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2023-10-10 Special MeetingEDMONDS CITY COUNCIL SPECIAL MEETING APPROVED MINUTES October 10, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Michelle Bennett, Police Chief Kim Dunscombe, Deputy Admin. Serv. Director Susan McLaughlin, Planning & Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council special meeting was called to order by Mayor Nelson at 6:01 p.m. in the Brackett Meeting Room, 121 5' Avenue N, City Hall — 3' Floor, Edmonds, and virtually. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO MOVE ITEM 5.1, AUGUST 2023 MONTHLY FINANCIAL REPORT, TO COUNCIL BUSINESS ITEM 6.3. Councilmember Olson asked if action was allowed at a special meeting. Council President Tibbott advised there would not be any action, only discussion. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Jim Ogonowski, Edmonds, agreed with moving the August 2023 Monthly Financial Report to the agenda for discussion. As the council discusses the report, they will see the financial situation emerging for the City, confirmed by the 2024 budget, which indicates the City is headed toward declaring a fiscal emergency due to being under the fund balance policy requirements. He encouraged the council to include that in their discussion and take it seriously. Projections show the need to use emergency funds Edmonds City Council Approved Minutes October 10, 2023 Page 1 and the council is required to authorize the expenditure of emergency funds for General Fund expenditures. Clara [last name inaudible], spoke in favor of funding a climate action manager in the budget who could focus their work on the climate and ensure people are not cutting down a lot of trees in Edmonds. She was advocating for the climate on behalf of her grandchildren and everyone's children and grandchildren. She became concerned after reading, "This Changes Everything" by Naomi Klein. One of the actions she took in 2016 was sleeping on the train tracks on Highway 20 to block trains to two Washington refineries. The City needs a full-time climate action manager who is not distracted by anything else but climate change and retaining trees which help reduce carbon. 5. RECEIVED FOR FILING 6. COUNCIL BUSINESS 1. REPEAL OF ORDINANCE 4079 HIGHWAY 99 PLANNED ACTION Councilmember Buckshnis commented she has been working on this very complex topic for over a month, spending approximately 150 hours on it. She expressed appreciation for all the citizens who corresponded with her and other councilmembers. In 2017, three ordinances were developed, Ordinance 4077 put the Highway 99 subplan into the comprehensive plan, Ordinance 4078 changed the zoning for nine business and residential zones to CG, and Ordinance 4079 created a Planned Action Ordinance. The council had never seen a Planned Action Ordinance before. The Planned Action Ordinance required an environmental impact statement (EIS) which covered the subarea. The EIS is very informative and includes projections for housing, zoning, employment, traffic, land use etc. and the City was also to provide an ordinance that captured everything that needed to be done so the planned action could move forward and developers did not have to meet SEPA requirements. She noted SEPA requires large developments to do an EIS. The Planned Action Ordinance streamlined that process. Councilmember Buckshnis continued, in July 2022 then Planning Manager Kernen Lien put the 5-year review on the agenda under Received for Filing and the council requested a full presentation. A full presentation was provided to council in October and council requested a supplemental environmental impact statement (SEIS) to update what had occurred since 2017. Many things have happened since 2017 including multimodal transportation, the pandemic, new stormwater code, multifamily design standards that had not been done, a housing commission provided new ideas for zoning, etc. The council voted 4-3 to have an SEIS completed. In 2023, the administration decided do a citywide EIS and move the SEIS for the subarea to 2025. Councilmember Buckshnis continued, this repeal will require developers to go through the SEPA process, like developers in other areas of the City do, instead of the streamlined process as part of the Planned Action Ordinance. Another reason is the environment today is completely different than it was in 2017. Attachment 5 to the agenda, Reasons to Repeal Ordinance #4079, includes a detailed list of issues including that the critical area aquifer code that has yet to be developed which will be instrumental for some large projects, and an emergency ordinance that was required for stepbacks because sufficient design standards were not provided. Councilmember Buckshnis requested councilmembers support the repeal of Ordinance 4079 to reassure residents of the Highway 99 area that developments will do the normal EIS procedure. When the citywide EIS is complete, a future council can decide whether to bring back the Planned Action Ordinance. Councilmember Olson thanked Councilmember Buckshnis for the extraordinary amount of time and research she has done on this subject, simplifying the original documentation to help the council Edmonds City Council Approved Minutes October 10, 2023 Page 2 understand this complex topic. There was a lot to absorb about what was done and why and what has changed and what the council may want to do going forward. She referred to Councilmember Buckshnis' comments that an SEIS for the subarea would be done after the citywide EIS. She recalled the citywide EIS would be sufficient as it would include extra emphasis on the Highway 99 subarea. That remains to be seen and the council can decide whether or not to do an SEIS at that point. The points made in the agenda memo were super relevant to her regarding changes such as the critical aquifer recharge area (CARA). She summarized this was the right move at this point in time. Councilmember Teitzel agreed there have been a lot of changes since 2017 when the council initially considered the Planned Action Ordinance including the housing density bills that the legislature passed this year such as HB I I10. Ordinance 4079 includes a goal to add 3,325 residential dwellings in the subarea. With the density bills, there will be more distribution of that density throughout the City, a critical issue that needs to be considered. That number is also likely not the correct number, but determining the correct number will take some analysis. He agreed there had been a sea of change since 2017 and it was time to repeal Ordinance 4079 and start over. The subarea plan has three legs, Ordinances 4077, 4078 and 4079 and he asked if repealing Ordinance 4079 would completely obviate the subarea plan. City Attorney Jeff Taraday responded Ordinances 4077 and 4078 remain in effect even if Ordinance 4079 is repealed; they stand independently. Councilmember Paine asked about the impacts of repealing Ordinance 4079. She referred to the impacts identified in documents provided by staff. She asked if there were projects in the hopper, noting there are 14 months until the comprehensive plan is completed. She asked how that will all merge together if Ordinance 4079 is repealed. Ms. McLaughlin responded that is a robust question. She acknowledged this is a complex issue with multiple documents, all within a fairly recent planning timeframe. Although some would not say 2017 is recent, it is a recent from a planning standpoint; developers rely on codes and policies to guide multi -million dollar projects. With regard to how it will change, she referred to staffs memo which was informed by the environmental consultant, Herrera, who is working on the comprehensive plan. One of the benefits of a planned action is certainty for developers with the environmental analysis already done. That also provides a cumulative analysis for the City to understand impacts that will happen with development if it occurs at the magnitude that was envisioned over time so the City can anticipate impacts. For example stepbacks were brought up, the environmental document thoroughly analyzed stepbacks in DEIS and the FEIS. At an individual project level it was not deemed to be a significant impact and that would not be mitigated regardless of whether the Planned Action Ordinance is repealed or retained. Even on a cumulative scale private developments were considered for impacts and not a lot of impacts were identified for mitigation as seen in the FEIS. Ms. Laughlin continued, if the Planned Action Ordinance is repealed, projects would do individual environmental analysis, but from Herrera's perspective and in her own experience, it would be very unlikely that an individual project would trigger an EIS. Individual projects would do a SEPA checklist and given the thresholds, it is unlikely there would be significant impacts. The benefit of a cumulative analysis was to have some certainty of the environmental impacts that were anticipated. There have been changes since 2017, but the only changes relevant to this discussion would be significant adverse impacts that were not anticipated. For example, by passing the CARA ordinance, the City is decreasing the environmental impacts associated with private development. That would not trigger an SEIS, it negates the need for an SEIS. Ms. McLaughlin continued, a lot of things have been done and some have not yet been completed like the multimodal level of service. If the Planned Action Ordinance is repealed today, there isn't a multimodal level of service in place so traffic impacts would be analyzed on an individual project level based on level of service and if anything is mitigated, it would be developers making capacity improvements. She wants to dig into the analysis and understand what is deficient in