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20190326 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES March 26, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Kristiana Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT David Machado, Police Officer Phil Williams, Public Works Director Shane Hope, Development Services Director Rob English, City Engineer Jeanie McConnell, Development Program Mgr. Mike Clugston, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk 'Scott Passey called the roll. All elected officials were present with the exception of Councilmember Johnson. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MARCH 19, 2019 2. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 19, 2019 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. WINDWARD ENVIRONMENTAL -REQUEST TO HIRE A SURVEYOR 5. INTER -LOCAL AGREEMENT W/EDMONDS SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER (SCRIBER LAKE HS) Edmonds City Council Approved Minutes March 26, 2019 Page 1 5. PRESENTATIONS 1. HEARING EXAMINER ANNUAL REPORT Hearing Examiner Phil Olbrechts explained he works for over 20 municipalities, cities, counties and the Seattle School District. He is often asked who has the best zoning and sign regulations and Edmonds is usually at the top of the list. Edmonds' design regulations are evident in the quality of the built environment; few cities have accomplished so much. Doug's Lyiinwood Mazda (3/4/19): Approved design review and a design review exception to pedestrian/walkable design standards for an addition to Doug's Lynnwood Mazda located at 22130 Highway 99. The Applicant proposed an addition to the existing Mazda service building at 22133 Highway 99 together with an addition and remodel of the existing Mazda showroom to convert it into a Hyundai sales and service building. The requested design review exception was to ECDC 16.60.030(C)(1) and (2), which only authorizes a maximum of 60 foot separation from 50% of a building's fagade facing a street and its accompanying street frontage. The Applicant proposed to use this space for auto sales, which necessitated more than 60 foot separation from project buildings and street frontage. In order to qualify for the design review exception, the Applicant had to incorporate numerous pedestrian design features to compensate for the lack of building proximity to street frontage. These features included placing the active portions of the building, comprised of a glass encased showroom with a prominent bronze clad entry way, closest to the street frontage. These active portions were then connected to the street frontage via a well-defined walkway that was augmented with landscaping and seating areas. Overall, the City's efforts at encouraging pedestrian connectivity in its GC zone were highly successful for this project. St. Alban's E isca al Church Conditionail L:sc (3/4/19): Approved conditional use permit for pre-school use of the Sunday school wing of St. Alban's Episcopal Church, located at 21405 82nd Place West. Testimony was limited to staff, applicant and property owner (church). No more than 18 students would be present at church site at any one time. Surrounding uses are single-family residential, but church property is 2.5 acres in size with a significant amount of trees buffering the classroom site from adjoining residences. Westhaven Preliminary Plat (12/28/18): Approved preliminary plat division of 1.99 acre parcel into ten single-family lots. This was the only project of the last year that attracted any project opposition. Concerns included tree removal, habitat loss, drainage, traffic safety and noise. A couple conditions of approval were crafted to protect both on-site trees and the root system of off-site trees. Given the legal ambiguity of protecting off-site trees, the conditions of approval gave staff the option of either requiring protection of the tree roots from off-site trees or requiring notice to property owners of potential damage, allowing flexibility as necessary to address conditions during construction and associated legal rights and responsibilities. 244" Street Unit Lot Subdivision (10/25/18): Approved 11 lot unit subdivision. This was the City's second application of its unit lot subdivision ordinance to a preliminary plat. The project was already under review as an 11 unit detached single family dwelling complex on one lot in a multifamily zone. Building permits for the homes had already been filed as required by the unit lot subdivision ordinance and the purpose of the proposed unit lot subdivision was to create single lot ownership for each separate dwelling unit. No one other than staff testified at the hearing. Edmonds Woodway Hieh School Athletic Field Improvements (9/11/18): Recommended approval to City Council of conditional use permit, two variances and design review for improvements to the athletic fields of Edmonds-Woodway High School at 7600 212th St. SW. Improvements included a synthetic turf multipurpose baseball field with football/soccer field and associated lighting and bleachers. Four tennis Edmonds City Council Approved Minutes March 26, 2019 Page 2 courts and associated lighting were proposed east of the athletic fields. Three batting cages are proposed south of the tennis courts. The conditional use application covered the proposed bleachers, playfield lighting and structures 25 to 60 feet in height (eight 50 -foot lights around the tennis courts and 40 -foot ball control fencing and netting around the baseball field). The height variance was for eight proposed 70-90 foot light poles surrounding the baseball/football/soccer fields (six 70 -foot poles and two 90 -foot poles). The setback variance was to reduce the street setback variance along 216th Street from 20 feet to 4 feet to accommodate the proposed batting cages. All public testimony was in support of the application. Councilmember Buckshnis referred to the Westhaven preliminary plat and asked if there was much case history about protection of off-site trees. Mr. Olbrechts said there is one court decision that states a property owner has a right to self-help, if root trespass onto their property, they can remove them and does not mention notifying the adjacent property owner. There may be another case regarding trees on a property line; he did not think a property owner had the right to remove those tree roots if they trespassed on their property. He summarized there was minimal case law. Councilmember Buckshnis said the City's code is very limited with regard to removal of trees during development unless they are in a critical area. Councilmember Mesaros asked if this had been a light year for Edmonds and how it compared to other jurisdictions he serves. Mr. Olbrechts answered it was somewhat of an average year for Edmonds. He represents a wide range of jurisdiction sizes; the number of cases depends on the amount of developable land. For example, in the City of Federal Way which has a population of approximately 80,000, he typically only has two cases/year; as a result of a code change most of their projects are administrative staff review. Before that change, he reviewed 3-4 projects/month. In Renton, which is a similar size to Federal Way, he hears approximately 10 cases/month. He summarized the number of cases varies widely between communities. 