an obligation to the taxpayers to understand how funds are spent when consuming services from a vendor. She asked if Lighthouse would be comfortable with removing the Edmonds City Council Approved Minutes August 2, 2023 Page 21 CIP-based adjustment and applying a static formula that is more easily calculated over a five-year period. Mr. Taraday said if the council had asked that two years ago when there had been several years of 2% inflation, he would have said yes. Given the current economic turmoil, it would depend on the static formula but he would be reluctant. Unless the city council wanted their purchasing power to erode over time, which he did not think was what the city council wanted and he assumed the city council wanted to compensate Lighthouse fairly. As the price of goods increases, if the money they earn via fees does not increase proportionately, they are basically making less money. He did not think that was what the council was asking Lighthouse to agree to and if the intent was not to erode their purchasing power over time, agreeing to an increase based on CPI is the right and fair thing to do. Mr. Taraday continued, it is not like the council would be in the dark regarding their rates; they will continue to provide invoices to the council's legislative assistant as they do now and at any time that process changed, the council could simply ask for the current Lighthouse rates. The council approves Lighthouses invoices on the consent agenda and there are no secrets about what Lighthouse is being paid. If it becomes a problem at some point, for example if CPI goes crazy and the council feels they cannot afford Lighthouse, they can terminate the contract at any time for any reason. Councilmember Nand said she was one of the councilmembers who spoke in favor of a five-year term as it gives a measure of comfort to Lighthouse that the City will continue to purchase their services. The City is also seeking a level of comfort and predictability related to legal costs. She did not think substituting a static formula for the annual increase would be too much to ask in return for a five-year term. Mr. Taraday responded it would depend on the static term. The reason for proposing the three-year rolling average was to provide stability and predictability to avoid crazy year-to-year spikes in the CPI. He said Lighthouse would probably be open to a four-year rolling average if that provided greater predictability for the City. If the increase was 6% and inflation next year is 2%, the City will feel they are getting ripped off; if the increase is 6% and inflation is 10%, he will feel like he's getting ripped off and he was sure neither wanted to feel that way. Councilmember Paine envisioned the information could be provided in Lighthouse's annual report sometime in August which would be adequate for budget preparation. Mr. Taraday had no objection to that although historically their annual report has been earlier in the year. Their annual report could be moved to July or August so that information could be provided. Councilmember Paine liked the idea of a three-year rolling average. She did not support the amendment. Councilmember Teitzel said he feels strongly that information about what the City is paying for legal services needs to be included in the contract as well as showing how the rates are derived. The issue may be how that information is provided. The council has already approved the rolling three-year CPI adjustment so that is not being renegotiated at this point. The rates in 2025 and future years are unknown until the CPI-U data is available. It behooves the city council and citizens to have that data in the contract. He suggested accepting that as an administrative change on a received for filing basis; council does not take action, but the exhibits are updated to reflect the rates and how the numbers are derived. Councilmember Teitzel restated the amendment MOVE THE TABLE FROM THE BUREAU OF LABOR STATISTICS SHOWING THE CPI DATA FOR JUNE OF THE PRIOR YEAR INTO EXHIBIT A AND MOVE INTO EXHIBIT B ALL THE DATA SHOWN IN THE MIDDLE OF THE PAGE BEGINNING WITH "HENCE" AND ENDING WITH THE TABLE SHOWING THE INDIVIDUAL ATTORNEY RATES BASED ON THE CPI-U ADJUSTMENTS. Action on Amendment #4 Edmonds City Council Approved Minutes August 2, 2023 Page 22 MOTION FAILED (2-4-1), COUNCILMEMBER TEITZEL AND COUNCIL PRESIDENT PRO TEM OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE, AND NAND AND MAYOR PRO TEM TIBBOTT VOTING NO; COUNCILMEMBER BUCKSHNIS ABSTAINING. Amendment 05 COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO BRING THE CITY ATTORNEY CONTRACT TO THE CONSENT AGENDA RATHER THAN FINAL APPROVAL TONIGHT SO THE COUNCIL CAN