the subarea plan and the corresponding Edmonds City Council Approved Minutes October 10, 2023 Page 3 environmental document, listen to community members, understand the problems and have the environmental team as part of the comprehensive plan analyze it to determine what is the best vehicle moving forward, whether it is to mitigate for the comprehensive plan EIS or some level of supplementary EIS. Without getting into the analysis and explicitly understanding the problems, the risk is abandoning Ordinance 4079 prematurely and not having any level of cumulative analysis. Councilmember Paine asked if there was any development in the pipeline in the Highway 99 subarea. Ms. McLaughlin answered there is nothing formally in the pipeline; there is one in the pre -development stage. Councilmember Chen asked if this was a repeal and replace or just a repeal. If it is just a repeal, he asked what standards would be used for an individual project. Ms. McLaughlin answered even under the planned action, each project is required to do a SEPA checklist. If their impacts exceed what was anticipated in the planned action, mitigation would be required. If the Planned Action Ordinance is repealed, the environmental document that looks at cumulative impacts is no longer applicable which removes certainty for developers related to environmental impacts. Councilmember Chen appreciated the hours that Councilmember Buckshnis spent on the repeal in an attempt to get rid of something that is not as relevant today as it was in 2017. However, if applications are submitted for individual developments, they do not know what to expect and the individual building review is dependent on staff s professional judgment. He asked Councilmember Buckshnis to explain how individual development review would be handled if the Planned Action Ordinance is repealed. Councilmember Buckshnis disagreed with Ms. McLaughlin, commenting when completing a SEPA checklist, if something goes out of line, it triggers an EIS. For example, the Funtasia site, which consists of four warehouses, eight buildings and a critical area, will definitely require an EIS. A developer completes a SEPA checklist and if the SEPA Responsible Official feels it needs further investigation, it will happen. This is something developers in all cities have to do. The Planned Action Ordinance was unique and in today's world, environmentalist do not recommend Planned Action Ordinances because the environment is changing so much as well as changes due to HB 1110 that will result in more housing in the subarea. The comprehensive plan EIS covers the entire City and does not concentrate on a particular subarea. With the repeal of the Planned Action Ordinance, developers would revert to doing what all developers do today, a SEPA checklist which can trigger mitigation or an EIS. Councilmember Buckshnis continued, staff mentioned certainty for developers; she asked about certainty for citizens. The City needs to get the code updated with design standards, the CARA needs to be updated, and a multimodal level of service for traffic impact fees needs to be developed. As those things are updated and once the citywide EIS is completed, the council can again consider replacing the Planned Action Ordinance. The EIS has one preferred method, residential only, and does not have residential and mixed use. A variety of things have changed since 2017 that affect the Planned Action Ordinance. She summarized the council needs to respect what citizens have asked for and the best way to do that is to repeal the Planned Action Ordinance and return to the process required for other development in the City. Councilmember Chen asked in terms of timing, whether it would hurt or help to wait until the citywide EIS is done before repealing the Planned Action Ordinance so there is something in place. Ms. McLaughlin answered staffs recommendation and what council has taken action on is to roll the concerns of the SEIS into the comprehensive plan analysis and EIS for time efficiency, to understand the relevance, to determine if anything is missing and then determine whether the Planned Action Ordinance needs to be repealed. She did not have a strong problem statement, there wasn't anything to take the place of the Planned Action Ordinance, and there have not been significant changes. Edmonds City Council Approved Minutes October 10, 2023 Page 4 Councilmember Nand referred to packet page 44, the first page of Ordinance 4079 and two Whereas clauses that are instrumental in looking at the push back and dismay from the community affected by the Planned Action Ordinance: "WHEREAS, designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement (EIS), and thereby encourages desired growth and economic development; and" and "WHEREAS, the Highway 99 Planned Action EIS identifies impacts and mitigation measures associated with planned development in the subarea; and." She found it concerning that development has proceeded without the Highway 99 Planned Action EIS which was supposed to identify mitigating factors that the community needs to absorb this increased density and development. There is always concern about the aesthetic impact of new development in the Edmonds bowl; but the lack of a Planned Action EIS means development in the Highway 99 area has been allowed without identifying impacts or mitigation measures to allow neighborhoods to absorb changes in a way that does not impact their property values or expectations when they first bought their property and moved their families and lives there. This is why the community has asked the council for emergency ordinances and mitigation measures. She hoped when Herrera completes the citywide EIS, appropriate mitigation measures can be incorporated into the Highway 99 community commensurate to what other areas of town experience when they are asked to accept new development. Ms. McLaughlin responded the built form and aesthetics are part of the subarea plan; the subarea plan sets the density allowances and the built form of structural elements, stepbacks, setbacks, etc. The EIS associated with the subarea plan already analyzed all those at the worst case scenario, the highest density in the City. If the goal is to change the subarea plan, there will be less mitigation. People want outcomes via environmental documents, but it is often not the vehicle to make aesthetic changes which are more appropriately done through a design review process. For example, stepbacks were thoroughly analyzed in the DEIS and were deemed unnecessary. It is a policy choice by the council and those objective standards can be included in a development code that is administered via the design review process. The EIS is not used for that because of restrictions regarding what can be deemed a significant impact. The development allowances in the permit process are contained in the subarea plan and that is exactly what will be considered in the comprehensive plan update. Councilmember Nand said the reason she highlighted those whereas clauses is because the Highway 99 community was told they would take the highest density, highest building heights and most impactful development in the City, but the security they were provided via Ordinance 4079 included a Planned Action EIS to ensure impacts and mitigation were accounted for, however, the Planned Action EIS never happened. Ms. McLaughlin responded the Planned Action EIS was completed and adopted and is in effect and the mitigation measures are being acted upon which was addressed in the 5-year review last year. Councilmember Nand asked why the council had to fight so hard with the VIA contract to get an EIS for Highway 99 and was told the citywide EIS would be sufficient. Ms. McLauglin recalled given the council's interest in an SEIS and given that some of the issues in the Highway 99 subarea were associated with land use and densities, staff recommended the SEIS be rolled into the comprehensive plan EIS so there would be a more robust, time efficient and cost effective analysis. Council President Tibbott recalled there was discussion about deficiencies in Ordinance 4079 related to development and development standards. He asked Mr. Taraday to speak to any deficiencies he was aware of that would lend credibility to repealing Ordinance 4079. Mr. Taraday responded he also wanted to offer a slightly different perspective on some of the discussion that has occurred. He recommended when hypothesizing about individual projects that the council be very careful not to make blanket statements about whether a project will or will not definitely generate an EIS. He was skeptical of both statements because the reality is until there is an application and SEPA checklist that is reviewed by the Edmonds City Council Approved Minutes October 10, 2023 Page 5 SEPA responsible official, there is no way to evaluate whether there is a significant adverse environmental impact which is the purpose of the SEPA checklist. Analysis that done at a macros level as part of Ordinance 4079 was a slightly different than what would be done at a project specific level. Both look for environmental impacts, but the ability to focus on the particularly environmental impacts of a specific project at a specific location in the context of that specific property could potentially yield a different analysis by the SEPA responsible official. He was skeptical that a SEPA checklist for a project would lead to a requirement for a full EIS, but there is a middle ground that has not been discussed, the possibility of a mitigated determination of non -significance (MDNS). In an MDNS, the SEPA official states a determination of significance on a project can be avoided if the project is mitigated and the project can be conditioned to provide mitigation. With Ordinance 