6. AUDIENCE COMMENTS Lynn Chelius, Edmonds, thanked the City Council for being welcoming and attentive to citizen speakers. A speaker at a recent Seattle City Council meeting was treated brutally by Councilmember Debora Juarez. After respectfully requesting the full Council's attention as every Councilmember was looking at cell phones or computer screens, he was rudely told by Councilmember Juarez that he had better start talking as his allotted time was ticking away. She has spoken in front of Edmonds City Council several times and has watched many others do so; Edmonds' Council always gives each speaker their full attention and treats them with utmost respect, thanking each person for participating and making it a positive experience. In Edmonds, great respect is shown each speaker, even when a speaker's position may be controversial or one that none of the Council agrees with or when there is a long line of speakers. This is a tangible example of true good government. Adriane Martinez, RN, Edmonds, referred to an article in the Herald that the Council was surprised there were 230 homeless Edmonds residents. She is a board member for the Interfaith Family Shelter in Everett which served one family from the Edmonds area in the last six months. She referred to the report on homelessness prepared for the Council, explaining many of the homeless shelters are based in Everett because of the three mile radius of health programs. The shelter currently hosts 11 families, all in separate rooms. She agreed the City needed to help the homeless population, recognizing there was a lot of publicity recently due to the KOMO documentary on homelessness; issues related to homelessness include substance abuse as well as rising costs. Because the family shelter is located in Everett, the Council may not be aware that they are addressing these issues and have substance abuse counselors, children advocates, etc. Cindy Sjoblom, Edmonds, commented there are many compassionate people. She used to work in the mental health industry as a behavioral psychologist which is a difficult industry. She was floored and devastated to witness the appalling streets of Seattle. She and her husband are in real estate; one of their clients' businesses was violated by excrement and a mattress on his property as well as camper with a tent Edmonds City Council Approved Minutes March 26, 2019 Page 3 overhanging the sidewalk. Citizens' constitutional rights are being violated by these public health and safety issues. While she is a compassionate person, the law-abiding, taxpaying citizens' rights need to be defended. She did not want what is happening in Seattle to happen in Edmonds. A bill in the legislature, HB 1591 would allow/make legal what is happening in Seattle. She wrote to the Governor, the Mayor of Seattle and the Seattle City Council to make her voice heard. If that bill passes, the homeless and transients can be wherever they want in parks and on sidewalks. It is tragic to see; the Seattle Police Department have said the people living on the streets are drug addicted and criminals hiding in plain sight. She cited the importance of retaining the integrity of parks and streets. Tony Warren, Edmonds, referred to the resolution requesting the FCC conduct a safety study on 5G that has been essentially mandated by the FCC. Although he liked the overall intent of the resolution, he objected strenuously to requesting the FCC to do anything with regard to safety and health. The FCC and other regulations related to impact on the human body talk about ionizing radiation, RF radiation, which causes thermal heating. It is fairly well known that health effects occur at levels which are orders of magnitude less than the ionizing radiation. He compared asking the FCC to do this kind of safety analysis to asking the fox to guard the henhouse. 7. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Buckshnis reported the committee discussed: • New Budget in Brief • Waterfront Center Financial Update o Committee requested assumptions for projections and signed contracts ■ November, December and January Monthly/Quarterly Financial Reports o Yearend 2019 financials will be presented to full Council s Fund Balance / Reserve Policy Discussion • Parks Impact Fee Annual Financial Report Parks & Public Works Committee Councilmember Teitzel reported the committee discussed: • Arts Festival and Market Event Contracts o Added language regarding ban of single use plastics ■ Report on Bids for the Dayton Street Utility Replacement Project o Rebuilds Dayton 3`d to 9"' and replace sewer, water and stormwater o Low bid was $6.14M and engineer's estimate was $6.77M • ILA Verdant Health Commission o Outdoor fitness zones • Environmental Works/Barker Landscape Amendment #2 o Decoupled from Ebbtide walkway project Public Safety, Personnel and Planning Committee Councilmember Nelson reported the committee reviewed: • Urban Forester Job Description Approval 8. ACTION ITEM 1. RESOLUTION REQUESTING THAT THE FCC STUDY HEALTH IMPACTS OF SG WIRELESS TECHNOLOGY Edmonds City Council Approved Minutes March 26, 2019 Page 4 City Attorney Jeff Mr. Taraday explained at last week's meeting, the Council expressed interest in considering a resolution that expressed concern about the health impacts of small cell on the community. Although the City clearly cannot regulate that, the Council wanted to express concern and urge elected officials to take action. The packet includes two resolutions; the first is similar to Portland's resolution and the second resolution adds a request to Congress to review the FCC's actions in other regards that go beyond health such as taking away local control. Councilmember Nelson referred to a congressional bill introduced by Congresswoman Eshoo, H.R. 530, the Accelerating Wireless Broadband Development by Empowering Local Communities Act of 2019, that would basically rescind the FCC's order. There are 126 mayors, city councils, town halls, county executives, board of supervisors as well as 132 public utilities that have signed onto the legislation including Snohomish County, Seattle, Tacoma, Kent, Everett, Renton, Federal Way, Kennewick, Auburn, Pasco, Redmond, Bremerton, Oak Harbor, Poulsbo, Normandy Park and Yarrow Point. He suggested separating the topics of health effects and the request to Congress into separate resolutions. Councilmember Teitzel referred to the 3rd Whereas in the second resolution that states, WHEREAS the Federal Communications Commission is required by the National Environmental Policy Act of 1969 to evaluate the effects of emissions from FCC -related transmitters on the quality of the human environment. It was his understanding that the FCC had taken no position with regard to whether 5G wireless is harmful to human health. Mr. Taraday said as 5G wireless does not exist yet, it was unlikely the FCC had meaningfully studied the health impacts. Councilmember Teitzel clarified the FCC has taken no position yet that small cell wireless transmissions are harmful to human health. Mr. Taraday agreed the FCC has not said its harmful. Councilmember Teitzel asked how that squared with the Whereas clause he cited and whether the FCC had taken any action to determine if small cell wireless transmissions were harmful or not. Mr. Taraday said the intent of the language in the resolution was while the FCC is preempting jurisdictions from regulating health, the FCC has not meaningfully determined that small cell is safe and doesn't allow anyone else to make that determination. The resolution is taking the position that the FCC has not adequately done that. Councilmember Teitzel again referred to the 3" Whereas clause, concluding the FCC had not evaluated the effects of emissions. Mr. Taraday said he and staff were focused on drafting the City's code and did not independently verify the statements that Portland made when adopting its resolution regarding human health. He knew that could not be regulated so he did not focus on what the FCC has or has not done with regard to human health and focused on what the City can regulate. These statements were primarily taken from Portland's regulation that the City Council requested staff provide. Councilmember Teitzel said he was concerned about aesthetics but was more concerned about public health. He referred to an article in last week's packet about Petaluma, California, who voted to restrict small cell installations to 500 feet from homes and asked whether the wireless industry had taken action to block that action. Mr. Taraday answered not to his knowledge. Councilmember Teitzel asked whether Edmonds could pursue that same restriction. Mr. Taraday said Petaluma took a number of steps that in his opinion were probably not defensible. With regard to imposing a 500 foot setback from any residence, he said 500 was a considerable distance and in Edmonds, where the vast majority of the city residential, it would make a huge majority of the City off limits to deployment of small cell. He did not recommend the Council adopt a similar regulation. Councilmember Teitzel supported Councilmember Nelson's suggestion to sign onto the action other cities have taken and of the two resolutions, he prefer the second one. Councilmember Buckshnis asked why two separate resolutions were needed when only Sections 3 and 4 would be removed to create a new resolution. Councilmember Nelson said the cities should be able to Edmonds City Council Approved Minutes March 26, 2019 Page 5 regulate wireless not the federal government. One of the resolutions would be related to health effects and the other related to the ability to regulate and having two resolutions would be cleaner. Councilmember Buckshnis agreed they were two different ideas. Councilmember Mesaros expressed support for the second resolution. One of issues is interstate commerce and the City's role as one municipality is very limited which he acknowledged was difficult to accept. He found merit in Councilmember Nelson's comments about joining with other cities in Washington related to the legislation in Congress. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO AMEND SECTION 4 OF THE RESOLUTION TO REFERENCE H.R. 530. At Councilmember Teitzel's request, Councilmember Nelson read the bill: A bill to provide that certain actions by the Federal Communications Commission shall have no force or effect. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Short title. This Act may be cited as the "Accelerating Broadband Development by Empowering Local Communities Act of 2019". SEC. 2. Preservation of rights of State and local governments. Actions by the Federal Communications Commission in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment" (83 Fed. Reg. 51867) and the Federal Communications Commission's Declaratory Ruling in "Third Report and Order and Declaratory Ruling" (FCC 18-111) shall have no force or effect. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT THE SECOND RESOLUTION AS AMENDED. MOTION CARRIED UNANIMOUSLY. 9. PUBLIC HEARING 1. PUBLIC HEARING ON SMALL CELL UPDATE TO THE WIRELESS REGULATIONS IN CHAPTER 20.50 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE Planner Mike Clugston reviewed: ■ Why Small Cell o Industry responding to increased demand — Internet of Things... o Off-load macro service (capacity) o Provide new coverage in some areas • 4G now, 5G in future • What are small cell deployments? o Small cell deployments are complementary to towers, adding much needed coverage and capacity to urban and residential areas, venues, and anywhere large crowds gather ■ Antennas connected to nodes receive and transit wireless signals to and from mobile devise ■ Optical fiber connects to other nodes and carries data to and from communication hubs operated by wireless carriers ■ The cabinet holds equipment that process wireless signals for multiple wireless carriers • Federal Communications Commission (FCC)Small Wireless Facility Rules o FCC Ruling (the "Order") released on September 27, 2018 ■ The Order adopted new rules limiting how state and local governments may treat applications for the installation of small wireless facilities — Limited local permit review fees and review timelines — Can regulate aesthetics (location and appearance) Edmonds City Council Approved Minutes March 26, 2019 Page 6 0 January 14, 2019 — The Order went into effect ■ April 14, 2019 — Local jurisdictions to have aesthetic rules in place What we know about small cell o Antennas are smaller and lower power than existing macro o Need more antennas to cover the same area 0 20'-40' ideal height (-50' allowed by FCC) o Taller support structures provide opportunity for more collation (leading to fewer site overall o Complete concealment is possible o Many jurisdictions have sued FCC for Order overreach What we don't know o When and how lawsuit will be resolved o How many small cell sites there will eventually be o How build out will occur o Any connection between 5G and health impacts o How future technologies will look Project timeline: o February 12th — Council approved interim ordinance o February 27" — Public hearing at Planning Board, forwarded recommendation to Council o March 19th — Council discussion of Planning Board recommendation o March 20h — Council public hearing on updated regulations o April 2,d — Council approve updated ordinance o April 14" — Local jurisdictions to have small cell aesthetic rules in place Council direction on March 19 o Focus location in the right-of-way, zoned property as an option o Prefer concealment vs. camouflage o Encourage collation to minimize total number of sites o Establish a 25 -foot height limit for freestanding small cell poles that do not include street lights o Requested resolution asking FCC to study 5G health impacts Small Cell Facility Location Preferences (photographs) 1. Hollow Power Pole — full/partial concealment 2. Freestanding Small Cell — full concealment 3. Wood Power Pole — installation on top of pole 4. Wood Power Pole — installation in communication space 5. Strand Mount — attachment to wires Revised small cell regulations o Permitted locations o Location preference hierarchy ■ Application requirements for infeasibility o General design standards o Specific design standards for facilities in the ROW o Specific design standards for facilities outside the ROW Permitted locations (20.50.130.A) o In BD zones — building attachment and hollow utility pole only o Where utilities are underground — building attachments, new or replaced street lights, and freestanding facilities only o May not locate on existing Sternberg lights, historic properties, or wood poles that contain a street light o Freestanding poles allowed in any zone (not BD), subject to dispersion 0 300' radial dispersion requirement ■ Not for building -mounted ■ Not for small wireless facilities located in hollow poles Location Preference Hierarchy (20.50.130.13) Edmonds City Council Approved Minutes March 26, 2019 Page 7 #1 - Hollow utility pole #2 - Freestanding small wireless facility of new street light #3 - Existing wood utility pole (on top) #4 - Existing wood utility pole (on side) 45 - Strand -mounted (on wires) Application requirement for infeasibility must be met before moving down the list (20.50.070.G) • Design Standards (20.50.130.0-E) o Concealment o Camo o Collocation - new pole, at least two providers • Comments received o AT&T o Verizon o T -Mobile o PUD • Further changes anticipated o Based on comments received ■ Update location preference #1 - "The antenna shall either be fully concealed within the pole or placed on top of the pole, based on technical feasibility" ■ Other changes as needed • Future work o Add graphics to ordinance o Refine fees and permit administration o Revisit possibility of a new lighting standard for downtown which would allow small cell location • Next steps o Direct staff to prepare a final ordinance for approval and adoption on April 2 o Local jurisdictions to have aesthetic regulations in place by April 14, 2019 Councilmember Buckshnis referred to 20.50.020C, Master Permit Agreements, and the removal of paragraphs 2d, e, f, g and h related to submitting maps of provider's current coverage area, existing macro facilities, etc., all the things she felt the City needs to know to prevent duplication. Mr. Clugston explained the FCC order eliminated the need to prove a coverage gap. A number of the paragraphs addressed the coverage gap concept; the City cannot require the industry to prove a gap. Mr. Taraday explained companies will do what is profitable and will not install small cell in areas where they do not need to. Their profit motive will cause them install in areas where the service is needed. He summarized the information requested in those paragraphs was not needed from a regulatory standpoint. If the City will be charging for and issuing Master Permit, Councilmember Buckshnis questioned whether the City would want to know the location and the number. Mr. Taraday said the City is only allowed to charge for review costs. Councilmember Buckshnis said Seattle plans to charge $18.74 per pole. Mr. Taraday said Seattle has an electric utility that owns the poles. Councilmember Buckshnis asked whether the City could just blindly allow a Master Permit without any map to identify the location. She suggested Verizon could install a small cell pole and T -Mobile could install one across