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2021-07-27 City Council - Full Agenda-29231. 2. 3. 4. 5. 6. o Agenda Edmonds City Council tn.. ISLP REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 27, 2021, 7:00 PM CITY COUNCIL MEETINGS ARE HELD IN -PERSON IN THE COUNCIL CHAMBERS AND AVAILABLE VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING REMOTELY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CLOSED CAPTIONS ARE AVAILABLE USING THE ZOOM PLATFORM. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS REMOTELY USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of July 20, 2021 2. Approval of claim, payroll and benefit checks, direct deposit and wire payments. 3. Acknowledge receipt of a Claim for Damages from Juan Casteneda Miranda & Jean Kovatovich Edmonds City Council Agenda July 27, 2021 Page 1 4. Motion to Postpone Consideration on a Resolution Adopting Council Rules of Procedure 5. Award Construction Contract for Phase 2 Stormwater Replacement Project PUBLIC HEARINGS 1. Public Hearing on the Planning Board recommendation to approve an amendment to Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC (15 min) 2. Public Hearing regarding private code amendment to ECDC Section 20.75.045.B, entitled Unit Lot Subdivision - Applicability (45 min) 8. NEW BUSINESS 1. Edmonds Municipal Court Reorganization (60 min) 9. COUNCIL COMMITTEE REPORTS 1. Outside Boards and Committee Reports (0 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda July 27, 2021 Page 2 6.1 City Council Agenda Item Meeting Date: 07/27/2021 Approval of Council Meeting Minutes of July 20, 2021 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 07-20-2021 Draft Council Meeting Minutes Packet Pg. 3 6.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 20, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember (arrived 7:02 p.m.) Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Dave Turley, Finance Director Rob English, City Engineer Zack Richardson, Stormwater Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Dave Rohde, GIS Analyst The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute. Mayor Nelson explained this is the first hybrid meeting and recognized there may be some technical challenges. 2. LAND ACKNOWLEDGEMENT Councilmember L. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Buckshnis (who arrived at approximately 7:02 p.m.) 4. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Councilmember Buckshnis was not present for the vote.) 5. AUDIENCE COMMENTS Edmonds City Council Draft Minutes July 20, 2021 Page 1 Packet Pg. 4 6.1.a Mayor Nelson described the procedures for audience comments. Mike McCausland, Edmonds, explained he has a legal conforming duplex on his property on 3rd Avenue North. The east property line is on 6' Avenue North and the west property line is on 3rd Avenue North. The City's Public Works Department is planning to install a stormwater rain garden along his property line in the right-of-way on 6t' Avenue North. He is opposed to the rain garden and believes his rights as a property owners are being compromised as well as taken advantage of. He was surprised to learn the proposed rain garden, which impacts private property, does not require signage advising of the project and to allow public comment as the City would require from any private development. He discussed his opposition to the rain garden with Public Works Director Phil Williams, Public Works Engineer Zack Richardson, Planning Division Manager Rob Chave and the Mayor's Executive Assistant Carolyne LaFave; no resolution to his opposition has been reached. As he was unable to find a source to formally address his opposition, he was bringing his concerns to the City Council. The proposed rain garden takes away development opportunity for his property and the ability to add a driveway entrance to his property off 6' Avenue North. As measured by himself with a tape measure, the lot size is just under 12,000 square feet but could be slightly larger. The current zoning is single family RS-6 6,000 square foot minimum lot size. In accordance with the GMA, and optimum economic land use, his property lends itself well to subdivision into two lots for two single family homes. There is a development under construction on Daley and 4t' Avenue doing the exact same thing. Taking away the ability to reasonably install a driveway eliminates the feasibility of subdividing this property. Email correspondence with Mr. Richardson advised he would still have the option to install a driveway by building a bridge over the rain garden or with offset mitigation, both at his expense. He questioned the City allowing him to build a bridge in the public right-of-way as well as why any expense would be his responsibility since the City is building something that impacts his property. He pointed out the same issue would arise if he