4079 in place, in most instances there will not be an opportunity to do an MDNS because no SEPA threshold determination is made with Ordinance 4079 in place. Repealing Ordinance 4079 at least provides an opportunity to do an analysis and determine whether mitigation might be appropriate. There is no guarantee that additional mitigation will be required because it depends on the specific project, the magnitude of the project, the impacts the project has on the surrounding area, etc. As far as deficiencies, Mr. Taraday recognized hindsight is 20/20 and everyone can look back on the mitigation measures that were conceived of when Ordinance 4079 was drafted. As example, the mitigation document on packet page 58 summarizes mitigation that was contemplated by Ordinance 4079. In several instances in the packet, there is the phrase, "no additional mitigation measures are recommended." That is the ordinance's way of saying it will not mitigate. For example in the context of land use mitigation measures, the ordinance basically states the City will rely on its plans and development regulations and no additional mitigation measures are recommended for land use impacts. He emphasized he was not saying there definitely would be additional mitigation if Ordinance 4079 was repealed, it just means there would not be that sentence and the SEPA official would be asked to evaluate whether a particular project on a particular site in a particular context had significant environmental impacts. He could not definitively say there was a deficiency in the document because it depends on the impacts. If the analysis was not done, no deficiencies would be found because under Ordinance 4079, a project would be exempt from additional mitigation. Mr. Taraday explained there is version of this EIS, which may be what the next version looks like, that would provide a streamlined process under the Planned Action Ordinance, but in order to use the streamlined process, the impacts need to be mitigated by making a SEPA mitigation payment into a particular fund that systematically over time generates revenue to offset impacts from smaller projects. What Ms. McLaughlin says is absolute true, the smaller the project, the harder it is to mitigate them on a case -by -case basis because smaller projects may not have significant environmental impacts. He could not anticipate what the project sizes will be over the next year; whether there will be a 50 unit building or a 500 unit building, which are very different things. What he found missing in Ordinance 4079 was an opportunity for the City to collect a SEPA mitigation from a 50 unit building. Council President Tibbott relayed his understanding of Mr. Taraday's explanation that one of the advantage of a SEPA review would be the analysis would occur in the area of that property and if mitigation was required, there would be an opportunity to do it near the site. Mr. Taraday explained most of the time when a project level SEPA analysis was performed, the impacts that would be identified and potentially mitigated would be near the site. Council President Tibbott referred to staff s reference to a problem statement and scoping that would go into the work being done with the consultant. He asked when that was expected and how would that help to develop a problem statement. Ms. McLaughlin answered that work is underway. The consultants have reviewed all the documentation on this topic including input from community members; a stakeholder meeting has been initiated with Highway 99 residents, particularly those most involved in developing the Edmonds City Council Approved Minutes October 10, 2023 Page 6 SEIS to ensure their concerns can be itemized and studied in the citywide comprehensive plan EIS. She agreed it was absolutely true more could be gleaned out of a planned action than was in the existing Planned Action Ordinance. The risk she anticipated was not understanding the problem to be solved and not having any tools in place to backfill. With the threshold determinations, she did not think it would not yield much. As Mr. Taraday mentioned, the City could establish a SEPA mitigation fund and could update the planned action with more relevant mitigation based on a cumulative analysis. Councilmember Olson clarified the SEPA checklist would apply regardless of whether Ordinance 4079 was repealed. The project size would need to be significant for it to prompt a requirement for an EIS. She has established by talking with people in the construction industry that builders and contractors are familiar with the SEPA process and streamlining it is a bonus. Repealing Ordinance 4079 provides a little extra environmental protection until the results of the citywide EIS for that subarea are known. She summarized repealing Ordinance 4079 was the right step to take at this time and the planned action ordinance could be revisited during and after the comprehensive plan process. Ms. McLaughlin said there has not been any input from the development community. It would be worthwhile to have some level of conversation with the development community to assist in understanding the implications. Councilmember Olson asked whether the letter to editor in the media would have generated input from them if it was an issue. Ms. McLaughlin explained if this was a staff project, staff would have engaged in stakeholder conversation to understand impacts on both sides. Due to challenges with development related to financing and construction costs, people in the industry are looking to reduce their margins. Development has cooled substantially; the intent of the Planned Action Ordinance was to help foster redevelopment on Highway 99. She recognized the council and the community's concerns, but also wanted to understand the implication on the development community, noting it was a balance. Councilmember Buckshnis said staff has not completed the mitigation in the FEIS as shown in Attachment 5. She has also talked to developers and done a full spectrum of research. The council needs to think about the citizens and the environment and realize that the comprehensive plan should be the guiding light with the citywide EIS. Developers already know about a SEPA checklists and MDNS. There are other things coming on board such as the need to include policies about displacing people. Edmonds is behind the curve on its code and the code should be updated so the planned action EIS in the future addresses things that are missing such as the stormwater code, displacement, environmental mitigation, updating the zoning map, a multimodal transportation LOS, providing an alternate 2 for the EIS, open space, utilities, etc. She summarized it was appropriate to repeal Ordinance 4079 now, get the comprehensive plan done and assure the Highway 99 community that development will not continue with the Planned Action Ordinance as the City has not done what was promised such as updating the code, multifamily design standards, traffic mitigation, etc. A future council can address the Planned Action Ordinance after the citywide EIS and comprehensive plan update has been completed. Councilmember Paine asked how a MDNS would apply to design standards in Ordinance 4078 and how that would be harmonized. Mr. Taraday answered the development code remains the development code; the development code is not rewritten through SEPA. It is very difficult to hypothesize about an individual project and its impacts without an application. Whatever is in the code remains the same with or without Ordinance 4079. If the code allows for discretion in certain areas and if an impact is identified by locating a particularly building in a particular place, such as a building that will cast a huge shadow on someone's backyard, if the code allows a case -by -case basis application on setback or building heights, possibly through the SEPA process, there could be an MDNS that conditioned the project in a particular way. He was not certain the code allowed that. Edmonds City Council Approved Minutes October 10, 2023 Page 7 Councilmember Paine commented what if there is an impact on design, but design in addressed in a different section of the code and not addressed by an EIS. Mr. Taraday explained a developer is entitled to develop pursuant to the code in place at the time the building permit application comes in. That does not change with or without Ordinance 4079. The question is whether there are ways someone can build pursuant to that code in a way that is less impactful or whether development with a significant adverse impact could be mitigated. He wanted to be clear that by repealing Ordinance 4079 there would not be a big increase in mitigation yield to the City; that is probably not realistic. It does provide the opportunity to go through that process on a case -by -case basis and determine on a case -by -case basis whether there is an impact that can be mitigated. Ms. McLaughlin explained because the ordinances were prepared as a package, the subarea plan and corresponding development standards, many of the potential impacts in the DEIS were mitigated by the development standards such as setbacks and design standards to avoid significant impacts. Although the FEIS says there are no impacts, that is because code was written to mitigate them. Many of the assurances, mitigations and protections are contained in the code so significant impacts from private development may be less likely. Councilmember Chen observed one of the reason's Councilmember Buckshnis wanted to repeal Ordinance 4079 was the following monitoring and review process in Section 5A and B (packet page 50) was not followed: A. The City shall monitor the progress of development in the designated Planned Action Subarea to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Highway 99 