the street. Mr. Taraday said the coverage maps in paragraphs d and a is information the City does not need from a regulatory standpoint. Paragraph f, a map showing provider's proposed new macro and small cell wireless facilities over the next two years, could be useful information in sequencing other infrastructure. Councilmember Buckshnis preferred to keep paragraphs d -h but at least paragraph f so there was some sort of tracking. Edmonds City Council Approved Minutes March 26, 2019 Page 8 Councilmember Teitzel said he was uncomfortable with where this process is. He referred to the letter from Snohomish County PUD submitted late today and their concerns with the proposed regulations. For example, the number 1 location in the proposed hierarchy is hollow power poles. He read from Snohomish PUD's letter, "Snohomish PUD understands the City of Edmonds prefers the pursuit of hollow steel utility poles with all cell equipment concealed. Currently there are designs for collocated street light poles that conceal most of the equipment for cell phone apparatus. However at this time there is no available design for utility power poles with concealed small cell equipment." He was surprised the Planning Board reviewed this without PUD input and that the Council was unaware of this until tonight. Councilmember Teitzel said the third option in the location hierarchy is cantennas on top of existing wooden poles which PUD states in their letter they will not allow as that equipment cannot be installed above the lowest level of power lines on the pole. It would require PUD to come out with a bucket truck every time work needed to be done on the cantenna. He summarized two of the options were not viable and therefore did not support moving forward until all the players could be assembled to identify and work out all the issues. Public Works Director Phil Williams said staff had those conversations with PUD on the phone today; neither has all the answers, yet the City is required to adopt regulations. He agreed no one is currently selling hollow utility poles. A company whose business is building concealment wireless facilities has said they can build it. Conceptually there is nothing wrong with that option but it is not available at this time. A provider would currently be unable to meet the requirements for #I but because technology, equipment and performance is changing so fast, that option should be retained due to the likelihood it will be viable at some point. With the hierarchy, providers would need to prove the infeasibility of an option before moving to the next option. Mr. Taraday explained the reason for the ranked list of options was in recognition that there will be circumstances in which one or more of the options will not be available. As PUD noted, if an application were submitted today, there may not be a product to satisfy # 1. The problem is the City is being told by the FCC if the City does not have an ordinance adopted and in effect by April, the City loses the right to regulate indefinitely. If the City ever wants to regulate the aesthetics of small cell facilities, the Council must act by next week. As a result staff is forced to develop an ordinance that looks far forward into the future to envision what technologies might exist or become available and are reasonably feasible. The FCC has not said the City will be allowed to update the ordinance in five year; as far as anyone knows, what the Council adopts next week will be in effect indefinitely. He would like to think there will be another opportunity to refine the aesthetic regulations in the future, but that has not been clarified. The FCC has said what is not adopted by next week is preempted. He agreed it was problematic but it is important to move forward. In addition, although the PUD says they will not approve it now, that does not mean they will not approve it in five years as their policies change, as Department of Labor and Industries' policies change, etc.; however, the City may not have another opportunity to regulate. Development Program Manager Jeanie McConnell said installation of a hollow pole is the #1 priority, the application requirements state if the #2 priority is proposed, it is based on the grounds that no such replacement pole is available on the market or due to other reasonable insoluble problems expressed in writing by the pole owner. For installations on top of a wood power pole, the code also includes a provision if the pole owner does not allow that installation, the provider can move down on the hierarchy list. Councilmember Tibbott said it appears under the current conditions Options 1, 2 and 3 are not viable now. Mr. Taraday said #2 would be viable and it is believed #1 could become viable this year. The City needs to work with PUD and the concealment company to better understand each other's needs. Councilmember Tibbott referred to option #4, commenting nearly every pole on his street has a transformer on it and there's no space available. He asked if that would then leave option #5. Mr. Williams said the pole could be replaced with a taller wood pole, an additional five feet would add communication space and the equipment could be added in the comm space but not on top of the pole until technology and regulations allow that. Edmonds City Council Approved Minutes March 26, 2019 Page 9 Councilmember Tibbott said if a taller wood pole could be installed to accommodate #4, why not require a hollow pole. Mr. Williams said it was hoped this ordinance would accomplish that; if the pole was replaced, it would be replaced with a hollow pole with the conduit inside the pole. Councilmember Tibbott supported having providers adhere to that regulation, recalling when he and Councilmember Teitzel, looked at poles in Seattle, there was a new pole to accommodate telecommunications equipment next to an existing pole that housed the utility equipment. He did not want to see two poles in a space where there was previously one pole in Edmonds. Mr. Williams said that will be addressed in the next agenda item. Council President Fraley-Monillas said if PUD power poles are off limits at this point, that leaves options #2 and #5 in most cases. She referred to the preference to have equipment be less intrusive in BD zones and asked why that was not considered in other areas of Edmonds. Mr. Clugston answered in BD zones the primary location will be on buildings which can happen where buildings are close to the right-of-way where there are no or very small setbacks. Council President Fraley-Monillas observed there are currently wooden power poles in the BD zone. If small cell facilities can be less intrusive in the BD zone, she suggested the same in other areas. Mr. Williams said it is possible the current restrictions for locating cantennas on top of PUD poles may be overcome in five years which is the reason that option is being included although it does not currently appear to be plausible. The comm space is available in many circumstances on PUD poles to mount equipment. Council President Fraley-Monillas referred to the requirements in PUD's letter regarding wood poles, observing it does not appear location on a wood pole will be feasible in the near future. Mr. Williams said it could be if the pole does not have a transformer but if the pole was 45 -feet, there likely would not be room to mount equipment on pole. Replacing it with a 50 -foot pole would create additional space. A lot of poles do not have not have transformers where the comm space could be used. Council President Fraley- Monillas asked whether the wireless companies would pay for the increased height of the pole. Mr. Williams said the cost to modify the system to accommodate the technology would be borne by the company asking for it. Mayor Earling opened the public participation portion of the public hearing. Greggory Bush, Wireless Policy Group, representing AT&T, expressed support for the City's efforts to update its wireless code to conform with federal law and reflect the latest in wireless technology. AT&T also supports the decision to remove private property from the hierarchy preference for small cell facilities. However, the City's newly proposed hierarchy establishes a preference for hollow