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20190219 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 19, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember (by phone) Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Mike Richardson, Police Sergeant Phil Williams, Public Works Director Shane Hope, Development Services Director Pamela Randolph, WWTP Manager Brad Shipley, Associate Planner Tom Brubaker, City Attorney's Office 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. Councilmember Johnson participated by phone. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Council President Fraley-Monillas requested Item 2 be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 12, 2019 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 12, 2019 Council President Fraley-Monillas requested the following correction: • Page 5, 1St paragraph, 2nd line, change 90 units to 9 units. Edmonds City Council Approved Minutes February 19, 2019 Page 1 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE FEBRUARY 12, 2019 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. 6. PRESENTATION 1. MARSH STUDY UPDATE FROM WINDWARD ENVIRONMENTAL Councilmember Buckshnis introduced Jenny Love, Project Manager, Windward Environmental, explaining last year the City Council hired a consultant to conduct a habitat review, inventory, etc. at the Edmonds Marsh. Ms. Love reviewed: ■ Status of Study Tasks o Evaluation of Buffer Widths and Ecological Functions: A Review to Support the Edmonds Marsh Study (completed) o Initial Evaluation of Edmonds Marsh and Shellabarger Marsh Buffer Zones (completed) • 2019 Shoreline Master Program update (mostly complete) o Edmonds Marsh Baseline Monitoring Study (underway) o Willow Creek Daylighting project impacts (to be initiated) o Vegetation enhancement project impacts and opportunities (not yet initiated) o Long- term watershed management study planning/preparation (to be initiated) • Purpose of Baseline Monitoring Study o Document current conditions within the Marsh and its buffer areas. o Evaluate the ecological functions being provided by these habitats. o Help identify restoration opportunities, such as vegetation enhancements. o Coordinate with stakeholders and provide overview of data and information being collected by other groups • Baseline Monitoring Study — a year of data collection o Soil and sediment characteristics o Water quality and depths o Vegetation surveys o Invertebrate surveys o Wildlife surveys o Photographic surveys • Photographs illustrating: o Soil and sediment characteristics o Water quality with hand-held meters o Salinity and depth measurements with deployed data loggers o Vegetation surveys (in buffer zones and marsh interior) o Invertebrate surveys o Wildlife surveys o Photographic surveys — photo stations • Baseline Monitoring Study Community Involvement o Edmonds Marsh Madness • Intersection with the Edmonds Marsh Restoration/Willow Creek Daylighting Project • Conceptual Designs Provide the General Plan o Drawing from Marina Beach Park Master Plan, Walker I Macy 2015 • Later Engineering Designs Provide the Details Edmonds City Council Approved Minutes February 19, 2019 Page 2 o Figure 1.6 Willow Creek Daylighting Stream Beach from Marina Beach Park Master Plan, Walker I Macy 2015 Councilmember Mesaros asked about access to the Chevron property. Ms. Love answered Windward asked Chevron for access and Councilmember Nelson also sent a letter requesting access; neither received a response. Council Assistant Maureen Judge was able to speak to a Chevron consultant who said no access would be granted. Windward has not had access to the Chevron property and she was unsure if that would change in the future once ownership changes. Councilmember Mesaros asked the impact of not having information from that corner of the marsh. Ms. Love answered there is similar habitat at the hatchery in terms of the riparian forest but they do not know what is occurring on the upland portion of that property other than reports of bird use. They can make some inferences about the vegetation based on what can be seen from marsh. She acknowledged it is a hinderance not to know; it is easiest to understand when there is access. If the property transfer from Chevron to WSDOT is completed in June, Councilmember Teitzel asked if that would be enough time to add an assessment of that area by September. Ms. Love said if access was allowed in June, Windward would likely do a walkthrough assessment, taking notes and photographs, but there would not be enough time to do a lot of data collection. She anticipated a lot could be done by gaining access and viewing the site. Councilmember Buckshnis observed the tidegate is currently closed, noting Windward is keeping track of when the tidegate is open and closed because the parameters include hydrology and turgidity. Ms. Love explained the data loggers in the marsh collect data regarding salinity and water depth so it is important to know when the tidegate is open and closed. Public Works has been sharing that information with Windward. Councilmember Buckshnis commented the public can goggle Edmonds Marsh Madness where there are photographs from the study. She asked about next steps. Ms. Love said they will be downloading the data from the data loggers. There is one data logger downstream from the SR 104 culvert and they would like to place one on the upstream end of the culvert to see how water is flowing through the culvert and how water levels fluctuate. Their next big data collection effort will occur in April. 