Planned Action Area. B. This Planned Action Ordinance shall be reviewed no later than five years from its effective date... Councilmember Chen asked if the monitoring and review had occurred. Ms. McLaughlin answered yes, explaining that was what sparked the debate. In August 2022, Kernen Lien, the SEPA responsible official at that time, did a robust analysis and said development was well within the thresholds anticipated by the FEIS and consistent with the planned action. Councilmember Chen asked why there was interest in repealing a good ordinance that a lot of time, energy and resources had been invested to develop, the monitoring and review process had been followed, and there was nothing to replace it if it was repealed. Councilmember Olson recalled during that review the council was not comfortable with the changes that had occurred which was the reason for the 4-3 vote to do an SEIS. Ms. McLaughlin advised that was later. Councilmember Olson recalled it happened close to that, staff made the presentation and the council came back and approved doing the SEIS. Ms. McLaughlin recalled the review sparked the emergency ordinances related to a singular development of concern. Councilmember Olson said through the process of the council's review, there were things the council wanted to draw more attention to and be more proactive with the mitigation. Councilmember Chen pointed out that was on a single project. Councilmember Olson disagreed, it was what that project symbolized with regard to general concerns. Ms. McLaughlin explained as a result of the August 2022 review, an emergency ordinance was adopted with regard to stepbacks which took about six months of staff time. The SEIS did not come into play until later, and from a sequencing standpoint, it was detached from 5-year review. She acknowledged they were topically related. In response to Councilmember Chen's question, Councilmember Olson felt it was all related, the desire for more protections was the reason the council requested an SEIS for that area. That was not done and now the plans is to rely on the citywide comprehensive plan EIS and wait for the results to determine if Edmonds City Council Approved Minutes October 10, 2023 Page 8 the council is comfortable and no longer needs a separate SEIS and possibly reinstate the Planned Action Ordinance. Ms. McLaughlin said Herrera emphases that the SEPA responsible official makes the determination whether the thresholds of the planned action are being met based on their review and subsequently makes a determination whether an SEIS is necessary; it is not a council action. The council did take action and the process of analyzing the deficiencies is underway. Councilmember Nand said if Ordinance 4079 is repealed, she hoped the comprehensive plan update process, the citywide EIS and the update to the code would yield a more nuanced view of how to incorporate increased density. She recalled Councilmember Chen stating instead of allocating all the density and the affordable housing on Highway 99, through the citywide EIS it could be distributed throughout the City so there are more integrated neighborhoods from a socioeconomic perspective. In response to Councilmember Chen's question, Councilmember Buckshnis explained if Ordinance 4079 is repealed, the City will go back to what the development services department did prior to 2017 and there will be no change to the way developers develop. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REPEAL ORDINANCE 4079. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, BUCKSHNIS, OLSON AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS CHEN AND PAINE VOTING NO. 2. YEAR IN REVIEW / DECISION PACKAGE PRESENTATION Planning & Development Planning & Development Director McLaughlin reviewed: • Who We Are o Planning & Development is a multidisciplinary team of professionals specialized in building, planning and code enforcement. ■ Building (8) ■ Planning (10) ■ Code Enforcement (1) ■ Administration (3) • Permitting Team o Building ■ Leif Bjorback, Building Official Edmonds City Council Approved Minutes October 10, 2023 Page 9 ■ Kristin Johns, Permitting Supervisor ■ Denise Nelson, Senior Permit Coordinator ■ Christina Barson, Senior Permit Coordinator ■ Les Krestel, Building Inspector ■ Eric Carter, Senior Combination Building Inspector ■ Vacant, Plans Examiner ■ Donovan Akau, Plans Examiner o Planning ■ Michelle Martin, Administrative Assistant ■ Planning Manager, (Vacant) ■ Michael Clugston, Senior Planner (Code) ■ Jeff Levy, Senior Planner (LTE) ■ Deb Powers, Urban Forest Planner ■ Navyusha Pentakota, Urban Design Planner ■ Amber Brokenshire, Associate Planner ■ Tristan Sewell, Planner ■ Rose Haas, Planner o Additional Permit Review ■ Fire Safety - Eric Dyer, Deputy Fire Marshal ■ Engineering - Rob English, City Engineer - Emiko Rodarte, Administrative Assistant - Jennifer Machuga, Engineering Permit Coordinator - Bertrand Hauss, Transportation Engineer - Jerry Shuster, Stormwater Engineering Program Manager - Jeanie McConnell, Engineering Program Manager - Jennifer Lambert, Engineering Technician - JoAnne Zulauf, Engineering Technician - Natalie Griggs, Engineering Technician What We Do o Planning & Development's mission is to preserve and enhance our community's environment and quality of life o We take pride in ■ Providing accurate, consistent, and timely permit processing ■ Improving and extending public infrastructure ■ Promoting building safety and managed land use ■ Implementing adopted City codes, policies, plans, and standards ■ Protecting the public's health and safety ■ Providing excellent customer service 2024 department goals o Efficient and accessible customer service o Operationalizing equity o Building resilience 2023 Development Review Snapshot o Park Impact Fees collected in 2022 (through October 31): $337,721.35 o Park impact Fees collected in 2023 (through September 30: $54,287 o Projected total of issued building permit for 2022: 1788 o Projec3ed total of issued building permits in 2023: 1674 o Building permit fees + Plan Review Fees = $985k projected revenue in 2023 o Staff time spent on permitting Edmonds City Council Approved Minutes October 10, 2023 Page 10 ■ Permitting Other 17% 37% 78% BUILDING PLANNING ADMIN • 2023 Key Planning Projects o Street Tree Plan ■ Status: consultant contract complete ■ Adoption in Q 12024 o Climate Action Plan ■ Status: Adopted o Highway 99 Community Renewal ■ Status: Consultant contract complete ■ Adoption anticipated in 2024 o Comprehensive plan ■ Status: work underway ■ Adoption in 2024 o Climate Champions Series ■ Status: In progress ■ Kickoff event held in Q2 2023 o Rooftop Solar Program ■ Status: In progress ■ Award grant in Q4 2023 o Tree Code amendments ■ Status: In progress o Reimaging Neighborhoods/Streets ■ Status: In progress ■ Adoption of legislation Q 12024 o Code modernization ■ Status: in progress o Green Building Incentives ■ Status: In progress ■ Adoption anticipated Q 12024 o Building Code Updates ■ Status: In progress ■ Adoption anticipated Q4 2023 Councilmember Paine recalled Ms. McLaughlin mentioning a few weeks ago that as part of the comprehensive plan the consultant would synchronize what was mandated by the state and identify deficiencies and where the code needed to be updated. She asked if that was still accurate. Ms. McLaughlin answered the comprehensive plan is iterative with the development code, looking at those deficiencies and adding new policy that would direct the code update. Councilmember Paine clarified she was specifically asking about HB 1110. Ms. McLaughlin said that is being studied as part of the comprehensive plan. The City is waiting for guidance from the state; the consultant is moving forward with the guidance provided to date and will continue to adapt their approach as information is provided by the Department of Commerce. Edmonds City Council Approved Minutes October 10, 2023 Page 11 Ms. McLaughlin continued her presentation: o Fagade Improvement program ■ Status: In progress ■ Grant awards anticipated Q4 2023 • 2024 Decision Packages o Climate Action Plan Manager - $149,623 ■ Description: To provide senior level expertise in climate change and corresponding action pursuant to the CAP; to coordinate climate action efforts across multiple city departments and to work collaboratively with community groups, schools, businesses and other stakeholders. o Boards & Commission Support - $10,000 ■ Description: To create one line item for Boards & Commissions to improve equitable distribution and to move the HPC fund to the General Fund; all budget commitments such as the HPC calendar will still be delivered while enabling flexibility for any saved funding to be distributed amongst the boards and commissions, as needed and as funding allows Councilmember Nand asked at what point will the City designate which area gets the alternative requirements for the 25% protection from HB 1110 for matters such as displacement, lack of infrastructure capacity, critical areas, etc., and if that would be part of the comprehensive plan. Ms. McLaughlin answered the density distribution and how the City meets its housing targets will be considered, taking HB 1110into account, as part of the comprehensive plan analysis and will include looking at growth alternatives throughout the City and balancing density distribution. Councilmember Nand asked if the criteria the City considered would be primarily environmentally or racially disparate and displacement impacts. Ms. McLaughlin answered displacement is a critical element that is required by the state in this comprehensive plan update and will definitely be analyzed. Councilmember Nand asked if the 25% would be contiguous or in separate neighborhoods. Ms. McLaughlin answered that had not been determined