utility poles which raises additional significant concerns. Many design standards are not technically feasible for AT&T's equipment. The FCC recently adopted an Order addressing local jurisdictions' regulation of small cell wireless facility deployments. The aesthetic regulations apply to the extent that they are reasonable, technically feasible, objective, no more burdensome than applied to other types of infrastructure deployments, and are published in advance. These regulations must be feasible for all carriers. He summarized AT&T's primary concerns outlined in a letter dated March 25n,: 1. To justify a lower ranked location on the hierarchy, the code does not consider whether the higher ranked location is feasible for the wireless provider. Only the pole provider is considered in the reason for a lower ranked location 2. Inconsistent with the FCC Order because while the carrier's facilities are required to be concealed, Snohomish PUD's are not required to be concealed. Inconsistent with the no more burdensome requirement 3. Hierarchy establishes unreasonable expectations about pole availability on the market for the hollow utility pole. They do not currently exist and results in a preference for freestanding small wireless facilities which will lead to more new poles in the right-of-way and more clutter. 4. Additional cost for hollow utility poles may materially inhibit deployment by imposing excessive costs on pole design. Edmonds City Council Approved Minutes March 26, 2019 Page 10 The code contains provisions that are not consistent with AT&T's preferred deployment for canister antennas. Jason Zyskowski, Snohomish County PUD, said City staff worked with PUD in developing the ordinance. With regard to antennas on the pole and the height, location preference #1 and #3 have the antenna located in the electrical supply space above the power lines. This is not a feasible option for PUD. A power pole is divided into two areas, the comm space (lower) and the electrical supply space (upper). Any work done in the electrical supply space must be done by a qualified electrical worker for safety reasons and it is an L&I requirement. It is anticipated that thousands of small cell antennas will be installed across PUD's territory; PUD does not have the resources to support this infrastructure. PUD is a power company, responsible for supplying power to its customers, not a telecom company and does not have the resources to install and maintain a small cell network. Small cells need to be installed in the comm space so communication companies can install and maintain the equipment. Additionally, any small cell installed in the electrical supply space would further encumber the space PUD workers need to perform their work safely. With regard to options 41, PUD supports concealment but would like the antenna to be located in the comm space. Even if concealed, PUD workers would be required to do any modifications. PUD is required to make frequent visits to the current 120 macro sites installed in PUD's service territory for maintenance which takes time. With the scale of small cell, PUD does not have the ability to do that work. There is equipment on the hollow poles that PUD would need to have ready access to such as a disconnect switch for workers to shut off power to the antenna. Kari Marino, representing Verizon Wireless, referred to a letter submitted this afternoon from Kim Allen, Wireless Policy Group, representing Verizon Wireless, summarizing significant concerns about the drafted code being FCC compliant and that they would appreciate taking additional time to get it right. In the seven- step hierarchy, it is premature to mandate the hollow utility pole as it is not currently available. At this point Verizon's 5G millimeter wave spectrum antennas cannot be concealed or covered. They are working with technology to cover or paint, but they cannot be enclosed. She cited the need for shot clocks and rates to be FCC compliant and to allow for flexibility of small cell as defined by the FCC. They are committed to working with the City to develop an FCC compliant code that supports Edmonds' aesthetic requirements. Alan Bar, Network Engineering Group, representing Verizon, commented many peoples' livelihoods, education, etc. are dependent on mobile data usage. 5G offers exciting new innovations but the need now is 4G capacity. Verizon is struggling to meet the needs of the community. Mobile data usage has increased seven times since 2015, new app based economies depend on 4G technology, people are using more and more data, and machine data is also a large demand. Small cells in the public right-of-way on existing utility are needed to meet the demand. He summarized the need for quick review timelines to allow deployment, presumptively reasonable fees and reasonable design standards; concealment and collocation don't necessarily allow them to locate on utility structures in the right-of-way. Ken Lyons, representing AT&T, said the way people and businesses communicate has changed. Nearly two-thirds of Washington residents do not have home phone and rely on wireless networks. Society was effectively land lined for 100 years and have gone wireless in the last 15 years. The data demand on AT&T network has grown by 4070% since 2007 and the advent of Smartphones. Over 70% of 911 calls are over the wireless network. Although there are public policy implications, people depend on this technology and need access to the infrastructure that provides this backbone that the world depends on. Quality wireless services within the community have tremendous economic and public safety benefits. He acknowledged there are concerns about the FCC's order; his primary concern as a representative of AT&T was a code that works, that provides a reasonable way to deploy small cell facilities in a manner that integrates well with the infrastructure but allows them to meet the needs of their customers. The biggest challenge with the proposed standards is the way they will work. PUD has indicated hierarchy #1 and 43 are not feasible; he did not believe #1 would ever be feasible, especially for location in comm space. Significant barriers are Edmonds City Council Approved Minutes March 26, 2019 Page 11 being erected for deployments in way that is unrealistic and require them to effectively vary the requirements every time they want to deploy a facility. The FCC order does not prevent the City from updating its aesthetic regulations over time; they can be updated at any time as long as they are published in advance. The City has interim regulations; if it took an extra 3-4 weeks to adopt aesthetic regulations, that is allowed under the FCC order. Adriane Martinez, Edmonds, noted one of the comments in the newspaper was how Edmonds isn't providing funding for basic human services including public health. Public health could be a resource that could consider systems that cause public harm. She used to be a public health nurse but was laid off in 2009 due to funding and now works as a home health nurse. Although the technology is progressing, most seniors have land lines not cell phones. She commented on her cell phone usage report of 2:30 minutes/day and people's disconnect with living. She preferred the City fund public health and other human services and acquire more information regarding health effects. Susan Paine, Edmonds, a former Seattle City Light and Seattle Department of Transportation working exclusively in the right-of-way and permitting in the right-of-way, found the Council's discussion last week very thought provoking. Her condominium HOA on 5t" Avenue has a small cell facility that provides some revenue for the HOA. She anticipated having numerous such facilities would create visual clutter and poles that interfere with the right-of-way. Edmonds does not have space for double poles. A few years ago, Seattle City Light tested hollow fiberglass poles; there are restricted spaces due to public safety issues. She suggested the Council consider allowing privately property owners to install freestanding small cell in areas that can be concealed by taller trees and that the fee be similar to poles in the right-of-way. Other options include utility boxes. Cindy Sjoblom, Edmonds, after