wanted to install a garage in his backyard or an accessory dwelling unit. Ken Reidy, Edmonds, commented it was good to be back in Council Chambers. He explained Edmonds adopted the power of initiative and referendum in 1985. A unanimous vote is required to pass an emergency ordinance. Council has long acted like an emergency ordinance can be passed with a super majority vote. Tonight Council is discussing an ordinance creating the Edmonds Rescue Plan. The discussion involves Ordinance 4189; the City has long acted as if Ordinance 4189 was effective June 23, 2020 but that is not true because the vote on Ordinance 4189 was not unanimous. He requested disclosure during tonight's meeting regarding how this mistake will be addressed. Tonight the Council is also discussing a resolution adopting Council Rules of Procedure. The proposed rules include a new Code of Conduct adopted by motion on January 26, 2021. There is a Code of Ethics that applies to all elected officials, but is not enforced and no procedures or policies exist to govern enforcement. The City's personnel policies contain a general Code of Conduct; all employees are expected to treat the public as their most valued customer. He questioned who doesn't reply to emails from their most valued customer. Via a public records request, he obtained an email from the former Finance Director to the Mayor seeking permission to reply to an email he sent last year; he never received a reply. Mr. Reidy continued, the Code of Conduct for City Council adopted earlier this year says that no Councilmember shall dominate proceedings. Despite this, a Councilmember made a seven -minute comment during last week's Council meeting that was not specific to the item on the agenda. He questioned what happened the next time a Councilmember wanted to do the same. He requested the Council advise their constituents how existing rules and codes will be enforced before adopting new Council Rules of Procedure. The proposed rules state public comment time cannot be donated by one speaker to another; he questioned why when it had been allowed in the past. The City Council needs more time to review the proposed Council Rules of Procedure for completeness; the proposed rules discuss items requiring four votes but are silent on items requiring a unanimous vote. Considering all the mistakes made since 1985, he requested a section for items that require a unanimous vote be included. He Edmonds City Council Draft Minutes July 20, 2021 Page 2 Packet Pg. 5 6.1.a requested the Council add a rule granting a speaker one additional minute if the City Attorney or City Staff address the public comments after the comment is made. City Council represents citizens and citizens should get the last word before decisions are made. William Lighter stated he was not a resident of Edmonds and was speaking on the Perrinville Creek restoration project and the use of federal COVID funds for improvements on Perrinville Creek. The $3.7M is a good start to repair the damage to Perrinville Creek caused in large party by the fish -killing, flow -splitting weir installed by the City of Edmonds to basically benefit two property owners. That fish - killer weir has been a drain on the City's expenses and the ductal iron pipe under the BNSF tracks is badly corroded. He documented that and spoke before the Council nine years ago. The culvert has only gotten worse since then. A track failure and a derailment into Browns Bay would be catastrophic, not only the potential loss of human life but also environmental damage caused by the contents of numerous railcars carrying bulk and crude entering Puget Sound as well as chemicals on the tracks. Replacing the culvert and removing the flow splitter on Perrinville Creek is a good start but more needs to be done, particularly to replace the culvert on Talbot Road above the BNSF tracks which also obstructs fish passage and salmon migration. He commended the City for spending the money to repair and replace the culvert under the railroad tracks and hoped the City could find the money and resources to do more to replace the culvert under Talbot Road. Natalie Seitz, Edmonds, commented on the lack of public investment in SR-99 communities. She disclosed that she is White and lives in the SR-99 community and that some of her comments align with her interests but are not related to her specifically. She was very frustrated by the Council's discussion of the Civic Center playfield Park Construction contracts. She questioned how she should respond to a call to action to pay more than just lip service to the blatant inequity of this park that is in and of itself lip service. Functionally, Councilmember L. Johnson said with her comments what all other Councilmembers present said with their votes and their silence; it does not matter. The equity of this decision does not matter because lots of