yet. Councilmember Nand asked at what point in the process should council check in with regard to that. Ms. McLaughlin answered the neighborhood level conversations around growth alternatives are just beginning. First will be existing conditions in November and December followed by conversations at the neighborhood level regarding growth alternatives which includes discussion about appropriate levels of density. Councilmember Nand anticipated the consultant would need to do a certain level of data gathering to justify their choices. She wanted to ensure data was provided in real time with regard to community impacts. She recognized Planning & Development had a process to reach out to stakeholders; councilmembers also heard from the community and she wanted to ensure those voices were included in the process. Councilmember Teitzel recalled staff mentioning the fagade improvement program was very complex to administer. Council set aside $300,000 in ARPA funds for that program in 2023, but no grant requests had been submitted and there were plans to discontinue the program.. Ms. McLaughlin responded no grant requests were received because the program hadn't been developed. Given council's decision to retain funding and to pursue that program, a term limited position was hired to work on a myriad things including developing criteria for that program and publicizing it. Councilmember Teitzel summarized his understanding no grant requests had been received, but they were expected in the fourth quarter of 2023. Ms. McLaughlin agreed. Council President Tibbott asked what a climate action plan manager's day-to-day responsibilities would be and what the impact of moving the hiring of that position to another budget year would be. Ms. McLaughlin said she could not emphasis enough how many community members have expressed frustration at the lack of progress and wanting a presence in the community related to personal actions Edmonds City Council Approved Minutes October 10, 2023 Page 12 they can take and what resources are available. She anticipated the climate action plan manager would be an expert in community engagement as well in climate change generally, a well-spoken professional who has been in the field. Planning & Development is responsible for carrying out the actions of the CAP and has largely been tackling the ones that the department has direct influence over such as things they can legislate. For example, Planning & Development has worked with the facilities team in making changes such as the solar array. Ninety-eight percent of emissions are the result of personal behavior; Planning & Development absolutely does not have the capacity to work with the energized, engaged and dedicated community members to encourage that 98% to make changes. That is the opportunity she sees with a climate action plan manager. Many other cities have a staff person dedicated to climate change and corresponding behavior. Council President Tibbott asked if the position would be 50% education and 50% administration. Ms. McLaughlin answered that would be a fair statement; she envisioned education would include interactive tools like a dashboard, access to recourses, information on making personal changes, etc. Councilmember Olson requested the presentation be sent to the council. On behalf of residents and contractors, she thanked Planning & Development for their longer hours for permits. She asked whether ADU regulations could be developed sooner rather than later, anticipating there was pent-up demand. She asked the impact ADUs would have on park impact fees. Ms. McLaughlin answered she did not believe detached ADU would not pay park impact fees because they were not large enough. Councilmember Olson expressed interest in having a conversation with staff about moving that forward and possibly having residents assist with developing code so that it could be implemented to address the pent-up demand. Ms. McLaughlin answered staff is working on that. The new term limited person who has a background in architecture and a planner has a background in urban design are working with the code modernization team to develop draft policy. Councilmember Olson asked for the names of those staff members. Ms. McLaughlin answered the Jeff Levy is the term limited senior planner, Navyusha Pentakota is the urban design planner and Rose Haas is the planner working on the code modernization. Councilmember Olson asked for a point of contact for the VIA contract for councilmembers and the public to submit information. For example, she wanted to submit a questionnaire done by Marysville regarding how residents would like to see density integrated. Ms. McLaughlin said that could be submitted through her; she wanted to be cognizant about the time the consultant is expending to ensure they stay on budget and on task. Councilmember Olson asked when the next code update packet would be provided to council. Ms. McLaughlin answered November. With regard to the climate action plan manager, Councilmember Olson said she took a class on C-PACER, a very cool financing tool for large sustainability upgrades. No one is getting the word on that program; she could see the value of someone who is aware of programs, teaching people about programs, etc., but looking at the budget she was hesitant to add an FTE. If this FTE was prioritized, she asked what could be cut to fund it. Nick Maxwell also informed her about a $500,000 Commerce grant available to the City Edmonds. She asked if there would be an option to apply for that grant and use it to fund the climate action plan manager. Ms. McLaughlin said that would require a term limited position. Councilmember Olson commented it may not need to be term limited as the funds would get through the short term when she did not envision adding staff. Mayor Nelson advised this level of detail was not appropriate for a decision package presentation. Councilmember Olson asked about the decision package related to board and commission support. Ms. McLaughlin answered there have been inconsistent budgets and inequitable access to resources for boards and commissions. Some have a dedicated fund, some request budget annually, and some have no budget at all. While still being mindful of the HPC's calendar which likely can be prepared inhouse, resources Edmonds City Council Approved Minutes October 10, 2023 Page 13 will be made available to all boards and commissions. Councilmember Olson recalled when she was on the tree board, they took their own minutes, but a lot of boards and commission have their minutes done professionally which is an additional expense. She asked if that was an area where funding could be reduced. Ms. McLaughlin answered it is helpful to have a minute taker, it is not that expensive and it comes from Planning & Development's professional services budget, not the boards and commission budget. Having consistent minutes and someone dedicated to that task who is not distracted by the conversation or who may have a bias is important to ensure the record is clear and objective. With regard to the climate action plan manager, Councilmember Paine explained a lot of the work the climate protection committee would like to see is access to resources, basically a concierge to inform the community and businesses about opportunities for rebates. She often provides that information to people who contact her and she hoped that was something that position could provide. She asked how many grants staff could bring in with a climate action plan manager and grants manager. Councilmember Chen observed the FTE list had included an environmental programs manager for four years and now there is a decision package to hire a climate action plan manager. He asked if those positions had a similar function, commenting the environmental program manager may have accumulated knowledge. Ms. McLaughlin answered although they sound similar, the environmental program manager addressed critical areas and critical area -related legislation like the shoreline management plan (SMP), the urban forest management plan (UFMP), SEPA determinations, etc. That knowledge is now integrated in all planners. For example, Mike Clugston has taken on that role related to code modernization. When a code like the SMP needs to be updated, Mike Clugston is very adept at that code amendment work. The environmental programs manager deals more with code and or GMA requirements. The climate action plan manager is focused on the implications of climate change, holding the City accountable to the CAP and working with community members, organizations and businesses about making changes. Councilmember Chen said if there was interest in funding the climate action plan manager but there needed to be a tradeoff such as cutting 10% of the Planning & Development department's budget, where did she see opportunity for a 10% cut. Ms. McLaughlin answered Planning & Development is a lean department that does a lot with a little and could not manage a 10% cut. She anticipated a position like a climate action plan manager could seek grants that would pay for their position. Councilmember Nand agreed a climate action plan manager would be wonderful. However, Edmonds is a relatively small city and there are a number of similarly situated small cities in the region that might also be interested in community outreach especially related to education. She became a vegan and purchased an EV in 2013 because she was passionate about it, but it is mystifying for a lot of people. The more people that can be reached regionally, the more impact there can be on limiting GHGs. She asked if it would be possible to share a climate action plan manager with other cities, recalling the City shared a social worker with Lynnwood. She anticipated a shared climate action plan