listening to comments about structures, location and camouflage, she recommended talking about the elephant in the room, cell towers emit radiation causing health effects. The closer the cell tower is, the more dangerous they are. Mobile towers are especially dangerous as they emit massive amounts of radiation. Cell phone tower microwaves have significant higher frequency than radio waves, the more powerful the wave, the more powerful the effect on biological organisms within one square kilometer. The data and research is there, the City cannot blindly move forward due to the FCC and a time crunch. Even though there are numerous people here representing cell companies, someone needs to advocate for citizens and their health and safety. There needs to be further research before putting residents at risk. She did not want one of the facilities in front of her house but acknowledged they emit energy for miles and can even alter birds' flight paths. She recommended the City be smart about its regulations before blindly allowing big corporations to do what they want. Brian Thompson, Edmonds, referred to 20.50.050.E regarding mandated safety signage, recalling cigarettes were hazardous before the surgeon general mandated a warning label on the package. Just because the FCC or FDA does not mandate safety signage does not mean what is in the package of a small cell site is safe. In 2014 a report by the Washington Department of Health (DOH) presented its finding of an evaluation of a comprehensive review of the literature on the health effects of radio frequency (RF) radiation. DOH was able to justify allowing Wi-Fi to remain in schools while recognizing articles that state the science is not settled and suggesting health risks of stronger RF radiation could exist. In 2016 the National Toxicology program released results of a $25M study on cell phones and cancer. The study focused on the risks of 2G and 3G cell phones and found evidence of a link to cancer. A peer reviewed study published last summer found an increased instance of tumors in the brain and heart in RF radiated exposed rats. Last month during a U.S. Senate hearing, while the FDA has publicly encouraged wireless companies to support 5G safety studies, industry representatives stated no such studies have been supported. Less than two weeks ago, a Newsweek article identified an elementary school in California where a cell tower is located on the campus and 4 of the 400 students were diagnosed with cancer in the last three years. He summarized there is no doubt that RF radiation poses health risk and no dispute that small cell sites emit radiation and no debate that safety of 5G is unquantified. Therefore, while the overall aesthetics may be Edmonds City Council Approved Minutes March 26, 2019 Page 12 consistent with current thinking, he requested safety signage in an approved, visible location to increase public awareness and to hold wireless companies accountable. Tony Warren, Edmonds, agreed with the last two speakers' comments about public health. He explained existing cell towers have been using a 2-8 GHz frequency band and the health risks are well known. The situation is entirely different in 20-60 GHz and the health impacts are not only unknown but are potentially more dangerous because the higher frequencies interfere with electrical systems in the body. For example, a study at 40GHz showed millimeter waves at that frequency could generate signals that were damaging to the eyes. He recommended a mandatory prohibition on high frequency bands until sufficient safety studies have been done to verify the safety and validate it with the newly emerging equipment. Lee Kimmelman, Edmonds, relayed his understand the City need to develop regulations for the placement of 5G and 4G antennas and whether the City wanted them or not, they were coming. As has been found time and again, necessity is the mother of invention. The cell providers have indicated the proposed solutions are not feasible or practical, however, if they are requirements, they will have to find a way to make them work. He asked who determines that the options are not practical or possible and suggested adding language in the ordinance regarding the due diligence required to prove the preferred option was not possible. With regard to the request for the FCC to do a study, he did not agree the FCC was biased but suggested requesting the FCC sponsor a third party independent study. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Mesaros referred to comments that the City was not locked into the timing, that the Council could adopt interim regulations and revise them in the future. Mr. Taraday read from the FCC Order, "Based on our review and evaluation of commenters' concerns, we anticipate that such publication [publication of aesthetic regulations] should take no longer than 180 days after publication of this decision in the federal register. He clarified out of an abundance of caution, he was advising the Council to adopt an ordinance next week because that would meet the FCC's timeframe and he would not have to worry that the regulations would be preempted for being adopted too late. If the Council decides to wait and not adopt an ordinance next week, he could not ensure that that ordinance would have any effect. Councilmember Mesaros clarified he was in favor of adopting the ordinance. His question was whether the Council could revise the regulations at a future date. Mr. Taraday said if the Council did that, the ordinance would need to have a savings clause that ensured if the new ordinance was invalidated because it was too late, the City could return to the timely ordinance. He could not ensure that an ordinance revising the regulations at a future date would be an effective ordinance. Councilmember Mesaros asked if any thought had been given to working with neighboring cities such as Woodway, Mountlake Terrace, Lynnwood, Bier, Mukilteo, Snohomish County, etc. and adopting regulations that all agreed upon. Mr. Clugston said there were no conversations with neighboring jurisdictions; the short timeframe did not allow that discussion. There have been discussions with the wireless industry, PUD and concealment providers. He assumed other jurisdictions were working in parallel or may be taking a more hands off approach. Councilmember Mesaros referred to the suggestion to include signage regarding potential health and safety issues and asked if that requirement could be included in the ordinance. Mr. Taraday did not believe that would be a preemptive regulation. If it turned out to be preemptive, the signs could just not be installed. Councilmember Mesaros asked him to research that and if the Council was agreeable, to include that in the draft ordinance the Council will consider next week. Councilmember Buckshnis observed it was Verizon's suggestion to remove the maps from the Master Permit Agreement Needed section. As a former regulator, she did not think big business should be allowed Edmonds City Council Approved Minutes March 26, 2019 Page 13 to put small cell anywhere without the City having mapping of where the cells will be. She objected to the removal of paragraphs 2d, e, f from 20.50.020C, Master Permit Agreement Needed. She objected to code amendments being suggested by big business. Mr. Taraday explained the wireless industry asked the City to do a lot of things that staff has not done. With each of those items, staff was trying to identify how the City would use the information to regulate carriers in way that is allowed. He was unable to immediately identify a need for coverage maps as a prerequisite to approving a master permit. He agreed paragraph f, a map showing a provider's proposed new macro and small cell wireless facilities over the next two years, could be useful information but he did not see a need for coverage maps. Mr. Williams recalled to providers, coverage is a proprietary issue. If there are gaps in their coverage, that is a likely place where they will install this technology. Councilmember Teitzel recalled testimony from AT&T that full concealment would not work for them because it shields their RF transmissions and T -Mobile stated something similar in their letter with