decisions, time and money had already been invested, hundreds if not thousands of decisions to redevelop Civic Center Playfield and invest more public funds in an area that is already briming with parks. Each one was an opportunity to consider the location, size and scope and each fell short. Looking at the 2021 Edmonds Capital Projects Map, this project is hardly isolated in demonstrating where the City chooses to spend public funds. This is not a mistake, it is institutional; when institutional inequities align with greater concentration of minorities and people of color, it is known as institutional racism. She encouraged the City and Council to look at its decision -making process to identify and address why SR-99 communities continue to receive little public investment in light of the proportion of the population it represents. However, if it is not enough to matter for any individual decision, nothing will change. It is not enough to matter that the Civic Center Playfield contract does not include a parking lot for all the people in the SR-99 communities that the City fantasies will regularly access and benefit from this park. It is not enough to matter that when the City chooses to build nearly all the 2021 capital projects and $15M on this park, the value of nearby properties and businesses increase and that is how public investment becomes concentrated private wealth in the Bowl. Ms. Seitz continued, it is not enough to matter that if it not under the direct supervision of the City of Edmonds, it does not count by code as parks when the City Council and other residents identify assets of neighboring jurisdictions as good enough to serve the SR-99 corridor communities. The insinuation that the dilapidated play structure north of Lake Ballinger or adding a single park bench at Mathay Ballinger somehow nullifies the $15M investment in active recreation park facilities is insulting. The City and Council should serious reflect on why this conversation was entertained for the SR-99 corridor. She was dumbfounded by the July 6t1i meeting minutes; the City Council does not need SR-99 communities to articulate that money needs to be spent on the betterment of the SR-99 neighborhoods in the PROS Plan. This is a City contrived precondition to receiving public funds. Research indicates that complaint based governance leads to inequitable and racist results. The City should immediately prepare and make public Edmonds City Council Draft Minutes July 20, 2021 Page 3 Packet Pg. 6 6.1.a a GIS analysis and maps of population density race in association with park facilities and let that be the backbone of the PROS Plan public engagement. The City is currently conducting a survey that asks people to prioritize between park redevelopment, one dollar sign, and building parks, three dollar signs. It means nothing without showing people the information that the majority of parks are located in one area of the City or that redevelopment of Civic Center is $15M. Jenny Anttilla, Edmonds, said Ms. Seitz's comments are very valid. It is great the City purchased Civic Field a few years ago, but she did not see the point of exceeding the estimates so more money is owed and she preferred to downgrade the design and keep it an open area and not spend $15.5M as that is too much and there are other areas of the City that need help. She commented some policies happened in 2020 and 2021 that were against the residents and business owners; for example, a decision was made to close Main Street on Saturdays and Sundays even though the shops were opposed to a 2-day closure and preferred a 1-day closure. The City did not listen to the shops which she did not think was fair. Many decisions have been made during COVID that citizens would have liked to speak on such as the new tree policy. She recalled 6-7 years ago Council Chambers were flooded with residents who did not agree with the tree policy that the Council just passed. Because the public could not attend meetings, the tree policy passed even though a lot of Edmonds residents did not support it. She concluded it was important for Councilmembers running for office this year or in the future to remember that residents don't forget. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 13, 2021 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 3. APPROVE 128-SF DEDICATION AT NORTHWEST CORNER OF 4TH AVE N & DALEY S 4. OKTOBERFEST EVENT CONTRACT 5. MAY 2021 MONTHLY FINANCIAL REPORT 6. JERRIE BEVINGTON 3 MONTH EMPLOYMENT AGREEMENT 7. NEW BUSINESS 1. PRESENTATION OF STORMWATER MANAGEMENT CODE (ECDC 18.30) UPDATE Mr. Richardson reviewed: Why are we updating the code now? o NPDES Permit with State requires codes to protect surfaces water from development which meets or exceeds standards prescribed by Ecology. o New permit requires that the City update to newest Ecology standard by July 2022. o Staff aiming for effective date of January 1, 2022, for clarity in applicability timelines. o Ecology's newest manual (2019 SWMMWW) has minimal substantive changes since previous version (2014); most revisions are organizational changes. o See Ecology documents Executive Summary of the 2019 Revisions and Crosswalk: 2014- 2019 SWMMWW for additional information of Ecology driven changes. How is ECDC related to Ecology Manual Edmonds City Council Draft Minutes July 20, 2021 Page 4 Packet Pg. 7 6.1.a o Ecology issues their manual (2019 SWMMWW) o City makes minor local modifications via the Edmonds Stormwater Addendum (Addendum) o City updates ECDC 18.30 to adopt the new manual as modified in the Addendum o Some provisions are required by Ecology o Some items are optional add-ons for City of Edmonds o City provisions cannot be less stringent than Ecology standard and cannot be less stringent than previous version (without Ecology approval) Drainage Review 101 o Drainage mitigation is required when projects exceed certain thresholds of new plus replaced hard surfaces and/or clearing limits. o Hard surfaces are traditional impervious surfaces, plus other compacted surfaces including gravel roadways and pervious pavements. o Replaced hard surfaces are any surfaces where the subgrade material below the surface is exposed temporarily during the construction operation. o Category 1 — Minimum Requirements (MR) 1 — 5 apply ■ 2,000 SF new plus replace hard surfaces, OR ■ 7,000 SF of land disturbing activity (clearing) o Category 2 — Minimum Requirements 1 — 9 apply ■ 5,000 SF new plus replace hard surfaces, OR ■ Converts 0.75 acres of vegetation to lawn/landscaped area, OR ■ Converts 2.5 acres of native vegetation to pasture o Minimum Requirement #5 (LID) ■ Applies to all projects that require drainage review (over 2,000 SF hard surfaces). ■ Focuses on erosion flows; 2-year storm and below. ■ Requires the use of infiltration if feasible ■ Predominant way we get storm water mitigation in Edmonds o Minimum Requirement #6 (Water quality) ■ Requires 5,000 SF of pollution generating hard surfaces (ie. drivable pavement; does not include roofs in most cases) ■ Requires treatment of runoff specific to removing contaminants. o Minimum Requirement #7 (Flow control) ■ Requires 10,000 SF of hard surfaces (or more than 0.1 cfs increase in discharge from site) ■ Big vaults/detention; this is the traditional way of storm water management where we try to match historic flow rates. ■ Infiltration is required to be used for flow control if applicable How's it working? o Switched permit tracking systems at beginning of 2020; reviewed single family building permit data since that date through the start of June 2021. ■ This didn't capture plats as a whole project but reflects the mitigation required for each individual home within a plat. ■ Focused on main BMP where multiple BMPs were proposed. 0 52 projects required drainage review 0 2 applied dispersion as main BMP 0 22 applied an infiltration -based BMP 0 5 applied a perforated pipe connection 0 22 applied Edmonds -specific detention BMP 0 1 qualified for direct discharge What's changing? o Most changes are updates to match Ecology reorganization and/or to provide clarity where staff have experienced commonly missed or misinterpreted information by manual users & designers. Edmonds City Council Draft Minutes July 20, 2021 Page 5 Packet Pg. 8 6.1.a o See 2022 ECDC 18.30 and Stormwater Addendum Summary of Changes in agenda packet ■ Direction from Ecology (Orange) = Ecology prescribed/required ■ Direction from Staff (White) = Staff -proposed clarification, reorganization, or update without substantial change/impact ■ Direction from Staff (Green) = Staff -proposed change with potential impacts o Staff seek direction on staff -proposed changes with potential impacts prior to moving code for State approval and permitting. ■ Department of Commerce and SEPA approval required prior to formal Council adoption. Change #1: New connections of existing hard surfaces o Old: Current code allows for connection of existing hard surfaces on case -by -case basis with a focus on maintaining City pipe capacity. o New: Staff propose revisions to require new connections of existing hard surfaces to be treated like new hard surfaces requiring full drainage mitigation. ■ Note that this is specific to new connections; where residents have an existing connection, they are permitted to replace the connection in -kind without any mitigation requirements. o Staff Opinion: These new connections of existing surfaces are still new or altered impacts to the City system and any surfaces water they drain to; they should be mitigated for as new impacts. o Potential Impacts: This may limit homeowner options when working on homes without development or expansion. However, the impacts of allowing every pre -drainage -code