manager could broaden the impact and share the budgetary impacts. Ms. McLaughlin answered the CAP is ambitious and there is a lot of work to do in Edmonds without looking beyond its borders. Behavior changes relate regionally, but the CAP requires actions from each department which requires a lot of coordination, accountability, tracking and monitoring. Many local jurisdictions such as Shoreline have a climate action plan manager. Edmonds having its own climate action plan manager would allow the City to better collaborate regionally. She did not envision sharing a person at 25% would work. Councilmember Nand said the desired behavioral changes in the private sector, citizens and government are very similar between cities. Instead of having 4-5 people doing the same work, one person could disseminate the information. The same is true for a grants manager. She asked if it would be possible to Edmonds City Council Approved Minutes October 10, 2023 Page 14 redesign the climate action plan manager to be a more junior role in the N-28 or N-29 range. A salary of $150,000 will result in people advanced in their career competing for the position. As a young graduate in this region, it is difficult to find an entry level position. Creating those opportunities would be beneficial for the community or people who may not have considered government as a viable career option and could ease the budgetary pressure in 2024. Ms. McLaughlin answered the level of behavioral change in departments necessary to meet the climate neutral goal by 2050 requires a level of seniority to tell people what to do; a junior position would not have the same level of expertise or seniority. When departments are held accountable, it is important that the position be a senior level with some experience. Councilmember Nand responded giving the opportunity, a younger person could develop those leadership skills. Ms. McLauglin advised more associate level planners are being hired to provide upward level mobility. Councilmember Buckshnis said some of those things can be done locally or through the mayor's climate protection committee by brushing off Taming Bigfoot. It would not have to be competitive but it is a good way to train people on measuring their carbon footprint and ways to reduce it. She was not in favor of hiring an FTE and pointed out a complete CAP must have adaptation measures and implementation measures and Edmonds' CAP is GHG centric. She would like to have the mayor's climate protection committee and the planning board work on the CAP. The City can apply for the $500,000 Department of Commerce grant in June -July next year. She was interested in doing something with local groups that already exist such as the Interfaith Climate Action Group, the Mayor's Climate Protection Committee, etc. People had a good time with Taming Bigfoot; something like that could be done in the interim until the City can apply for the grant next year. Times are tight and the council needs to be conscious of the budget. She advised there were some number inconsistencies in the 2024 budget that she will bring up with Administrative Services Director Dave Turley. Police Department Police Chief Michelle Bennett reviewed: • 2022-2023 Accomplishments o Recruiting and Hiring ■ Implemented three mid -level managers/commanders ■ Administrative staff assistant for commanders and assistant chiefs ■ Hired 16 staff. 10 officers, 6 civilians ■ Reinstated problem solving emphasis team personnel ■ Added a new patrol district ■ Hired back a domestic violence coordinator ■ Fully instituted body camera and added two public disclosure body camera employees ■ Hired back parking enforcement officer ■ Hired a crime analyst o Edmonds Police Department Personnel demographics ■ Sworn Officers - Male: 38 - Female: 14 - Department diversity: 14 ■ All positions - Male:39 - Female: 25 o Selected new K9 and officers o Purchased 18 patrol vehicles in process of outfitting o Strategic Plan: completion 12/23 o Department recruiting video, launched in September 2023 Edmonds City Council Approved Minutes October 10, 2023 Page 15 o Gov QA online pay portal for public disclosure records scheduled for launch in November 2023 o AEDs launched in patrol cars o Blue Team/IA Pro launch o Successful ACCESS Audit o Bike Patrol ■ This unit played a critical role in assisting with various public events, including the 4t' of July Parade and the patrolling of civic events and parks, showcasing their adaptability and commitment to community safety Community engagement program o Community service vehicle donated by Lynnwood Honda o Community Academy ■ An interactive program designed to bridge the gap between the police and the public ■ Classes include patrol procedures, investigations, and community policing ■ Participants had the opportunity to engage in hands-on activities, interact with officers, and gain a deeper understanding of the challenges and responsibilities faced by law enforcement ■ Feedback from attendees was overwhelmingly positive, with many expressing newfound appreciation and trust in the Edmonds Police Department o Community Events ■ National Night Out - Event was a great success with an increase in participants compared to previous years, reinforcing the sense of unity and collaboration within the community ■ Sherwood Elementary Crossing Guard Swearing In - In collaboration with Sherwood Elementary School, a special event was organized to celebrate and acknowledge the invaluable contributions of crossing guards who play a pivotal role in ensuring the safety of students. The swearing -in ceremony provided the Edmonds Police Department with a platform to highlight the significance of these often unsung heroes in the community ■ Meadowdale Preschool Visit - Visit to preschool aimed to promote positive police interactions from an early age. Officers engaged with young children, introducing them to law enforcement in a friendly and approachable manner ■ Shop with a Cop - Heartwarming event that allows children to go on a shopping spree with police officers ■ Food Drive - Annual food drive, organized by the Edmonds Police Department, brought together community members, local businesses and officers to collect essential supplies for those in need ■ Paying for motel rooms for people experiencing homelessness (using funds in the police budget and funds donated by a local church) ■ Coffee with a Cop (3 in 2023) - Informal gathering designed to facilitate open dialogue between our dedicated police staff and the community members they serve and protect. This event is specifically organized for on -duty staff members who can participate without requiring overtime. Allows for open conversations, active listening, positive engagement and networking opportunity o Cadet Program, Explore Program in progress ■ In 2022 Edmonds Police Department relaunched its cadet program for actively enrolled college students Edmonds City Council Approved Minutes October 10, 2023 Page 16 - Introduction to varied careers related to public service and law enforcement - Opportunity to evaluate potential candidates for future employment in a full-time role - Enhances community police relations, creates opportunities for community members - Assists the police department with its dynamic workload ■ In the fall of 2022, we hired Cadet Jennifer Aguilar, a college student at Seattle University working toward her degree in criminal justice with a specialization in forensic psychology Additional Police Tools o Drone Unit ■ Introduction of the drone unit to Edmonds Police Department in 2022 has already been applied with success for not only our own agency but has been utilized to assist neighboring agencies that need aerial surveillance and crime scene documentation o K9 Welcomes: ■ Officer Ballard's K9 partner is a 1-year old male German Shepherd imported from Slovakia who has amazing energy and a clear head. ■ Officer Hwang selected a 16-month old male Dutch Shepherd who is long and athletic with great speed. His name is Dog. ■ Both teams will start K9 school on October 4 and should be road ready by mid -December [The following questions were asked while technology issues were being addressed.] Councilmember Teitzel inquired about K9 training, Chief Bennett advised the officers go through K9 training with the dogs and there is a great deal of field training. Councilmember Olson observed the funding for the AEDs was provided by the Edmonds Police Foundation. Councilmember Chen asked about police operations without any K9s. Chief Bennett explained unfortunately both of the department's K9s had unrecoverable illnesses. If there is a need, Edmonds will utilize a K9 from another agency. Chief Bennett continued her presentation: • Crime Rates o Crime Statistics - NIBRS Offenses _ 0 1 0 M.rvYayMer 1 0 1 0 0 0 Aepe 10 6 o] 0.1 ) 1 Soda" _ _2 _ a 0 0 B Se.W1A)vVB r/Ob3M 0 0 0 0 0 F01,0k, 12 5 0.5)3 0.1 5 2 A/p..ate,1 f 1t 6Z 63 0.016 1.5 Z1 1 5.wk AFUPB ]33 1. 0.213 3.7 ]02 Sg 1—d.t4n 61 65 0.1" 1.5 22 )5 Ktlnapp.� B 0.37) 0.2 ) l Ine.yt 0 0 0 0 0 61Mulory A+pe 1 0 -1 0 0 0 IWman Tnf1td600Henles 0 0 0 0 0 VWseM of W Contan/PrMM 50 70 0.56 1.8 61 56 Robbery .3 32 0.256 o"15 2 Bw6Yty 11. 111 0.011 . 3B 6 t.rc.nyTMM OH.— 892 .1 .001, Xi — 6 Motor V1hk`e rWt 201 103 0,02 2A 5 1 Anm 6 5 0.361 0.1 0 0 DesHU _&Property a36 435 0-111 Z1 11 COVnterfeBYy/Fargary 35 29 0.171 0.7 1 2 4.o00ff— 300 2. 0-1 6 26 2 flM.alkment 2 0 .1 0 0 0 EytoHon/BttO�mai 5 . .0.2 0.1 0 0 Otte, 0 0 0 0 0 Stoke Property Offense) 61 55 0.012 1.3 M 0 A0e K—ky 2 2 0 1 0 mg/--. V.._ 112 10 o..e2 3.9 13 0 D14 Eqo ent VbYtcnf lw .1 OSI9 i1 0 0 G.mbb601f.— 0 0 0 0 0 ,—""ylry . 