SEE ALL THE REVISIONS MADE BY THE AMENDMENTS. MOTION CARRIED UNANIMOUSLY. Amendment 96 COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CAP THE UPWARD ADJUSTMENT OVER A FIVE YEAR PERIOD BASED ON THE THREE- YEAR ROLLING AVERAGE OF THE CPI-U AND TO NEGOTIATE THAT AS A TERM WITH LIGHTHOUSE BEFORE FINALIZING THE CONTRACT. Councilmember Nand understood Councilmember Teitzel's point that the adjustment based on CPI-U injects a level of unpredictability that could otherwise be unfavorable to the City or to Lighthouse. If the City agrees to a five-year term, she wanted to have a level of certainty regarding how much the City could be charged in five years, assuming the relationship is successful, and the contract is renegotiated. Councilmember Teitzel did not support the amendment because council previous approved the adjustment based on a rolling three-year CPI-U average and this is basically renegotiating that. Councilmember Buckshnis said instituting a cap is a really interesting concept. The reason the City did an RFP in 2010 was because Ogden Murphy was charging the City a ridiculous amount per hour. The council never held an executive session to discuss personnel issues and it is important to take care of taxpayers' money. Councilmember Chen referred to Mr. Taraday's point of being fair to both the City and the attorney who is providing the services. Placing an arbitrary cap would either be favorable to the City and the attorney feels they are getting the short end of the stick or the vice versa. He did not support the amendment. Action on Amendment #6 MOTION FAILED (2-5), COUNCILMEMBERS BUCKSHNIS AND NAND VOTING YES; COUNCILMEMBERS TEITZEL, CHEN, AND PAINE, MAYOR PRO TEM TIBBOTT AND COUNCIL PRESIDENT PRO TEM OLSON VOTING NO. 3. ORDINANCE ADOPTING NEW SHOPPING CART REGULATIONS Patricia Taraday, Lighthouse Law Group, explained she was asked by Mayor Nelson to prepare this ordinance for council input and deliberation. The draft ordinance contains several blanks and the whereas clauses have not yet been drafted. She provided an overview of the ordinance: the goal of the ordinance is to reduce the accumulation of shopping carts in the City in both public and private spaces. It does so by requiring large retailers to implement one of two safety measures on their shopping carts, 1) an automatic braking system where the shopping cart brakes if removed from the premises, or 2) installation of a pole so the shopping cart cannot be taken out of the store. The ordinance also includes a provision that allows for cost sharing. The cost of implementing these measures for large retailers will be borne by the retailer, but there will be benefits to the City and City residents who will have an enhanced quality of life not seeing shopping carts throughout the City as well as a reduction in City resources related to code enforcement if there are fewer shopping carts on private and public property. The ordinance includes a cost -sharing mechanism, but the percentage is left blank pending council input. Edmonds City Council Approved Minutes August 2, 2023 Page 23 Ms. Taraday advised the ordinance exempts small businesses from the regulations due to the large financial burden to implement the safety measures as well as because they likely have fewer carts that impact the community. The ordinance also addresses the collection, return and disposal of carts by allowing the City to either on its own or by contracting with a third parry, collect the abandoned shopping carts and return them to the retailer if the shopping cart has the required signage and if not, to dispose of them. The ordinance also contemplates the City would invoice the retailers for the service and the fee would be regulated by the city council per a separate fee resolution. The ordinance also contemplates an annual inspection to coincide with the business license annual renewal where large retailers would be required to contact the City for an inspection of the continued signage on carts and continued implementation of the safety measures. Council President Pro Tem Olson commented this subject is near and dear to her heart and to many councilmembers and residents. She was glad to have this regulation moving forward. Council has been asking for this for a long time and not getting a response; at a public meeting Councilmember Teitzel announced he and she were working on this and have spent a lot of time on it. She thanked a resident volunteer, Mary Dolan, Councilmember Teitzel, and Ms. Taraday for their hard work on this. She referred to 5.75.040 Signage, and the language, Each retail establishment, not exempt from this Chapter..., suggesting there did not need to be any exemptions from