residence or business to connect to our system would be continuation of the negative impacts of unmitigated historic development and detrimental to staff ability to manage the capacity of our systems in the future. Change #2: Removing Edmonds Way as a direct discharge basin o Old: Current code recognizes the Edmonds Way drainage basin as a partial direct discharge basin with reduced requirements for LID (MR #5) and flow control (MR #7) o New: Staff propose revisions to remove all exemptions for the Edmonds Way basin, resulting in equal application of all drainage code requirements to the Edmonds Way basin. o Staff Opinion: The Edmonds Way drainage pipe (WSDOT) is known to overflow to the Edmonds Marsh under certain conditions; since this demonstrates a capacity issue and now discharges to a non -manmade water body, the direct discharge exemption should no longer apply. o Potential Impacts: This simply means that projects within the Edmonds Way basin comply with the exact same requirement as the rest of the City. Change #3: Increasing protection of Perrinville Creek o Old: Current code applies the drainage code uniformly to all areas of City, including the Perrinville Creek Basin. o New: Staff propose revisions to increase the retrofit requirement for LID and increase the flow control standard within the Perrinville Creek basin (only). ■ Retrofit (applies to existing unmitigated surfaces to remain): 25% _> 50% ■ Flow control: Match 50-year peak => Match 100-year peak (ie. King County Level 3 Standard) o Staff Opinion: The Perrinville has been beaten up by past development and needs better protections. The change in flow control standard is typical for impacted water ways and the retrofit requirement attempts to rectify some of the past abuses on the creek. Staff believe it's fair to ask the residents who have directly benefitted from the impacts on the creek to chip in a little extra towards its recovery. o Potential Impacts: Flow control will have minimal impacts; larger projects will have larger detention facilities with minimal impacts and cost on already large budgets. However, the Edmonds City Council Draft Minutes July 20, 2021 Page 6 Packet Pg. 9 retrofit requirement has the potential to impact homeowners who are not necessarily developing and may become cost -limiting to smaller projects in this basin. Change #4: Detention preferred over perforated pipes o Old: Current code adopted the Ecology BMP list for MR #5 and then added an Edmonds - specific detention BMP to the end of the list, making its priority less than that of a perforated pipe connection. o New: Staff propose revisions to elevate the Edmonds -specific detention BMP to be considered before a perforated pipe connection. o Staff Opinion: Perforated pipes connection are only used when infiltration is already found undesirable for some reason; because of this fact, they are of very little mitigation benefit and often get proposed in dangerous or undesirable locations. Staff have run flow comparisons to demonstrate that the detention option generates far more desirable decreases in the flow rates for sites this condition would apply to. o Potential Impacts: At a minimum detention would be anticipated in nearly all cases where drainage review is required. Detention systems may add some cost to developing compared to the perforated pipe connections but will go much further in protecting the City system and surfaces waters. What's Next? o Staff is requesting comments from the City Council. ■ We are requesting comments now, prior to beginning the permitting and approval process. o Approvals Needed ■ Department of Commerce ■ SEPA ■ No Ecology review o Public Input ■ SEPA comment period required ■ Public hearing required before final approval/adoption ■ Additional workshops, as directed/if needed. o Questions/concerns: Zachary.Richardson@edmondswa.gov Council President Paine what Mr. Richardson expected to see in the next update of Ecology Stormwater Management Manual. Mr. Richardson responded Ecology will begin that process soon. Personally, he would like to see the existing codes updated to address climate change. Councilmember Buckshnis thanked Mr. Richardson for responding to her emailed questions. She referred to the proposed changes and asked about the associated costs that will be borne by the homeowner. She asked about costs related to Change #1. Mr. Richardson answered it depends on the site and the conditions. That change will upfront trigger the need for a geotechnical engineer to do an infiltration test, which will cost at least $1,000-2,000, one of the larger costs. He would need to do further research to determine the associated cost. Councilmember Buckshnis referred to Change #2, Removing Edmonds Way as a direct discharge basin, relaying her understanding that as development occurs along Edmonds Way it would no longer be treated as a direct