regard to their side -mounted technology. In places in Edmonds where there are no poles such as Emerald Hills, he noted options 1, 3, 4 and 5 would not be viable. Where underground utilities exist, a freestanding small cell full concealment (#2) would also not be an option for carriers. At a minimum AT&T and T -Mobile would be out of the game which he did not believe was what the FCC intended. He was concerned with the City enacting an ordinance with unforeseen problems that Mr. Taraday has indicated cannot be changed. Mr. Taraday was certain the industry would welcome loosening the requirements in the future. He referred to the photograph on the "Further Changes Anticipated" slide of a pole in Las Vegas, that could be located in a neighborhood where there are no utility poles. Staff is planning to modify #1 to allow that type of installation in the comm space of a hollow utility pole. Councilmember Nelson said the wireless providers are planning for the roll out of technology that does not currently exist and the City also needs to plan. Mr. Taraday said this is all about meeting a federal deadline. If the City cares about aesthetic regulations, regulations need to be adopted today. The City may be able to adopt other types of regulations in the future but this deadline is related to aesthetic regulations. Councilmember Nelson referred to pending lawsuits regarding the FCC order that were originally in the 10th Circuit Court and now are in the 9" Circuit Federal Court of Appeals, commenting there was a possibility the order could be overturned. If the FCC standards were incorporated in local ordinances, he asked if the City would be bound by them if the FCC order was vacated. Mr. Taraday assumed if the FCC order was vacated, the Council could adopt another ordinance at that time. Councilmember Nelson said the Council could include language that the permit would be null and void if the FCC order was overturned. Mr. Taraday pointed out if the FCC order was overturned, subsequent applications would need to be processed according to some regulation. He wanted to ensure there were regulations in place so there was not a regulatory vacuum. Councilmember Tibbott said he was disturbed by, 1) the industry does not seem to be bothered by the fact that utility poles in the City are full and they want to add more equipment and conduit to those poles, and 2) the industry has not proposed any alternative to a cantenna on top of the pole in view of PUD's comments He agreed with the hierarchy and including a warning statement on poles. The photograph of the pole in Las Vegas appears to be an alternative. He suggested the ordinance state a preference for antennas to be concealed in a decorative way. Regarding Councilmember Nelson's comments about the pending lawsuits regarding the FCC order, Councilmember Mesaros asked if the remedy being sought was to stay the date the regulations must be adopted. Mr. Taraday explained the lawsuit sought a stay to the effective date which the 10' Circuit Court denied and transferred the case to the 9" Circuit so there will not be a stay of the effective date. The FCC order is in effect which gives the City until next week to adopt regulations. Councilmember Mesaros asked what prohibited the 9"' Circuit Court from issuing a stay. Mr. Taraday said that has already been adjudicated. Edmonds City Council Approved Minutes March 26, 2019 Page 14 Councilmember Buckshnis recalled the Petaluma, California, ordinance also included a safe distance from schools and asked if that could be included. Mr. Taraday said from the standpoint of an effective prohibition, there aren't that many schools in Edmonds so he could envision there would be plenty of places left to place an antenna. He could look into that if the Council was interested. Councilmember Nelson asked if the order could be unconstitutional after it was implemented. Mr. Taraday agreed the FCC order could be overturned. The cities that sued were trying to keep it from going into effect. It was the consensus of the Council to include language regarding safety signage and distance from schools. Mayor Earling declared a brief recess. 10. STUDY ITEM 1. DISCUSSION ON UPDATES PROPOSED FOR EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 18.05 —UTILITY WIRES Public Works Director Phil Williams explained Chapter 18.05 is an adjunct and logical extension of the discussion regarding wireless facilities. Although it is more about wires, it involves the same poles and the same aesthetics issues and cleaning up clutter in the right-of-way. He reviewed: • ECDC 18.05 — Utility Wires o Previous Code Updates ■ July 2011 - - Revisions/references related to new code section: ECDC Chapter 20.50 — Wireless Communication Facilities (WCF) ■ November 2008 - - Revisions related to WCF's (removed and / or amended by July 2011 updates) ■ January 2006 - - Revisions related to WCF's (removed and / or amended by July 2011 updates) • Code Update Goals o Incorporate aesthetic standards to minimize clutter in the right-of-way o Address removal of old poles and restoration o Clarify utility wire undergrounding requirements o Clarify and / or add definitions • ECDC 18.05 — Clutter in the Right -of -Way o Photographs • ECDC 18.05 — Conduit o Limit number of conduits o Require camouflaging — paint to match • ECDC 18.05 — Split Boxes, Over -lashing o Replace utility poles with hollow poles for full concealment o Restrict over -lashing of existing utility wires • ECDC 18.05 — Looped Wires and Fiber Storage o Replace utility poles with hollow poles for full concealment (wire storage) o Restrict size of loops or require wire storage o Establish requirements for excess wires — neat and clean • ECDC 18.05 — Pole Replacement o Replace utility poles with hollow poles for full concealment o Add penalties for failure to remove old poles o Move wires to PUD poles on one side of the street o ADA and Clear Zone Requirements o ROW Restoration Edmonds City Council Approved Minutes March 26, 2019 Page 15 o Photographs • Pole Replacement Back of Ramp ■ Restoration not complete • Old pole in sidewalks Mr. Williams said the small cell regulations need to be incorporated into this section of the code; the above are other issues that need to be addressed. Development Program Manager Jeanie McConnell referred to the photographs illustrating clutter in the right-of-way, staff is seeking direction from Council whether this is an important issue for the community and that staff should pursue code updates to address clutter in the right-of-way with regard to wired infrastructure and consistency with the aesthetic regulations related to small cell. City Attorney Jeff Taraday referred to suggestions made by the industry representatives during the public hearing on small cell wireless that the City would be discriminating against them by requiring things that other users of the right-of-way are not required to do. He did not comment on whether that was a valid opinion under the law, but it appeared to be a position the industry was taking so anything to close that gap would make the small cell regulations easier to defend if they were challenged. Councilmember Tibbott said one design flaw he did not see illustrated was wires from a pole to a house that are no longer in use and a technology that was no longer available. Mr. Williams said the hope is to include language to address that, recalling the comment that 63% of homes no longer have wired phone service and it would be nice if the old wires were removed when new technology becomes available. Councilmember Tibbott said because Edmonds has so many wood poles, it is convenient for utilities to add wires and conduit. That has basically reached the point of overload and a way needs to be found to deal with the overabundance of conduit and the poor craftsmanship of wires. He supported moving forward with developing language to clean that up. Mr. Williams recalled in the past the PUD pole had distribution wires and a small wire for phone service. The rapid rate of change in the past 15 years has result in a great deal of equipment on the poles. Councilmember Tibbott suggested another issue is sagging cable wires that obscure traffic signals. Councilmember Mesaros referred to poles on