the signage requirement even if they are exempt from other requirement. When a cart is found somewhere, the signage will identify where to return it. She asked how the penalty amounts were determined in 5.75.050. Council President Pro Tem Olson referred to Section 5.75.020.F. Lost, Stolen or Abandoned Shopping Cart, which includes four instances someone could be in possession of a shopping cart. She suggested that section address a good Samaritan who found a cart and was in the process of returning it. She agreed with the annual inspection provision. She recommended immediately passing an ordinance requiring signage on shopping carts. She wanted to ensure business stakeholders were involved which she assumed had not been done. Ms. Taraday agreed that had not happened. Council President Pro Tem Olson suggested getting input from businesses regarding this proposed approach. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Paine agreed with outreach to the business community regarding the cost and the City's share. She noted the City also has a very stale littering ordinance that requires large retailers to only tidy the front of their building and needs to be updated. She was excited to see this ordinance and was interested in more data. She suggested the economic development commission may be an appropriate venue to gather input from the business community. Councilmember Nand thanked Ms. Taraday and Councilmember Teitzel and Council President Pro Tem Olson for their work on this. She emphasized businesses whose carts are stolen are the victim of a crime. She was not aware of any other paradigm where someone whose property is stolen is penalized for not taking back their property. She expressed concern about parts of ordinance that charge fees to businesses who provide carts to their customers and have the carts taken off their property without their permission. She will likely move to strike those provisions when this comes to the council in final form. Councilmember Nand referred to Section 5.75.020.F Lost, Stolen or Abandoned Property, and asked if this section would force law enforcement or public works into a conflict with removing carts from homeless people. Ms. Taraday answered that section does not envision that and the administrator of this ordinance would be proposed as public works, but there is no provision for regulating possession or theft of a shopping cart. There is a state statute that if the City was inclined to adopt those provisions, they would need to be included in this ordinance and then the City could implement regulations against a person who has stolen a shopping cart. Edmonds City Council Approved Minutes August 2, 2023 Page 24 Mayor Pro Tem Tibbott observed Councilmember Nand had made two points, other councilmembers have comments to make and time is limited. Councilmember Nand said she has multiple concerns. Mayor Pro Tem Tibbott suggested she email her comments to the attorney. Councilmember Nand offered to wrap up her points very quickly. Councilmember Buckshnis raised a point of order, commenting there was no council procedure or rule limiting councilmembers to only two comments/questions. She suggested if Councilmember Nand had a lot of questions, she be allowed to ask them. Councilmember Nand said she would try to be expeditious in light of questions other councilmembers have. She suggested holding a public hearing where businesses impacted by this ordinance could provide input regarding 5.75.050 Security Measures. During a time many jurisdictions are concerned about food deserts and affordability of food, the City could be imposing a cost on bargain retailers such as WinCo who cannot afford a lot of the bells and whistles that PCC or QFC can implement. She expressed concern 5.75.070 Annual Inspection was potentially overreach. She reiterated businesses are the victims, recalling it was shocking when someone left a shopping cart in elderly parents' yard. Councilmember Teitzel thanked Ms. Taraday for drafting the ordinance, commenting everyone wants to see the City be presentable, clean and healthy. However, as Council President Pro Tem Olson said, he agreed with working with key stakeholders to share the ordinance with them and invite their input. In his research of this issue, he found Issaquah has a very similar ordinance, putting the burden almost exclusively on stores. Bellevue has a person on staff who takes calls about abandoned shopping carts and a contracted third party picks up the carts. That is a taxpayer funded program and the stores are not charged. Everett has a program through the police department where they accept calls about abandoned shopping carts and a volunteer crew picks up the