7. AUDIENCE COMMENTS Mayor Earling commented following an unfortunate incident last week during Audience Comments, he met with the City Attorney and Police Officers. He advised the three minute time limit for Audience Comments would be strictly enforced. Michelle Gregory, Edmonds, expressed her appreciation for what the City Council and the Mayor do for the City. Observing there has been a flood of emotions the last few weeks, she asked three questions, 1) what is the real role of the City Council and the Mayor, 2) what is the role of one of the appointed committees, and 3) are the Mayor and City Council willing to recognize an issue and if so, be proactive in creating a positive end result? She visited City Hall today to ask for the job description of a Councilmember and was told there wasn't one. She relayed from the Code of Ethics, to be dedicated to the highest ideals, honor and integrity in all public and personal relationships. To recognize the chief function of local government at all times and to serve. To emphasize friendly and courteous service to the public and to each other. To seek to improve the quality of public service and the confidence of citizens. To conduct business of the City in a manner which is not only fair in fact but also in appearance. She referred to the Edmonds Diversity Committee and their mission statement, and read a statement the Diversity Commission made last week: a couple weeks ago our community was negatively impacted by a business owner's choice to spread divisive and hurtful message. She said this baker has been in the community since 1993; she met with a former mayor last week who said the bakery has always been an amazing place that the City could call at the last minute to get a birthday cake for a City employee or donuts for a meeting. Many people Edmonds City Council Approved Minutes February 19, 2019 Page 3 consider the bakery a place to go for a donut or coffee. She concluded the baker was done a disservice by the Diversity Commission, noting he handed out 3,000 free cookies on Halloween. Tom Rosser, Edmonds, echoed Ms. Gregory's comments about the inequity of the Diversity Committee's comments. He commented on merchandise he found downtown saying Trump is an idiot or other unkind remarks regarding feminism. There are many not very nice things available based on one's beliefs but only one business was attacked based on their beliefs, beliefs that many share. The City asked him to lock up his guns to create a safer environment and to lock up his home to protect his household. The government has been asked to protect the countries' borders to control who enters. The City Council has a security guard to protect who enters the meeting. He appreciated the fun -loving baker, stating he was mistreated and done a disservice and he found it disappointing that the Council backed that decision.. Jim VanTighem, Edmonds, representing his friends and collaborators who participated in an informal study group of concerned citizens from throughout the City, 1) concurred with staff's recommendation on next steps regarding affordable housing and urged the Council to follow the next steps as outlined, 2) urged the Council to establish a citizen housing commission as described made up of members representing all seven geographic areas and using the proposed selection criteria, 3) support amending the Comprehensive Plan to include an objective on page 96 "development of housing options plan" versus a developing a strategy for increasing the supply of affordable housing, and 4) urged the Council to collaborate with the citizen housing commission and give the commission and staff ample time to develop a thoughtful, effective housing strategy. Completion of this commission's work culminating in development of housing policy recommendations for presentation to the Council by the end 2020 seems reasonable. Questions regarding the State GMA and how to collectively form policy within its confines and develop an overall vision for how the City should look and feel can be addressed via contributions from the proposed citizen housing commission. He thanked the Council, Mayor and Staff for listening to citizens and for developing recommended next steps so that collectively this important issue can be moved ahead in thoughtful, transparent and collaborative manner. Cynthia Cooper, Edmonds, expressed appreciation for the friendliness and charm of Edmonds. She has been attending public forums and City Council meetings regarding a housing strategy for the past eight months. She appreciated the public forums as an opportunity for elected officials in Edmonds to hear directly from the public on this topic, especially when meetings are not structured in a way that restricts open dialogue from residents interested and concerned about the topic. At this point in Edmonds' history, how to proceed on City development and future housing to address realistic growth rates, not exaggerate growth rates, is one of single most important issues facing the community today. The expectation in Edmonds has always been that the elected City officials will make decisions and policies that are in the best interest of the majority of taxpaying residents who are directly affected by those decisions and policies. With regard to a housing strategy and future development issues in Edmonds, they look forward to fully transparent interactions, process and communications that do not attempt to guide public perception toward a preconceived outcome or an already prepared strategy that isn't support by citizens. Citizens continue to make it clear that they expect residents from all neighborhoods without ties to special interest groups to be actively involved and have significant input in shaping a housing strategy and the future development of Edmonds. Mike Shaw, Edmonds, thanked Windward and Ms. Love for her presentation, commenting it was exciting to see data being collected and the effort to study the marsh and he looked forward to Windward's report. He noted it would be nice if Windward could get access to the Chevron property before their study is complete, noting several others are engaged in promoting access and hopefully Windward will have that opportunity. Edmonds City Council Approved Minutes February 19, 2019 Page 4 Roger Hertrich, Edmonds, relayed his concern with the impacts of the ferry dock on the City. He recalled Public Works Director Phil Williams stating recently that the ferry wants to make improvements to the ferry dock at its present location. In the past, there was interest in expanding the dock on the south side including overnight docking of a 70 -foot tall ferry. They need to find another location for the ferry dock; another issue is parking. WSDOT will have title to the Unocal property this summer, the location they identified in their long range plan to relocate the ferry dock. This location allows loading/unloading over the tracks with no delays and provides a lot of parking. Although he has heard a lot about the marsh, he has heard nothing about planning to protect the waterfront from becoming the ferry dock. When WSDOT says they do not plan to put the ferry on the Unocal site, he urged the City to instruct WSDOT that the City will not allow expansion on the waterfront and wants the ferry moved. With regard to the recent divisive issue in Edmonds, he noted a City -funded commission is saying things about what goes on in a bakery and denying their right of free speech. 