Edmonds Mayor Dave Earling said he will veto the critical areas ordinance passed the city council Tuesday night, setting the stage for yet more discussion about the state-required regulation governing the city’s wetlands, streams and geologically hazardous and frequently flooded areas.

“It’s all about the process,” said Edmonds City Councilmember Adrienne Fraley-Monillas, referring to Earling’s decision — clearly not appreciated by some on the council — to propose his own ordinance, which eliminated five of the eight amendments that had been approved by the council last month.

The mayor’s ordinance wasn’t even put up for a vote, but Councilmember Tom Mesaros did propose a review of the individual amendments that had been passed by council Dec. 15 — and that proposal was defeated 4-3. Fraley-Monillas joined three other councilmembers — Diane Buckshnis, Kristiana Johnson and Mike Nelson — in voting against the Mesaros-proposed review, and then that same group voted 4-3 to pass the ordinance that had been amended by the council Dec. 15.

Mesaros said he was proposing that the council revisit the amendments because Earling in late December had already threatened to veto the measure if the council approved it. His effort was supported by the council’s newest members — Dave Teitzel and Neil Tibbott — who both said they couldn’t support the critical areas ordinance as amended.

However, Fraley-Monillas said she doesn’t believe that council is opposed to many of the ideas that Earling proposed in his own ordinance. “We aren’t that far apart,” she said, adding she predicts a speedy resolution to their differences.

It would take a super majority of five councilmembers to override the mayor’s veto.

The ordinance – which has been discussed numerous times at previous city council meetings during the past few years and also underwent Edmonds Planning Board review – is already six months past the state’s deadline for approval, according to City Attorney Jeff Taraday. The State Growth Management Act requires jurisdictions to review, evaluate and, if necessary, revise their critical areas ordinances every 10 years. The last time Edmonds’ was updated was in 2005.

In a memo to council Dec. 30, Earling noted he was on vacation Dec. 15 when the eight amendments were passed but received a briefing on them from city staff when he returned. “I cannot accept the dramatic changes provided by the amendments, which in my opinion neuters the work staff and the Planning Board intended and agreed to,” Earling said, adding he would veto them if the amendments passed as drafted.

In his memo, the mayor said he has concerns about five of the ordinances. They are:

• A new requirement that the City’s Development Services Director make all decisions related to critical areas, which last year involved a total of 428 separate decisions. For example, in 2015, staff issued 120 critical areas determinations related to whether critical areas are located on or adjacent to a subject property, and which involve a review of GIS information and a site visit to every property.  Additionally, there were 298 building permits that involved some ground disturbance activity that requires a critical areas review, plus 10 subdivisions that also required critical areas review.
• Deletion of a provision that would allow restoration projects to have reduced buffers by 50 percent – which effectively would require redesign of the draft Marina Beach Master Plan. The deleted provision was modeled after a Shoreline Management Act provision, and was offered to encourage critical area restoration projects.
• Removal of a provision that would have allowed development in “physically separated/functionally isolated” areas that are separated from a critical area in some manner – such as by a roadway.
• Changing the required diameter of deciduous (leaf-bearing) replacement trees from 1 inch to 1 ½ to 2 inches, with staff noting that larger trees “are not necessarily better” due to smaller root balls that are more difficult to become established.
• Deleting an update of two provisions related to development within city’s coastal flood hazard zone. One of the provisions was aimed at protecting waterfront buildings from future projected changes in sea level rise due to climate change, and required structures to be built two feet above base flood elevation.  The second recommendation was to have height of structures measured from two feet above base flood elevation, but does not change the allowed zoning height.  For instance, in the Commercial Waterfront (CW) zone, the allowed zoning height is 30 feet.  The change to the height definition would have allowed the starting point for measuring the zoning height to be 2 feet above base flood elevation as opposed to the average existing grade, which is the current requirement.

This last amendment worries the Edmonds Port Commission and also the Edmonds Senior Center, which fears the plan could negatively impact plans for a new senior center building now being designed for the waterfront.

However, one group — the Alliance for Citizens of Edmonds (ACE) — appeared before the city council Tuesday night to reiterate its support for keeping the current height limit on properties located within the coastal flood hazard zone. In addition, ACE representative John Reed told the council that the proposed measurement point of 2 feet above base flood elevation “may be too low based on observing the combined effects of high tide and wind seen during King Tides.” You can see Reed’s comments, which were also included in a letter to the editor, here.

In addition, the council during its Tuesday meeting:

– Unanimously approved the 2016 work plan for the Edmonds Diversity Commission, which has held three meetings since it was formed in October 2015. Vice Chair Ed Dorame told the council that the group plans to sponsor a minimum of four “learning opportunities” each year on diversity topics, which could include community forums or small group meetings; develop a community survey; and work with existing organizations to develop partnerships and enhance relationships. “I think it’s good for the community and I think we’ll do good things,” Dorame said. You can view the entire work plan here

– Heard a proposal for the mayor to establish a new Economic Development Commission. The commission would have nine members, compared to the 17 that comprised the former commission that the city council allowed to sunset at the end of 2016. The mayor would appoint two members and each city councilmember would also have an appointee. Earling told the council he is hopeful that action will be taken at next week’s meeting so the commission can be appointed and active by the end of February.

– Referred to next week’s consent agenda the following: a Commute Trip Reduction Agreement for city employees, a Supplemental Agreement with David Evans and Associates for the 76th Ave at 212th St. Intersection Improvement Project, a secondary clarifier No. 3 structural repair project for the wastewater treatment plant, approval of hourly equipment rental rates for external agencies and the Transportation Benefit District, an amendment for Conservation Futures funds for the purchase of Civic Field, a park concession agreement with Dog Day Afternoon for an ATM at Richard F. Anway Park, the contract award for the Edmonds Fishing Pier rehabilitation project contract award; and a resolution designating agent and alternate agent to apply for Disaster Assistance Funds.