0 -1 0 1 0 Pr —tan offenses a o 0 0 0 weapon bw VtlW_ 20 2B C. 0.1 14 0 Grant Total 311P6 2211 001, 61.2 6)2 212 Edmonds City Council Approved Minutes October 10, 2023 Page 17 Crime Statistics — NIBRS " ' —""""" Bad Chocks 0 0 Cerfew/vagrancy 0 0 Weapons Used in Crimes Drsonderly Conduct 11 0 Drankenress 0 0 :% m 6 DUI 64 0 30 Famay OSfrrn," 0 0 tall tlquof 1aW sa a II 9 33 15 Vcaations 3 1 0 aa — M — Feepwn Tom 0 0 ris .11, do-r 48 cT., a er Trespass 61 a 00. All Other Offenses Y 0 e` vm Total 163 3 one. Guts. Oep'e"`"� _gaiueape¢ 16\ t\ heron s\ Oa+a[e; 7% M..Ijuo, ta\ Srrrau� Sa\ a 0e6reSSM 8101M 09" 90paes . sc"uWts ou.4— M—an 000e G:Ss Relationship of Victim to Offender tbn6r4s Crime m'. 6 IM" th,"h W4W.5 vase ArNa1 A(yOt Inn nrnerc are a+vee The W." aKUNi WAU Aw"re %.— INEaS) 4bnesas: 44/ WASK- WafaVW AH¢:1w a Sno 9t aro ►wce Reis +00 S00 600 • School zone cameras o Should be operational in January 2024 o There is a 30 day warning period o Five cameras were installed after a research study at high speed school zone areas o Red light cameras could simply be added to the existing contract • Decision package 7 o The proposed red-light camera enforcement systems (assuming approval ad agreement modification) will take several months into 2024 to engineer, install, and incorporate into the eco-system we are currently designing for school zone cameras ■ For 2024, they could be operational by May, so they would be functional for the remaining 8 months of the year ■ For 2025 and beyond, they would be operational year-round o Six red light cameras proposed at the highest volume intersection related accidents in the City ■ The City of Kirkland operates a school zone camera (not red light), program nearly identical to our proposed plan. Seattle, Kirkland, UP also operate cameras. Everett is in process of getting cameras. ■ A Lynnwood report is attached as an example - Lynnwood traffic camera infraction revenues are shown at $3.5M from the six new cameras - Lynnwood reports that over 80% of violators live outside the city limits o Lynnwood's 2022 Annual Automated Traffic Safety Camera Report Edmonds City Council Approved Minutes October 10, 2023 Page 18 0 0 Lynnwood Police Department Per RCW 46.63.170 cities using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera on the City's website The below data comprises the number of accidents and citations issued at each respective intersection and school zone where traffic safety cameras are deployed. Intersection Number of Citations 'Number of Accidents 361h / 196th St S.W. 6,070 3 441h / Ald. Mall Blvd. 3,514 8 (A) 441h 1196'^ St S.W. 0 - Under Construction. 6 1841" I Ald. Mall Pkwy 4,728 6 196111Ald- Mall Pkwy 14,163 2 Maple / Ald. Mall Pkwy 1,900 3 1961l' / Hwy 99 2,834 5 4411/ 20V St S.W. 5,063 8 (A) Hwy 991200" St S.W. 1,164 3 School Zone Number of Citations Number of Accidents 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BLK 168th St S.W 2,660 4 'Number of Accidents reported reflect collisions occurring within the intersect iur Highest Accident -related intersections in Edmonds ■ Highway 99 & 220tb St SW ■ 220th St SW & 76th Ave W ■ 220th St SW & 9th Ave S ■ 212tb St SW & 76th Ave W ■ Hwy 104 & Dayton St ■ Hwy 104 & 100t1i Ave W Edmonds accidents (2018-2023) oa 0` 0 0 „ fwk�r p 0 p o �o 01 r4(0� ' Q �QQ� �� 0 � � ( Q o p.0 goo oo� 0 0 0 Ala 0 0 n -0— -- I 0 0 QO 0 0 .,0 � I 0 �o 0 0 Go p U 0 0 p quo OV p1-4�s awl 0 0 4 Tcrrxc 4USS 11il, Edmonds City Council Approved Minutes October 10, 2023 Page 19 o Highway 99 Red -Light Intersections Intersections with Highway 99 212t'' St SW 216t'' St SW 220t'' St SW 224th St SW 228t'' St SW 238t'' St SW 224th St SW Jurisdictional Direction SB and EB SB and EB SB, NB, EB and WB SB, NB, EB and WB SB, NB, EB and WB SB, NB, EB and WB SB and WB Councilmember Teitzel assumed staffing was required to review the red-light camera footage and send out citations; however, there did not appear to be any staff costs in the decision package. Chief Bennett answered additional staffing would be required eventually. It wasn't necessary to request it now because it will be at least six months before they would be operational and the warning period expired. There would be a budget amendment for additional staff once the cameras were operational. Councilmember Paine asked if the red-light ticket review could be done by officers on light duty. Chief Bennett answered potentially although the department has not had a lot of light duty in the past. Councilmember Paine asked what resources would be required to have more than six cameras, recognizing it would affected the courts as well as the police department. Chief Bennett answered depending on volume, additional staff would be required to review footage and the court may need additional staff to process tickets as well as possibly an additional day to process contested tickets which might also require more public disclosure requests. Councilmember Paine said if there is interest in six, maybe there should be nine. Councilmember Paine observed the prisoner care budget is high, almost $1M. She asked who controls that contract. Chief Bennett answered the police department does not administer that contract. Councilmember Paine expressed interest in determining who administers the contract and determining whether other jurisdictions offered lower cost post -conviction jail housing, recalling Yakima offered that at a lower cost. Chief Bennett answered some of those long distance housing facilities no longer offer services. Someone would need to research where those services are offered; the police department is not involved in that process. She noted the increased cost is also because jails have add on costs for mental health, addiction, suicide watch, etc. Councilmember Chen observed the police department head count on page 77 of the budget book was 83.5 in 2023 and 2024; on page 79, the 2023 estimate was $13M and the 2024 budget was $17.6M, an increase of $4.5M. He asked about the increased cost with the same head count. Chief Bennett answered she was not aware of how Mr. Turley calculated that increase. One factor may be the EPOA union contract that is in the process of being bargained. That would be a question for Mr. Turley. Councilmember Chen recalled the 2023 budget included funds for a Highway 99 substation search. He asked for an update on the search. Chief Bennett answered there is a study group that meets weekly and the search is ongoing. Mayor Nelson advised Public Works is taking lead on that. Councilmember Nand relayed she met a young community member interested in meeting police officers; she will share the community programs with her. She thanked the police department for their community outreach. Councilmember Nand was skeptical about expanding traffic cameras outside of school zones. She could see a nexus to public safety for the school zone cameras due to young pedestrians. Many people who travel through Lynnwood have relayed their negative perception of the red light cameras. She was Edmonds City Council Approved Minutes October 10, 2023 Page 20 concerned with red light cameras as a source of revenue estimated at $3.5M and the strong perception in the community that red light cameras are a revenue generating activity and less of a nexus to public safety. The reason Lynnwood has gotten away with a wide spread red light camera program is the attraction of Alderwood Mall. There is nothing comparable in Edmonds' business community and she feared people getting tickets would discourage tourism activity. Councilmember Nand was also concerned that four of the six identified intersections were targeted to the Highway 99 community, a community that gets very disparate treatment compared to other areas of the City. Chief Bennett responded only one of the high accident intersections is on Highway 99, the rest are not. Councilmember Nand commented the intersections may not be on Highway 99 but they are streets off Highway 99 which will disparately affect that community. For example if someone is commuting into the bowl or lives in north Edmonds, they would not be impacted by the cameras as much as someone living in the Highway 99 community. Chief Benett displayed the list of highest accident -related intersections, explaining the intersections were identified solely based on accident data and there have been a number of resident complaints, especially high speed accidents on 76t' and 212t1i and 220'1i. Chief Bennett continued, explaining for her, the red light cameras are a public safety measure for accident reduction as well as pedestrian safety. Generally people living in a community know where the red light cameras are and GPS apps warn of red light cameras. The goal is to get people to stop at red lights to allow pedestrians to cross safely as well as to reduce accidents. She referred to a video of an accident at 220'1i & 76'1i where a parent and child were hit. Red light cameras are a surefire way in high accident intersections to get people to slow down. She admitted receiving a red light ticket in Lynnwood and realizing after she watched the video that she had unintentionally run the red light. The ticket is like a parking ticket, is not a moving violation and does not impact a person's insurance or ability to have a driver's license. Many of the drivers who receive red light camera tickets in Lynnwood are not residents, most of the tickets are for people traversing through the community. She assured the red light cameras are a public safety measure and the data is strictly related to high accident intersections. Councilmember Nand said she was definitely in favor of reducing speeds on the streets off Highway 99 via community emphasis patrols and traffic calming such as speed bumps but she was not quite there with traffic cameras due to people's perception that Lynnwood is hostile to people traveling through. She knew of people who have gotten red light camera tickets who refuse to travel in Lynnwood. With