8. PUBLIC HEARING 1. CRUMB RUBBER MORATORIUM EXTENSION PUBLIC HEARING Council President Fraley-Monillas explained the Council adopted an ordinance last week establishing an emergency moratorium due to potential scheduling issues due to the weather. This is an opportunity for a public hearing and for the Council to change ordinance if desired. Councilmember Teitzel commented the Council voted last week to extend the existing temporary ban on crumb rubber. He asked the purpose of the public hearing. Council President Fraley-Monillas said it is an opportunity for a public hearing and for the Council to amend the ordinance if desired. Mayor Earling opened the public participation portion of the public hearing. Hearing no public comment, Mayor Earling closed the public participation portion of the public hearing. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE ORDINANCE 4142. MOTION CARRIED UNANIMOUSLY. City Clerk Scott Passey advised the Council passed the ordinance last week. This was the mandatory public hearing to obtain public input on the ordinance. 9. STUDY ITEMS 1. WWTP PHASE 6 ENERGY CONSERVATION PROJECT -CARBON RECOVERY FULL DESIGN Public Works Director Phil Williams introduced Pamela Randolph, Manager WWTP, and invite Councilmembers and the public to tour the WWTP. Mr. Williams reviewed: • Presentation goals o Conduct a brief review of the Energy Savings Performance Contracting (ESPQ approach to project delivery and recent successes. o Discuss current incineration equipment, cost of operation and regulatory compliance issues o Discuss ESCO Phase 6 — including the Carbon Recovery process, Resolution 1389 impacts, and O&M expenses. ■ Diagram of process that includes P -Five Pyrolysis System o Belt dryer dries wastewater solids and feeds them into the P -Five Pyrolysis Unit which generates an off -gas with a combustible component that is burned to generate energy to run the belt dryer. The output is biochar which has many uses including soil conditioner, etc. Edmonds City Council Approved Minutes February 19, 2019 Page 5 Mr. Williams introduced Lon Inman and Bruce Poulin, Ameresco, explaining Ameresco is the ESCO that will have a contract with the State Department of Enterprise Systems (DES) for this project. Mr. Williams continued his review: • Energy Savings Performance Contracting (ESPC) o An ESPC is a contract between an energy services company (ESCO) and the Washington State Department of Enterprise Services (DES), under which the ESCO guarantees a not -to -exceed cost, system performance, and energy savings to the client (Edmonds). o Under this program: ■ Major project risks are shifted from client to the ESCO. ■ ESCO provides single -source of accountability and enhances customer control of equipment & sub -contractor selection. ■ DES manages contract and provides oversight ■ Reduces future energy costs and uses the savings to pay for infrastructure improvements implemented today. o Diagram of the relationship between DES, City of Edmonds and ESCO ■ ESCO contracts with engineering, mechanical, electrical and plumbing contractors • City Council oversight o August 2014 - staff laid out a long term plan in a presentation titled "Putting it all Together". ■ The long term plan included a staged approach outlining a pathway for this next project. o After the successful completion of the phase 3 and phase 4 energy projects we again approached City Council with the Phase 5 Project. ■ During the presentation staff outlined the necessity of upgrading solids handling equipment in preparation for the future project. o On April 10, 2018 the Parks and Public Works Committee reviewed the project and recommended it be placed on the April 17th City Council agenda for presentation, discussion, and action. o On April 17, 2018 the City Council approved the predesign effort. The work was completed on time and within budget during 2018. o City Council authorized funding for the design of the WWTP Phase 6 Energy Conservation Project - Carbon Recovery in the 2019 budget. Pathway to Sustainability o High efficiency blower project ■ Project saves $33,909/year and 345 tons CO2 equivalent to 36.5 homes' energy use for one year or 799 barrels of oil consumed o Aeration and Blower Project ■ Project saves $34,062/year and 264 tons CO2 equivalent to 27.9 homes' energy use for one year or 611 barrels of oil consumed o Dewatering Project ■ Project saves $133,211/year and 537 tons CO2 equivalent to 58.7 homes' energy use for one year or 1,243 barrels of oil consumed o Carbon recovery project ■ This phase will focus on the sewage sludge incinerator efficiency. We are evaluating options to reduce operational costs and the environmental footprint. Opportunities include clean gasification and drying the biosolids to create a high -nutrient soil amendment product Project drivers o Primary ■ Equipment has high O&M cost in terms of electrical usage, disposal costs, operations staffing, repair & maintenance and emission controls. Over $700,000/year ■ The equipment is currently operating significantly beyond it's useful life expectancy — in operation 30 years. Edmonds City Council Approved Minutes February 19, 2019 Page 6 ■ The equipment was installed at a time when the need to reduce energy and reuse of bi- products was the not a focus. o Secondary ■ Regulatory burden has significantly increased with the new Sludge Incinerator Regulations under 40CFR Part 60 Subpart O. ■ § 60.150 states compliance with new emissions standards must be met...When the cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the unit (not including the cost of land) updated to current costs. The term "changes" has not been adequately defined. Current estimates are that we are likely between 25% and 36% of the original cost of the equipment. ■ Diagram of Edmonds WWTP Process Flow ■ Graph of plant flow, energy and cost trends o Energy use and demand trending downward while costs are trending upward due to RDC charges and rate increases. • Benefits of two step solution belt drying and pyrolysis o Scalable, efficient, affordable to implement and low cost to operate o Produces environmentally —friendly end product (biochar) while generating its own operating power. This will move the City closer to achieving the goals established in Resolution 1389 o No acidic side stream or hazardous waste is produced o Redundancy — reducing the potential for offsite hauling of biosolids o The technology has been approved by EPA as a non -incineration process and meets the emission requirements for EPA and California regulations o Reduced emissions & fossil fuel use; reduced operating costs ■ Clean Energy Fund (CEF3) RD&D Grant Application o If approved and accepted, we will be in a position to significantly advance biochar markets in Washington State with the partnership formed between the City, Bioforcetech, Ameresco and Associate Professor Dr. Manuel Garcia -Perez of the Biological Systems Engineering Department at WSU 0 Phase 6 Energy — Carbon Recovery Full design project o Finalize the energy audit - $191,032 ■ Finalize the energy and operational cost savings, determines the guaranteed maximum project cost in detail, establishes baseline for monitoring o Full design: $1,935,320 ■ Final design package, building and regulatory permitting support required to provide guaranteed not to exceed pricing for the construction and implementation of the project o Total design cost: $2,126,352 ■ Next steps o Request City Council approve the following: ■ Authorize Mayor Earling to sign a funding agreement with DES for $2,126,352 for Phase 6 Energy Project — Carbon Recovery Councilmember Nelson relayed his understanding Edmonds would be the first city in the state to undertake this. Mr. Williams answered yes, there are very few WWTPs in the country that have a pyrolysis system as the only method of biosolid treatment; the only other in western United States is in Redwood City, California. Councilmember Buckshnis relayed her understanding that Ameresco provided this information to DES and they approved the contract. Mr. Williams agreed. Councilmember Buckshnis commented there was very detailed information for the $191,032 but not the $2M amount. Mr. Williams offered to send that information, noting it involves a number of other consultants including a primary design consultant, designing the control system, etc. Mr. Poulin commented 30% and 60% design engineering are included in Edmonds City Council Approved Minutes February 19, 2019 Page 7 the $1,935,320, the guaranteed design package and permitting package that becomes the City' property at the conclusion of the design effort. Councilmember Buckshnis relayed her understanding that once DES determines everything is correctly done, the $1.9M is paid to Ameresco. Mr. Williams answered it is paid as the design progresses. Formal approval of the contract is done by DES. Councilmember Tibbott recalled the presentation staff made to the Parks, Planning & Public Works Committee. He asked the ratio of the design cost to the cost to build and install the system. Mr. Williams said the $2M is less than what was included in the budget by approximately $300,000. The design cost compares favorably with other complicated infrastructure projects, 10-11% of the total contract and about 15.5% of the actual construction which is $12.9M. He noted there other cost associated with the project. Councilmember Tibbott recalled savings realized from the system would be amortized over the useful life of the equipment. Mr. Williams explained to be eligible for this program, it needs to be paid off with the energy savings within the lifespan of equipment, in this case 25 years. The energy and maintenance savings will pay for the system. Councilmember Tibbott asked how long the system will last. Mr. Poulin said similar to the incinerator, it is projected to last 30 years. Mr. Williams commented during those 30 years, operation and maintenance costs will be lower. Councilmember Tibbott asked if the equipment will handle the population base anticipated in 30 years. Mr. Williams answered yes, that analysis has been done. He explained this equipment needs to be replaced anyway; during the engineering report phase, three options were considered, 1) a new incinerator that can meet the new performance standards, 2) a gasification system, or 3) pyrolysis which has more environmental benefits and the lowest cost of the options. Councilmember Teitzel thanked Ms. Randolph for the great job she does at WWTP. A year ago he and Councilmember Tibbott toured facility; he found it very interesting and he was very impressed. He encouraged the public to tour the WWTP. Councilmember Johnson asked the estimated time left to meet the 50% required replacement. Ms. Randolph answered it depends. Currently, a very expensive piece of equipment, the schwing pump, is on its last leg and replacement will cost $350-400,000 depending on whether staff can install it. There is also a heat exchanger that is beyond its life expectancy. Most of the equipment is beyond its life expectancy and none of it is supported by the current manufacturers. Her estimate of 25-30% is based on the industry's best knowledge. She estimated being at 50% within 5-7 years and even at 50% a new incinerator is needed because the existing one will never meet the new standards. Councilmember Johnson asked when the new standards will be in place. Ms. Randolph answered they are already in place, they were implemented three years ago. The existing incinerator produces a higher level of emissions than newer incinerators. It was the consensus of the Council to schedule approval on next week's Consent Agenda. 