opposite sides of the street, one carrying electric and the other carrying communication, and wires crossing the street. He suggested regulations that require poles on one side of the right-of-way to control the amount of wire pollution. Mr. Williams commented that is a complicated issue. Council President Fraley-Monillas agree with proposal, especially tidying up wires, get rid of old poles, color matching, etc. to reduce visual pollution. Mr. Williams clarified he was not attacking the industry, acknowledging their primary was reliable service at a fair price. Councilmember Teitzel expressed support for the proposal. He asked the cost differential between a wood pole and a hollow pole. Mr. Williams said a hollow metal pole does not exists. Staff has been told they can be manufactured and there may be places where hollow metal poles are used for other purposes. Councilmember Teitzel observed any increased cost would be passed to the rate payer. He asked if replacement of utility poles with hollow poles with full concealment would be a widespread program or only as poles needed to be replaced. Mr. Williams said if there is limited space in the comm section, the pole may need to be replaced. That would be an opportunity to replace it with metal pole instead of wood. Councilmember Nelson thanked staff for bringing this to the Council's attention and expressed his support for reducing the clutter. Edmonds City Council Approved Minutes March 26, 2019 Page 16 11. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Teitzel reported ■ Port of Edmonds o Puget Sound Express • 20,000 passengers in 2018 who also visited restaurants and shops - At least that many expected in 2019 ■ New boat - Saratoga ■ Working with Port to relocate office space to a new building in the gravel parking lot o Financial highlights ■ Harbor Square business park revenue 6% higher than budget and 98% occupancy ■ Marina revenue 12% higher than budget ■ Net income 154% higher than budget ■ In -water moorage occupancy at 98% o Executive Director Bob McChesney working with Sound Transit Interagency Group on potential parking solutions. ■ Sound Transit allocated $40M split between Mukilteo and Edmonds to address parking in both cities ■ Potential for parking in gravel lot across from Arnie's - Currently 180 spaces - If structured parking built, Sound Transit will potentially lease half resulting in a loss of parking for Port o Freedom Boat Club - boat sharing ■ Four 24 -foot new boats • Accepting memberships ■ Target is 10 members/boat ■ Costs range from $200-$400/month depending on amount of access o Beautification SR-104/Dayton ■ New landscaping, sign, seating and path with pavers o Marina boardwalk beautification project ■ New railings, planters, plantings, dock gates • Puget Sound Regional Council Transit Oriented Development o Updating 2040 Plan (Vision 2050) • Forecast for 1.5M new residents in Puget Sound area by 2050 • Need 830,000 new housing units to accommodate that growth, ■ Assume 75% of the new housing (600,000) will be located near transit corridors • Historic Preservation Commission (HPC) o Currently 19 homes on Edmonds Historic Register o Goal is to add an additional 7 homes in 2019, 2 owners have expressed interest o Meeting attendance has been an issue; some meetings have not had a quorum o Lindsey Echelbarger approached HPC about interpretive signage near the old Edmonds High School portico in the corner of Salish Crossing to describe its importance 0 2020 HPC calendar theme is 1960s. Councilmember Nelson reported: • Edmonds Youth Commission o Discussing multiple issues o Had a skype call with Kirkland Youth Council about their youth summit o Interested in a youth event o Focus is protecting salmon and preventing gun violence o Interested in involving the School District in a way to talk about gun violence o Enthusiasm, commitment and attendance is exciting Edmonds City Council Approved Minutes March 26, 2019 Page 17 Council President Fraley-Monillas reported: • Diversity Commission o Recent meeting was attended by 15 citizens, many of who spoke to the commission o Last free movie in the diversity series is Saturday April 20 at 12 p.m. at the Edmonds Theater Snohomish County Transportation Coalition o Struggling to coordinate service with ST3 and Community Transit o New Community Transit bus line from Everett o Trying to provide transportation for areas east and north areas of Snohomish County to Sound Transit 3 projects Councilmember Buckshnis reported • Mayors Climate Protection Committee did not meet, continue to work on zero waste initiative • Tree Board o Planted 150 native plants along Shell Creek near Holy Rosary • WRIA 8 o Discussed legislative outreach and promoting salmon recovery o Presentation from Orca Task Force • Have lost 24 animals in 24 year, down to 75 whales • Not enough food, too much noise and disturbance from vessels and too much pollution and contaminants ■ Four bills in the House regarding orca • Attempting to increase buffer for whale watching from 200 feet to 400 feet ■ City of Sammamish fish creek passage stream restoration similar to daylighting Willow Creek, total cost $2.4M, received $1.2M in grants. ■ 17 days of Tahlequah program — Decline in food is affecting orca - 60% reduction in chinook salmon since 1984 — Orca lose 5.5 hours of foraging time due to boat noise Councilmember Mesaros reported: • SeaShore Transportation Forum o Presentation on GMA by PSRC. o Presentation by Port of Seattle on environmental program especially at airport ■ Airport known for being a leader in major airports about environmental concerns • Have more improvement they would like to like to do • Sno911 Board o Working on implementation of new emergency radio system approved by voters o Motorola selected as vendor o Merger of Sno911 with SERS going very well o Interim Executive Director Kurt Mills selected as the director o In February, Sno911 staff met the standard of answering calls within 10 seconds during the busiest hour of the month for the first time since merger of SNOPAC and SNOCOM Edmonds Public Facilities District o Received five applications for two vacancies on the board ■ Council will formally approve the candidates the PFD Board recommends o Held a joint meeting with the ECA Board on March 12 regarding unconscious bias and inclusion and accessibility o Center Stage is May 1 ■ Programming introduced and opportunity to sponsor shows Edmonds City Council Approved Minutes March 26, 2019 Page 18 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Tibbott reported the Economic Development Commission is working on a website with a URL available to people in the ferry line regarding things do in Edmonds. The EDC also discussed their work plan and plan to present it to the Council soon. The Affordable Housing Alliance did not meet. Mayor Earling reported Community Transit opened a transit line from the Boeing manufacturing center to Bothell where there are medical research companies and UW Bothell that is expected run every 10 minutes and be a high volume line. Community Transit's efforts over the next several years will focus on east to west to feed light rail stations. The next transit line will from Edmonds Community College to the Lynnwood Transit Center and beyond. Edmonds population will be served with increased frequency from downtown Edmonds to the Mountlake Terrace Park & Ride. 12. MAYOR'S COMMENTS Mayor Earling reported the Snohomish County Cities meeting included discussion with Snohomish County government, Economic Alliance, and businesses in Snohomish County about planning for growth. 13. COUNCIL COMMENTS Council President Fraley-Monillas reported the South County Cities meeting made it clear that each city will be responsible for addressing growth. She relayed Lynnwood's purchase of the Rodeo Inn has fallen though due to remodeling costs. Council President Fraley-Monillas invited Councilmembers to submit dates to Council Assistant Maureen Judge for a Council retreat in April and a budget retreat in May. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(I)[i] This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:06 p.m. f D lD O. EARLING, MAYOR S ASSEY, CITY Cl. Edmonds City Council Approved Minutes March 26, 2019 Page 19