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Ordinance 4222ORDINANCE NO.4222 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.40 OF THE EDMONDS CITY CODE RELATED TO THE CITY'S PLANNING BOARD. WHEREAS, the City's planning board was created with the 1980 adoption of Ordinance 2170, which took effect on January 1, 1981; and WHEREAS, the original planning board appointments are reflected in the city council meeting minutes of December 16, 1980; and WHEREAS, the initial planning board terms were staggered such that two positions would expire each year; and WHEREAS, it has come to the city's attention that, over time, the planning board terms have through error or misunderstanding deviated from the design intended by Ordinance 2170, where two seats would become vacant each year; and WHEREAS, of the eight planning board positions (seven numbered positions, plus one alternate), only positions 5, 6, and 7 have expiration dates that would be consistent with the original appointments; and WHEREAS, the city council would like to move toward returning to the originally intended staggered expiration of two terms per year; and WHEREAS, there may be more than one way to accomplish that objective; and WHEREAS, immediately conforming all positions to expiration dates that would be consistent with the December 16, 1980 original appointments would create five-year terms for positions 2, 3, and 4; and WHEREAS, the city council is accepting of a one-time extension of the terms of positions 2, 3, and 4 to facilitate the return to staggered terms; and WHEREAS, the city council would like to return to staggered terms in a manner that will shorten terms of as few current board members as possible; and 1 WHEREAS, this ordinance is believed to be the best way to accomplish all of these objectives; and WHEREAS, adjustment of one current planning board term (Position 1) is necessary to return to the originally intended two per year expiration; and WHEREAS, positions 2, 3, and 4 require special treatment to return to the original staggered schedule by creating five-year terms for those positions; and WHEREAS, at the time of this ordinance, position 5 is vacant, pending appointment and confirmation, due to expiration of the term at the end of 2020; and WHEREAS, the planning board code has not been updated since 2009 and needs other updating; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 10.40 of the Edmonds City Code, entitled "Planning Board," is hereby amended to read as set forth in Attachment A, which is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in sWEe thmagk). Section 2. Severabil�. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAyk MIKE NELSON 2 ATTEST/AUTHENTICATED: crf�Y-eLERK, SCOTT P SSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: April 23, 2021 PASSED BY THE CITY COUNCIL: April 27, 2021 PUBLISHED: April 30, 2021 EFFECTIVE DATE: May 5, 2021 ORDINANCE NO. 4222 3 SUMMARY OF ORDINANCE NO. 4222 of the City of Edmonds, Washington On the 271h day of April, 2021, the City Council of the City of Edmonds, passed Ordinance No. 4222. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.40 OF THE EDMONDS CITY CODE RELATED TO THE CITY'S PLANNING BOARD. The full text of this Ordinance will be mailed upon request. DATED this 27th day of April, 2021. 4 'InICLE-RK, SCOT PASSEY Attachment A 10.40.010 Purpose. The purpose of this chapter is to provide for the creation of a planning board pursuant to Chapter 35A.63 RCW, and provide for its membership, organization, operation, and expenses. The planning board shall generally serve in an advisory capacity to the city in regional and local planning and specifically assist in the development of the comprehensive plan and ZeRiRg ^redevelopment regulations and their successive review and amendment from time to time. The board shall have the additional duties specifically set forth in this chapter and such ad hoc duties as the city council may from time to time assign to it. [Ord. 2342, 1983; Ord. 2170 § 2, 1980]. 10.40.020 Planning board. A. Appointment. There is created the planning board, consisting of seven members. Each member shall be appointed by the mayor, subject to confirmation by the city council. 1. Members of the board must be residents of the city of Edmonds. 2. Although the city of Edmonds is not divided into political or geographical wards, it is the intent of this section that said board membership shall maintain a reasonable balance of geographical distribution throughout the city of Edmonds. 3. It is the intent of this section to maintain a diversified representation of occupations and experience on the planning board. To this end each appointee shall be considered for board membership according to his/her field of experience, among other factors. 4. An alternative member shall be appointed to serve in the event any regular member is absent or disqualified for any reason. In the event a regular member is absent or disqualified for any reason, the alternate shall have all the powers of a regular member, including the right to vote on board decisions. The alternate shall be subject to the same attendance requirements as regular board members. In the event that a regular position on the board shall be declared vacant, the alternate shall be deemed to fill such vacancy for the remainder of the unexpired term. B. Term. In order to provide for continuity of membership, members shall be assigned a position number. Except as provided below, two positions shall expire each year. The initial term of each position shall expire as set Perth h l w with subsegU Rt t FFRS being fGFbe four years eaeh @Rd uptil the successer is appei,Tted- Ee„ iF +ed, PROVIDED THAT, the current term for each position shall expire, and a new term shall begin, at the end of the years shown, respectively, below, AND FURTHER PROVIDED THAT the current term for Position 1 will be a