2. POTENTIAL PROCESS CHANGE TO ENHANCE COUNCIL COMMITTEE MEETING TRANSPARENCY Councilmember Teitzel explained the intent was to improve transparency and ease of access to City Council committee meetings. The Council previously discussed potentially videotaping committee meetings and on January 2, 2019, the Council voted (3-2) not to videotape due to the expense and the fact that committee meetings were already digitally audio recorded. His initial thought was to post the digital audio recordings on the City's website similar to the video, but learned it was not quite that easy and three options were developed: Edmonds City Council Approved Minutes February 19, 2019 Page 8 1) Status quo and continue to digitally record committee meetings and make them available via a public records request 2) Option A 3) Options B City Clerk Scott Passey explained audio recordings of committee meetings can be uploaded, but it requires creating committees meetings separate from the Council meeting that precedes committee meetings. To create committee meetings as separate and distinct requires a meeting time according to the Open Public Meetings Act and the agenda management software. The current Council rules state Council committee meetings start immediately following the full City Council meeting. To create separate meetings and upload the audio separately the next day, two options were developed: • Option A: Direct the city attorney to draft an amendment to the code reflecting a committee start time. For example the full Council meeting starts at 7:00 p.m. and committees start at 7:15 p.m. • Option 2: Direct the city attorney to amend the code to eliminate the full Council meeting and committees begin at 7:00 p.m. or whatever time the Council selects. Councilmember Buckshnis recalled committees started at 6:00 p.m. in the past and there was no full Council meeting prior. She asked how many requests, other than hers, the Clerk has received. Mr. Passey answered only a few. Councilmember Buckshnis suggested starting committee meetings at 6:00 p.m. Council President Fraley-Monillas said one of her goals as council president was to streamline Council meetings including not having a full Council meeting on committee meeting nights. If there was an emergency, a special Council meeting could be schedule prior to committee meetings. Councilmember Mesaros preferred the option to publish a 7:00 p.m. start time for the full Council meeting and committee meetings at 7:15 p.m., recognizing there may be times when committee meetings do not start until 7:20 p.m. He asked if the Council would need to wait until 7:15 p.m. to start committee meetings if the full Council meeting adjourned early. Mr. Passey answered yes. Councilmember Tibbott asked if there was any public or Council preference for a committee meeting start time. Mr. Passey said he had not received any input regarding the start time. Councilmember Teitzel said he had not heard any complaints about the existing start time of 7:00 or 7:15 p.m. Councilmember Tibbott favored a 7:00 p.m. start for committee meetings and if a special Council meeting or executive session needed to be held, it could occur prior to 7:00 p.m. Council President Fraley-Monillas said her intent was not to have a full Council meeting on the second Tuesday unless a special meeting was needed. One of the reasons committee meetings were moved to 7:00 p.m. is because not all Councilmember are retired and come to meetings from work. She had no preference for a 6:00 or 7:00 p.m. start time. Councilmember Nelson said the Council voted not to video record committee meetings which he thought was a mistake. CSPAN was created 40 years ago to videotape congressional meetings and TVW was created 24 years ago to videotape the state legislature's meetings. He summarized audio recordings basically leave citizens blind to what Council is doing in committees and are not transparent enough. Councilmember Buckshnis disagreed and referred to Watergate. She said the city attorney has said that audio is just as transparent as video. Committees do not make decisions and based on the limited number of people who have asked for the audio, she did not see any reason to spend money to videotape committee meetings. Edmonds City Council Approved Minutes February 19, 2019 Page 9 Councilmember Teitzel said there is no cost to post audio recordings online. Videotaping committee meetings would cost $20,000 for the first year so there is a taxpayer consideration. He supported either Option A or B to make audio recordings of committee meetings conveniently available to the public and the media the next day in the interest of improving transparency and ease of access which is a positive step forward. If the Council had decided to videotape committee meetings, there would still be the issue of creating separate agendas. One downside of not having a quick Council meeting prior to committee meetings is not having an opportunity to approve Consent Agenda items. He was in favor of instructing the city attorney to amend the code to reflect no Council meeting prior to committee meetings and to start committee meetings at 7:00 p.m. Council President Fraley-Monillas commented for 15 years there was no Consent Agenda approval on the second Tuesday of the month and Councilmembers went straight to committee meetings. She acknowledged emergencies may arise requiring a special Council meeting. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO DRAFT A MEMO TO AMEND THE EDMONDS CITY CODE TO REFLECT NOT HAVING A COUNCIL MEETING PRIOR TO COMMITTEE MEETINGS ON THE SECOND TUESDAY OF EACH MONTH AND COMMITTEE MEETINGS START AT 7:00 P.M. MOTION CARRIED (6-1) COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE TO DIGITALLY AUDIO RECORD CITY COUNCIL COMMITTEE MEETINGS AND DIRECT THE CITY ATTORNEY TO AMEND THE EDMONDS CITY CODE TO REFLECT THAT DIGITAL AUDIO RECORDINGS OF COMMITTEE MEETINGS BE POSTED ONLINE AND THAT NO FULL COUNCIL MEETING BE HELD PRIOR TO COMMITTEE MEETINGS. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS JOHNSON AND NELSON VOTING NO. 3. AFFORDABLE HOUSING: NEXT STEPS Councilmember Teitzel said this issue has prompted a great deal of discussion and controversy. A number of Councilmembers have been involved and provided guidance. The intent is to reset the Council's direction regarding housing issues in Edmonds. This is a study item and suggested Council provide guidance regarding next steps. He read the first three paragraphs of the agenda memo: • Background/History: o In 2018 the City of Edmonds began the process of developing a Housing Strategy to fulfill a stated objective of the Housing Element of the city's Comprehensive Plan at P. 96, which states: "Implementation Action: Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs." A Housing Task Force was formed to work with Berk Consulting and city staff to develop a rough draft of the strategy document, and the draft was subsequently submitted for feedback from the public, the Planning Board, and Council. During public hearings, both formal and informal, it became clear in feedback from constituents that the citizens were concerned about recommendations put forth in the draft and the potential for public comment to be fully considered in the process. Efforts to redraft a housing options plan have been placed on hold while Council and staff refocus on the task definition and next steps for moving forward. • Staff Recommendation: o It is recommended that Council further discuss this issue and consider a series of motions to clearly identify the task and next steps to develop housing options recommendations to be Edmonds City Council Approved Minutes February 19, 2019 Page 10 brought to Council that will enhance Edmonds' supply of housing for residents of all income levels. Narrative: o In public comments at various open houses to review the draft housing strategy as well as in public comment before City Council, several common concerns were voiced. First, concern was expressed that the 2019 timeline called out in the Comprehensive Plan for development of an affordable housing strategy is too aggressive and that more time is required to consider all feedback and to develop a plan that preserves Edmonds' character and quality of life. Second, many commenters felt the task force should include Edmonds residents that applied for inclusion on the task force and not be limited to members selected by Edmonds city staff. Finally, many commenters expressed concern the task force members did not fully represent the various areas of Edmonds (e.g., too many were residents of the Edmonds Bowl). o In recognition of these concerns, Council should address the following key questions as study items and establish direction: 1) Should the Comprehensive Plan be amended to extend the due date for development of a housing strategy, and if so, what should be the target due date? 2) Should the Comprehensive Plan be amended to revise the stated objective at P. 96 to be "development of a housing options plan" rather than "develop a strategy for increasing the supply of affordable housing," since the housing element of the Comprehensive Plan already contains strategic direction? 3) Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council? Councilmember Teitzel suggested Council discussion and direction on the three key questions, beginning with the first question. Councilmember Buckshnis said an amendment to the Comprehensive Plan to either remove the objective or extend the due date for developing a housing strategy has been docketed. Council President Fraley-Monillas suggested first discussing whether a housing commission is needed. She said Councilmembers Teitzel and Tibbott determined a citizen housing commission was needed but the Council has not yet affirmed that. Mayor Earling pointed out that is question 3. Councilmember Tibbott relayed his understanding this has been docketed which provides notice that it will be considered via the Comprehensive Plan amendment process which typically occurs in November. He was seeking direction from the Council, noting it may not be necessary for the Council to make a statement now about the Comprehensive Plan amendment as that could be done in November. Development Services Director Shane Hope said the Council cannot make a decision now about a target due date, but could state its intent. Councilmember Tibbott said in his opinion more time than 2019 will be required to revise the Comprehensive Plan and he supported pushing the due date into 2020. He commented the word "strategy" is somewhat redundant because it is already in the Comprehensive Plan; he preferred "housing options plan." In response to Council President Fraley-Monillas' comment, Councilmember Tibbott said there was no attempt on his part to presume the Council wanted to form a commission; the agenda memo was simply articulating what that step could look like in preparation for a robust Council discussion. After some sense of direction, it would be appropriate to return with a resolution to capture the Council's wishes regarding the commission. If Council does not choose to form a commission, they will return to drawing board regarding how to have greater public engagement along with transparency. Edmonds City Council Approved Minutes February 19, 2019 Page 11 Council President Fraley-Monillas referred to question 3 and developing affordable housing options recommendations to bring before Council, and stated her preference to consider all levels of housing including veterans, disabled and senior housing. She recognize that the agenda memo could not list all types of housing but those were major housing types that were missing. Council President Fraley-Monillas commented the City has not had a housing strategy in the Comprehensive Plan in the past and necessary changes have been made via zoning. She asked how greater public engagement and participation could be obtained without a housing strategy. Ms. Hope answered there are at least two aspects of housing as it relates to the city, 1) zoning and development regulations, and 2) potential programs and partnerships with non-profit agencies which are not development code related. Any revisions to development regulations are subject to a public process including open houses, Planning Board meetings and public hearings, etc. Councilmember Buckshnis was supportive of forming a housing commission. She