carts. He suggested staff explore those and other approaches and meet with the stakeholders to explain residents are demanding the issue of abandoned shopping carts be addressed, and reach a mutual understanding regarding a solution. Councilmember Teitzel agreed with Council President Pro Tem Olson about adopting an ordinance requiring identification signs on each shopping cart. There is an RCW that makes shopping cart theft a misdemeanor, but it is not enforceable without a sign on the cart stating ownership. That would be a preliminary step toward a longer term plan. He suggested the ordinance be vetted by a council committee via a more informal, free -flowing discussion. Councilmember Chen thanked Ms. Taraday for drafting the ordinance, anticipating it will make the City a more pleasant place to live and work for everyone involved. However, he did not want this to be a revenue generating tool for the City and any fines or revenue generated should go toward increasing cost share described in Section 5.75.060 or other ways to reimburse retailers who are subject to these requirements. He agreed with the proposal to seek input from stakeholders, especially regarding Section 5.75.040 Signage. Customers of some retailers such as Ranch 99 speak a different language and might need assistance with signage and other requirements. He agreed with the requirement for an annual inspection; he did not see it as overreach and viewed it as an incentive. He thanked Councilmember Teitzel and Council President Pro Tem Olson for their work on this topic. Councilmember Buckshnis asked if the ordinance mirrors Issaquah's ordinance. Ms. Taraday answered it is similar, but Issaquah's ordinance requires retailers provide a plan to the city. Councilmember Buckshnis asked if Mayor Nelson had conferred with public works regarding staffing or how this would be implemented. Ms. Taraday said she was not certain that had happened. Councilmember Buckshnis agreed with Councilmember Teitzel's suggestion to have this discussed by council committee as it will have costly staffing and budgetary implications. Edmonds City Council Approved Minutes August 2, 2023 Page 25 Council President Pro Tern Olson referred to the exemption related to square footage, recalling an approach that related to the number of shopping carts. Ms. Taraday answered the square footage approach was selected over the number of shopping carts because square footage would be easier for staff to make a determination regarding which businesses were exempt and the number of shopping carts per business could fluctuate versus the square footage of the establishment. In terms of ease of implementation and determining which businesses are exempt, she was looking at how staff would implement the regulations. Council President Pro Tern Olson thanked Ms. Taraday for that information, commenting the number of carts gets to the core of the issue better. Mayor Pro Tem Tibbott said he will work on next steps. He agreed with having it reviewed by council committee as well as engaging the EDC. 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS Councilmember Chen reported he enjoyed the great weather and said there are many City -sponsored events coming up including the community fair at Edmonds-Woodway High School on August 6. Councilmember Buckshnis reported she learned at Puget Sound Partnership Salmon Recovery Council about a new law, Healthy Environment for All Act (HEAL), RCW 70A.02 that passed in 2021 to reduce environmental and health disparities in Washington state. The act requires seven state agencies to incorporate environmental justice into agency decisions with a focus on identifying and prioritizing over- burdened communities and vulnerable populations in this work. She said this has been needed for a long time and likely needs to be included in GMA and comprehensive plan. Councilmember Paine reminded of the finance committee community forum on Saturday, August 5 at the Asian Community Center on Highway 99. Councilmember Teitzel commented the campaign season is an exciting time politically. The primary was yesterday and election results are coming in. He complimented the four mayoral candidates for good, professional, well done campaigns. Councilmember Nand reported she introduced the summer Concert in the Park, Duende Libre Quartet, on Sunday, a free concert presented by the Edmonds Arts Commission. St. John and the Revelations will be at Hazel Miller Plaza tomorrow. Concerts are held every Sunday at City Park and every Tuesday and Thursday at Hazel Miller Plaza. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:14 p.m. 6� SCOTT PASSE , CLERK Edmonds City Council Approved Minutes August 2, 2023 Page 26