short term ending at the end of 2022, to be followed by a four vear term: Position One - 9822022 Position Five - 19842024 Position Two - 3R22022 Position Six - i R42024 Position Three - 3 RR2023 Position Seven - 19RF42021 Position Four - 3 RR2023 Alternate 1QR52021 1. The board shall advise on all amendments to the comprehensive plan GOntained ;") ECDC Title 15 (,,),, ept fees`. This includes reviewing all elements of the plan on a periodic basis and reporting to the mayor and city council on the need for changes in the plan. It also includes holding public hearings and making recommendations to the mayor and city council on Attachment A proposed changes to the plan, to the text of the zeRiRgclevelopment regulations, and also to the zoning map in the case of rezones, as provided in ECDC Title 20. Review of and recommendations for the plan may be prepared as a whole or in successive parts. 2. The board shall advise the mayor and city council on all parking matters that involve an amendment or other modification to any city ordinance or code section within the jurisdiction of the board. 3. The board shall serve as an ongoing park board and advise the mayor and city council on all matters relating to the acquisition and development of all city parks and recreation facilities. 4. The board shall do research and investigation on specific projects assigned to it by the mayor and city council. The board will analyze data collected, arrange for public participation, and organize its findings. The board will then present its findings to the mayor and city council detailing a summary of pertinent data, public contribution, alternatives available, and may, if appropriate, recommend a course of action, giving reasons for such recommendation. 5. The board shall have such other powers and duties as contained in Chapter 35A.63 RCW, as may be amended from time to time, that are not otherwise specifically delegated to the hearing examiner or other specific staff or agency of the city. D. Operation. 1. The city planning division shall provide regular staff services to the planning board. Other city departments shall provide staff services as requested by the planning board. 2. The city council shall establish an annual budget for planning board operations for services in addition to regular staff services. Should the planning board and planning staff determine that a particular project requires services in addition to those normally provided by the city staff, then an estimate of needs detailing the type of assistance and funding required shall be presented to the city council for approval before that project is undertaken. 3. Four members of the board shall be the minimum number necessary to constitute a quorum for the transaction of business; provided, that the vote of not less than three members shall be necessary to take action on any particular item before it. 4. The board shall hold regular meetings on the second and/ fourth Wednesdays of each month at 7:00 p.m. at the Edmonds city council chambers. Cancellation of a regular meeting, or a different location for a regular meeting, shall be announced at the last regular meeting preceding the affected meeting, if possible, otherwise the change will be advertised in the regular manner. 5. The city council shall meet periodically with the planning board at a city council meeting in order to review and update planning board agendas. The intent of this section is to stimulate continuing communication between mayor, city council and the planning board in an effort to identify and solve the problems facing the city of Edmonds. Nothing herein shall be construed to limit the manner in which items are placed on a planning board agenda nor the topics that may be considered by the planning board. 6. The board shall adopt rules of procedure and rules governing election and duties of officers of the board; provided, however, said rules shall pertain only to the internal procedures of the members and said rules and procedures may be questioned only by members of the board and do not give standing to question said procedures to nonmembers or other parties. [Ord. 3421 § 1, 2002; Ord. 3094 § 1, 1996; Ord. 2659, 1988; Ord. 2656 § 4, 1988; Ord. 2433, 1984; Ord. 2342, 1983; Ord. 2196 § 1, 1981; Ord. 2170 § 3, 19801. Attachment A 10.40.030 Ee9rd-inated Fep^..+ _ r:+cioRS ^ ^mir; development r:em ,.ss.^., }[reserved] Such strategies shall be deSigRed to- mmeFcoal viability, tE)urisRq deve!E)pRqeRt and FegaFd*Rg itS jE)iRt reeE)RqRqeRdatiE)Rs. This duty shall SURset OR December 31, . [Ord. 3735 § 2, 20091. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH926040 ORDS 4221, 4222 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 04/30/2021 and ending on 04/30/2021 and that said newspaper was regularly distributed to its subscribers during all of said period. The a t of the fee for such pubiicati n is $28.00. Subscribed and sworn befo me on this �Q day of a Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY #VVV"V Linda Phillips Notary Public `fie Of Washington My Appointment Expires 08/29/2427 w�ww� Classified Proof ORDINANCE SUMMARY tli the Cily Of rdrrlOnCts, Wan "Inglen On the 27th day Of Apilk 2021. the City Council of the City Of Edmonga, passed the to AOYeAg Ordinances, the SUhmad" Of SaId OrdinenceS cons180ng of 1$[esarB provided as follows; ORDINANCE NO, 4221 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AM E RIDING DI RESULT OF UNANTICIPAATTED AN 6 TRANSFERS A D EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTWe- ORDINANCE NO. 442 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING CHAPTER 10.40 OF THE EDMONDS CITY CODE RELATED TO THE CITY'S PLANNING BOARD. T1te AM le of lhese OrkiinaneeS will be malted Upon re uesL DATED B1i3 271h Day ofA L 2021 CITY CLERK, SCOTT PASSEY Puoa5hed: Ap10 30. =I EOH926040 Proofed by Sheppard, Dicy, 04/30/2021 10:32:44 am Page: 2