recalled in November the Council discussed the number of members, etc. She inquired about Ms. Hope's task force and if she had time for a housing commission. Ms. Hope explained the task force appointed by Mayor Earling completed its work several months ago. She formed a temporary citizens committee that has completed its work. Councilmember Buckshnis recalled the November memo states the Comprehensive Plan includes a strategy promoting affordable housing. She supported forming a housing commission and looking at this methodically. She referred to ARCH, a Seattle -based organization that works on affordable housing, and affordable housing units that are being sold or rented to people who do not qualify for affordable housing. Ms. Hope said she would be glad to work with the Council and any commission the Council forms. The reason this question was raised was to get Council concurrence because a formal decision had not been made. With regard to question 1, Councilmember Nelson recommended amending the Comprehensive Plan to remove the due date for development of a housing strategy. With regarding to question 2, he said the Comprehensive Plan already contains language regarding a housing strategy. Councilmember Teitzel asked if it was possible to amend the Comprehensive Plan prior to end of year. Ms. Hope said the Comprehensive Plan can only be amended once year with limited exceptions. It was last amended in late 2018 and would typically be amended in late 2019. An amendment could be done slightly earlier in the year but that could result in insufficient time to consider other amendments. Councilmember Teitzel disagreed with Councilmember Nelson, commenting the Comprehensive Plan and housing element provide general strategic direction and if a housing commission is formed, that should be the general framework to guide their efforts. He proposed, at a minimum, that the Council pass a resolution or give clear direction regarding Comprehensive Plan amendments so that that thinking can be incorporated into the development of the commission. Ms. Hope said the Council can adopt a resolution but there is no final decision until the Council adopts the Comprehensive Plan. Councilmember Tibbott suggested the Council could leave questions 1 and 2 until the end of the year and consider that issue with other Comprehensive Plan amendments. Councilmember Nelson's proposal may be entirely adequate or the Council may choose to offer more clarification. Direction is needed from the Council regarding the formation of a housing commission. He cited two important reasons to form a commission, 1) to involve citizens from throughout the city relative to their zone to gather input for future development of housing, and 2) that input needs to be transparent and a commission offers that opportunity. He and Councilmember Teitzel discussed the timeline for forming a commission and envisioned it could take as long as six weeks to solicit applications and make appointments. During the first couple months the commission would learn about the code, housing options, how the planning process works and then get into Edmonds City Council Approved Minutes February 19, 2019 Page 12 specific policy considerations to give guidance to the City Council regarding housing types and priorities. Councilmember Tibbott concluded he saw the commission as a valuable tool. At Councilmember Tibbott's request, Councilmember Teitzel read the proposed mission statement for the housing commission: develop housing policy options for Council consideration designed to expand the range of housing available to Edmonds residents of varying income levels; options that are irrespective of age, gender, race, religious affiliation or sexual orientation. Councilmember Tibbott said the housing commission would have a very specific focus, to develop housing policy options. Once those options are articulated, they would be brought to Council in the form of a recommendation. He concluded that would be very helpful, important work, and having a broad range of citizens involved would serve the City well for 1-2 decades. (Councilmember Johnson discontinued her participation by phone at 8:54 p.m.) Councilmember Mesaros expressed support for establishing a date in the Comprehensive Plan; possibly the housing commission could recommend a date when they believe the work will be accomplished but not shortcut the process. He also supported developing housing options and was in favor of forming a housing commission, anticipating it would be a good way to get citizen input. Councilmember Nelson commended Councilmembers Tibbott and Teitzel and Ms. Hope for their proposal regarding the formation of a citizen housing commission. He agreed with the proposal to form a housing commission, commenting he liked the proposed map with seven geographic areas. Based on what has happened in the past he wanted assurance this Council commission would be different and suggested doubling or tripling the number of members to ensure there was enough input and representation. Council President Fraley-Monillas asked whether the Council should determine the policy framework first to provide a field for the commission to work in, recalling a concern regarding the last two groups was that the public did not have enough input. She agreed with Councilmember Nelson's suggestion to involve more people from each of the seven areas as well as to hold open houses in those areas. Unless open houses are held, only the members of the commission are making decisions. She preferred the majority of work be completed in 2019. Councilmember Buckshnis referred to questions 1 and 2, explaining both options were docketed last year via Council resolution, 1) the existing language regarding developing a 2019 strategy is deleted in its entirety and, 2) develop a strategy by a certain date. She agreed with forming a housing commission but disagreed the work could be completed in 2019 as it will take time to form the commission, inform them, etc. She agreed with Councilmember Nelson that there should be at least two people from each geographic area although she recognized it was difficult to work with a large commission. Councilmember