basin due to flooding along SR-104. Mr. Richardson answered it was not done to target any center of development. When he was first hired, he was unaware of that overflow and once he discovered it, this was identified as an important update to the code. It is entirely driven by the overflow that occurs at the marsh and the need to protect the marsh. Councilmember Buckshnis asked if the Dayton Street pump station, a costly addition to the stormwater system, had an impact on the Edmonds Way flooding. Mr. Richardson answered this is the WSDOT line, the Edmonds Way basin is carried down into the WSDOT basin which now overflows into the marsh. Edmonds City Council Draft Minutes July 20, 2021 Page 7 Packet Pg. 10 6.1.a Councilmember Buckshnis referred to Change #3, and asked if there have been discussions with Lynnwood due to development occurring there that impacts Edmonds. Mr. Richardson answered there have not been a lot of discussions yet due to interest in fixing the immediate Perrinville issue first, but is on the list of things to do. He was not aware of what Lynnwood was doing in this round of updates. Councilmember Buckshnis recalled there have been efforts in the past to get Lynnwood to join WRIA 8 so they understand the importance of salmon recovery, stormwater, etc. and they have not been interested because they indicate they have no waterfront when in fact the Edmonds waterfront is their waterfront. Councilmember Buckshnis referred to Change #3 and the cost to homeowners of requiring larger detention facilities. Mr. Richardson answered in this case, the homeowner will have already triggered drainage review so a lot of the costs will have been incurred by the project. For a homeowner retrofit, it was 50% of the area, a relatively small area, approximately 40 feet of 24" pipe. The flow control would be for bigger volumes and a similar percentage of the budget because it is a larger system and much larger budget. It will not affect the average homeowner as it requires 10,000 square feet. Councilmember Buckshnis recalled putting in a detention pond in a southeast Portland home that was less than 10,000 square feet, but was related to flooding and aged infrastructure. With regard to Change #4, she agreed perforated pipes can cause a lot of problems. She observed the minimum requirement was perforated pipes and the proposal was to do more than that. Mr. Richardson answered the proposal is to recommend Edmonds -specific detention BMP be considered before a perforated pipe connection. Councilmember Buckshnis thanked Mr. Richardson for the compete packet. Councilmember L. Johnson referred to #9 and #25, new connections over 25,000 square feet to be handled like a new project. She asked whether a process should be considered to document cumulative connections for all categories. She asked if that would be a worthwhile undertaking or would it have negligible impact. Mr. Richardson answered the drainage code used to include cumulative impact language which would address what Councilmember L. Johnson referenced, where someone could piecemeal smaller projects in sequence. That was really hard to track because often there were no permits for that work. That is one of the reasons the retrofit requirement was created, tackling 25% of everything could mitigate against that without tracking it. Councilmember L. Johnson commented the impact would be unknown if they were unpermitted. Mr. Richardson explained most end up being caught by code enforcement; if is over 2,000 square feet, drainage review is required and if it is over 2,000 square feet it has to be documented in the list. He noted under 2,000 square feet often does not require a permit. A one of the Councilmembers impatiently waiting on a code rewrite, Councilmember Olson said she appreciated the work that went into this significant code rewrite. It may be boring to the public but it was exciting to her. Mayor Nelson asked if staff had gotten sufficient direction from Council. Mr. Richardson responded he did not hear much objection. If the Council was comfortable with the changes, he will move forward with them and return to Council for formal adoption. Councilmember Buckshnis said she wanted a better understanding of the cost implications of the changes. She understood the importance of stormwater, but there is also stormwater mitigation in the tree code. Mr. Richardson offered to provide costs. 