regard to the comment that bowl residents would not be targeted by the proposed location of the red light cameras, Councilmember Olson said it is nearly impossible to reach the freeway without driving on 212th, 220th or SR 104. She asked if Shoreline had red light cameras. Chief Bennett explained Shoreline is a contract city for police services. She was uncertain if any of the contract cities have red light cameras because it is a complicated, multiagency, multigovernmental arrangement. Councilmember Olson said she was interested in the context of competition for people driving through. Councilmember Olson observed the budget forecast projects $4M from red light cameras. She asked if that amount was optimistic or should the amount be $2M-2.5M. She asked what that amount was based on. Chief Bennett said most of her conversations have been related to accidents, safety and the data. Anything related to revenue was on the very conservative, low end. Councilmember Olson asked if there was a community service option for someone who gets a red light camera ticket and cannot afford to pay. Chief Bennett advised there are options through the court. Councilmember Olson expressed interest in having a community service option. She congratulated the police department on passing their audit, the fact that only three departments in the state passed is very impressive. Chief Bennett recognized the department's amazing administrative staff. Councilmember Olson asked what the audit looks at. Chief Bennett offered to send it to council. Councilmember Olson Edmonds City Council Approved Minutes October 10, 2023 Page 21 also inquired about the recruiting video. Mayor Nelson advised the video is on the City's Facebook at City Police. Councilmember Teitzel referred to the slide about the bike program and their use for crowd control. He receives numerous emails about crime and drug use on the Interurban Trail and asked if random bike patrols on the trail had been considered to calm that type of activity. Chief Bennett responded there are jurisdictional issues because the trail and parks are not necessarily owned by the City of Edmonds. Councilmember Olson asked if a ILA would be required. Chief Bennett responded addressing that would require further discussion. In her previous position, the police department patrolled city -owned trails and parks especially in the summer, but the variety of ownership of the Interurban Trail makes that more difficult. Councilmember Teitzel asked if additional funding would be required for bike patrols on the Interurban Trail. Chief Bennett advised it likely would be overtime based on staffing. Current patrols are done with on -duty officers as much as possible, but current staffing makes that difficult. Councilmember Chen argued it is the City's responsibility because although the Interurban Trail is in Mountlake Terrace, the residences are in Edmonds. Chief Bennett relayed her support for as much patrol as humanly possible. If additional patrols are requested and approved, she was happy to put those resources on the Interurban Trail if the police department has the resources available. Mayor Nelson declared a brief recess. 3. AUGUST 2023 MONTHLY FINANCIAL REPORT (Previously Received for Filin$ Item Council President Tibbott advised he asked the Finance Committee Chair, Councilmember Chen, to lead this discussion. To the question of why this was not done at the Finance Committee meeting, he explained there was interest by several councilmembers in the monthly financial report and this provides an opportunity for the entire council to hear the same information as the council proceeds into the budget season. Councilmember Chen explained typically Administrative Services Director Dave Turley reviews the monthly financial report with the Finance Committee followed by questions from councilmembers. He asked Deputy Administrative Service Director Kim Dunscombe if she would like to proceed in that manner. Ms. Dunscombe answered she has only been with the City for a month and was not entirely familiar with the reports and numbers. She will answer the questions she is able to but was not prepared to present the monthly report. Councilmember Chen said another format the Finance Committee utilizes is staff responds to questions. Councilmember Chen refer to the Investment Portfolio Summary, packet page 4, which summarizes the City's cash investments amounts. He referred to $10.6M invested in the Washington State LGIP generating a return of 5.34% and $33.7M invested in the Snohomish County LGIP generating a return of 2.31 %. Funds from both sources can be accessed on demand and based on prior discussions with Mr. Turley, the Snohomish County LGIP requires 1-2 weeks' notice to access the funds versus the Washington State LGIP which is almost instantaneous similar to a checking account. His observation for the last 6-7 months was the City is heavily invested in the lower performing investment pool, Snohomish County LGIP which has a 2.3% return. He has been asking for several months why the City does not invest more in the higher return investment which is also more liquid and easier to access. Ms. Dunscombe recalled Councilmember Chen asking that question at a previous Finance Committee meetings' she did not recall Mr. Turley's his answer but was certain he had a reason. Mayor Nelson expressed surprise at the questioning, relay concern he just learned that council planned to have the deputy director answer questions that the director would typically answer. The council knows Edmonds City Council Approved Minutes October 10, 2023 Page 22 Mr. Turley is out this week so he was unsure why the council was engaging in this type of discussion. Council President Tibbott said the intent was just to make the council aware of this question. The investment policy is something the council wants to review in the coming year to ensure the City is doing the best it can. In his mind, the more important issue was fund balances. Councilmember Chen agreed this was a special meeting and no actions were anticipated. The main focus is for the council to discuss this so the public is aware of the City's financial position as reported the August financial report. Councilmember Buckshnis raised a point of order, suggesting a special Finance Committee meeting next week when Mr. Turley is available to answer questions. The council president canceled the Finance Committee meeting and apparently this agenda item is trying to make up for that. She preferred to wait to have Mr. Turley answer questions instead of asking a new employee. Committee meetings are an informal place to hold discussions. Mayor Nelson agreed. Councilmember Chen agreed it was probably better to have Mr. Turley answer questions. The intent today is to have a discussion. Council President Tibbott and he felt this was critical and time sensitive considering the General Fund reserve policy. Councilmember Paine, a member of the Finance Committee, said she was upset and irritated she was not consulted. She found that discourteous and something that should be addressed by the three of them. She requested that be scheduled as soon as possible. Councilmember Teitzel said looking at the August financial report was like driving down the freeway looking in the rearview mirror. The real issue is the budget and the fund balance going negative and how that will be addressed by policy. He was not sure how to blend the August financial report with the budget and the end of the year forecast and he tended to agree with Councilmember Buckshnis about holding a special Finance Committee meeting when Mr. Turley returns. Councilmember Chen responded the intent was to review the August financial report which was placed on the agenda as Received for Filing. It was his understanding the council has no knowledge of items on the agenda under Received for Filing and there was no opportunity for discussion. He asked City Clerk Scott Passey to explain the intent of Received for Filing. Mr. Passey answered the Received for Filing category was adopted based on the parliamentary consultant's advice for items that are for information and no council discussion or action is expected. Received for Filing items do not include policy proposals or recommendations, they are just for information. In response to Councilmember Paine's objection about this agenda item, Councilmember Chen began to explain. Councilmember Paine raised a point of order, stating she preferred to have this discussion in council chambers with the council president. Councilmember Chen pointed out there was a motion and second to amend the agenda and the council voted unanimously to add to this as an agenda item under Council Business. Council President Tibbott suggested tabling this to another meeting. He was glad this was before the council, commenting the council should be especially aware of the General Fund balance and how that relates to budget decisions. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO TABLE THIS TO A SPECIAL MEETING LATER IN THE MONTH. Edmonds City Council Approved Minutes October 10, 2023 Page 23 Councilmember Teitzel asked what was meant by later in the month and suggested next week. Council President Tibbott advised a special meeting requires notice. City Clerk Scott Passey explained postponing to a date certain would require a specific date, otherwise the matter would be postponed indefinitely and the council president could bring it back whenever there was room on an agenda. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO POSTPONE INDEFINITELY. MOTION CARRIED (6-0-1), COUNCILMEMBER PAINE ABSTAINING. 7. ADJOURN With no further business, the council meeting was adjourned at 9:05 p.m. cs:� SCOTT PASSE , CLERK Edmonds City Council Approved Minutes October 10, 2023 Page 24