Nelson observed there is consensus on the Council to form a housing commission. Councilmember Tibbott said if the Council agrees a commission should be formed, the question is how to form it. The current proposal was intended to be a starting point and he was agreeable to considering two appointees per Councilmember. Another option is to have other facilitated meetings in addition to commission meetings. For example, open houses and other facilitated events that would hopefully involve input from hundreds of people, online opportunities as well as other ways to participate. He suggested Council give direction to staff to write an RFQ for a facilitator for commission meetings and other events to maximize the input and to envision housing in Edmonds in the future. He agreed it may be difficult to complete the first phase, housing options, in 2019 but it can be done. He agreed with Councilmember Mesaros' suggestion to allow the commission to determine the date. Edmonds City Council Approved Minutes February 19, 2019 Page 13 Councilmember Teitzel offered to draft an ordinance for further Council discussion that reflects the proposed elements for the commission (on page 147 of the packet) and expanding the number of members to two citizens for each zone. He noted it will take time to publicize the commission openings, review applications, make appointments, etc. Council President Fraley-Monillas asked whether staff had the capacity to facilitate this process. Ms. Hope said her department has some capacity but it is not unlimited. It would be useful to have a consultant to do public engagement and facilitate meetings; staff can provide information, background, what other cities are doing, state requirements, etc. and work with the consultant. Council President Fraley-Monillas asked the cost for a consultant. Ms. Hope said it would depend on how many meetings; $35,000+ but it could be less if there were only 10 meetings. Staff could provide estimate once more information is available. Council President Fraley-Monillas referred to question 3 and suggested it be reworded to, "Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council?" She wanted to ensure the housing commission considered other housing options to include senior, disabled and veteran housing. Councilmember Buckshnis advised funding for a consultant was available via the $93,000 that was moved into the Council's 2019 contingency budget. She suggested the Council discuss whether members should serve on only one City board/commission, voicing her preference that members not be on other boards/commissions. Councilmember Tibbott said Councilmember Buckshnis' suggestion was one of the bullet points regarding the commission. There appears to be agreement among Councilmembers that the zones are a good idea, but he suggested the Council provide input on the housing commission selection criteria. Councilmember Nelson referred to the candidate attributes: number of years living in Edmonds, knowledge of housing issues in Puget Sound region, demonstrated ability to collaborate with others, experience on other boards/commission/committees, rent or own home, occupational status/background, why are you seeking this appointment, and references, relaying that was asking a lot of members that is not asked of other boards/commissions. He suggested broadening the attributes as they are too specific and limiting. Councilmember Mesaros suggested each Councilmember send an email to Councilmembers Tibbott and Teitzel articulating the candidate attributes they like/do not like and Councilmembers Tibbott and Teitzel can return with a recommendation for Council discussion. Council President Fraley-Monillas commented there may also be additional attributes. She agreed this was asking for a lot of information, more than was asked of Council candidates. Councilmember Tibbott suggested Councilmembers also email their thoughts about what should be included in an RFQ for a public engagement/facilitator consultant. Councilmember Teitzel advised of the intent to notify all citizens of the formation of this commission, likely a postcard mailer to all Edmonds residents. 10. MAYOR'S COMMENTS Mayor Earling announced the Economic Alliance of Snohomish County is sponsoring an economic forecast session tomorrow at 7:30 a.m. at the Lynnwood Conference Center. He has attended last 3-4 years and found it very valuable. Edmonds City Council Approved Minutes February 19, 2019 Page 14 Mayor Earling relayed staff and he are interested in a retreat sooner in the year and hopefully a format that includes Council, directors and other appropriate staff/consultants. 11. COUNCIL COMMENTS Council President Fraley-Monillas said she and Councilmember Buckshnis have been contemplating a retreat. She asked whether Mayor Earling was interested in a budget retreat. Mayor Earling said his main goal is for Council and staff to begin the process. A budget retreat would be good start but a full retreat as has been done previously to talk about issues important to the City. Council President Fraley-Monillas said it was too early to have a budget retreat, but she was considering a retreat regarding lively issues and staff will be invited to attend. As Ms. Judge is working on some extreme projects during the next week, Council President Fraley-Monillas asked Councilmembers to refrain from asking for Ms. Judge for assistance and to refer any urgent requests to her (Council President Fraley-Monillas). Councilmember Tibbott expressed appreciation to the Council for working collaboratively on the housing issue. This proposal could not have happened without the efforts of each Councilmember. He relayed presentation of the proposal to Council was delayed due to Council President Fraley-Monillas' insistence that they get their ducks in row and bring a complete proposal to Council. He assured the citizens that the Council is working together on this and he looked forward to further discussion on the refinements they will present to the Council. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 9:19 p.m. DD 0. EARLING, MAYOR 5C0 PA SEY, C C K AV Edmonds City Council Approved Minutes February 19, 2019 Page 15