8. UNFINISHED BUSINESS 1. ORDINANCE CREATING THE EDMONDS RESCUE PLAN FUND Economic Development/Community Services Director Patrick Doherty reviewed: Edmonds City Council Draft Minutes July 20, 2021 Page 8 Packet Pg. 11 6.1.a American Rescue Plan Act (ARPA) o The ARPA was passed by Congress and signed into law by President Biden on 3/11/21 ARPA and provides funds to cities, allowing for the funds to be used to: ■ respond to the COVID-19 emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel, and hospitality; ■ provide premium pay to essential workers or provide grants to employers of essential workers during the COVID-19 emergency; ■ provide government services to the extent of the reduction in revenue of such state, territory, or tribal government due to the COVID-19 emergency; or ■ make necessary investments in water, sewer, or broadband infrastructure o A Treasury Department 151-page Rule has been issued that provides more detailed guidance on the use of these funds o ARPA will provide $11,893,099 to the City of Edmonds in two tranches: ■ $5,950,087.50 was received on 6/25/21 ■ The remaining $5,943,011.50 is expected approximately one year later ■ Funds are available for expenditures incurred as of 3/3/21 and through 12/31/24. Expenditures shall be considered "incurred" if they are obligated for projects or programs completed through 12/31/26. Mr. Doherty reviewed the Edmonds Rescue Plan Fund: • The proposed Ordinance would create the Edmonds Rescue Plan Fund and set out its intended uses. Sections of the Ordinance: o Comprehensive set of "whereas" clauses that refer to the state of emergency and impacts of the COVID-19 pandemic, reference to the ARPA and its requirements and public purposes. o Section 1 accepts the $11,893,099. o Section 2 renames Fund 142, the Edmonds CARES Fund, to the Edmonds Rescue Plan Fund for receipt of the funds and expenditure of the funds. o Section 3 allows for the fund to be administered by the Administrative Services Director o Section 4 sets out the six program funds for expenditure of the Edmonds Rescue Plan Fund monies: ■ Account "A" is the "Edmonds Rescue Plan City Expenditures" account into which up to $750,000 will be allocated to reimburse City expenditures associated with responding to the COVID-19 health emergency and any resurgences in the future, including staffing, equipment, and supplies related to maintaining a safe workplace for employees and the visiting public, as well as necessary capital investments, such as enhancements to HVAC filter upgrades, etc. ■ Account `B" is the "Edmonds Rescue Plan Household Support" account into which $4,150,000 from the ARPA funds shall be allocated for programs providing assistance to households earning no more than 40% of the Edmonds AMI: - Household Support: Up to $3,000,000 for Grants for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Up to 400 households may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may receive grants of up to $2,500 in 2023 and 2024. - Utility Bill Support. Up to $150,000 for one-time grants in amounts up to $1,000 for up to 150 households to help defray expenses derived from outstanding City of Edmonds utilities bills. - Housing Repair. Up to $1,000,000 for one-time grants for housing repair, especially focused on energy -saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each. Edmonds City Council Draft Minutes July 20, 2021 Page 9 Packet Pg. 12 6.1.a REVISION TO SECTION 4(B) IN CURRENT VERSION OF ORDINANCE: Account "B" shall be the "Edmonds Rescue Plan Household Support" account into which $4,150,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1. Household Support. Up to $3,000,000 for Grants to households earning no more than 40% of Edmonds Median Income for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Up to 400 households may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may receive grants of up to $2,500 in 2023 and 2024. 2. Utility Bill Support. Up to $150,000 for one-time grants to households earning, no more than 40% of Edmonds Median Income in amounts up to $1,000 for up to 150 households to help defray expenses derived from outstanding City of Edmonds utilities bills. 3. Housing Repair. Up to $1,000,000 for one-time grants to households earning no more than 40% of Edmonds Median Income for housing repair, especially focused on energy -saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each. Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which $1,125,000 to assist the business community, as follows: - General Business Support. Up to $200,000 in installments of $50,000 per year in 2021, 2022, 2023, and 2024 for general support of Edmonds small businesses, business districts and the overall business community. This includes such programs as the Edmonds Business Booster website and its programs and promotion; promotion of business districts outside Downtown through advertising, wayfinding, signage; business -support or promotional events, etc. - Tourism Support. Up to $300,000 in installments of $75,000 per year in 2021, 2022, 2023, and 2024 for support of tourism promotion. This includes enhanced local and regional advertising, support of events and special promotions, investment in facilities and/or equipment, etc. REVISION TO SECTION 4(C)(3) IN CURRENT VERSION OF ORDINANCE: 3. Small Business Support. Up to $625,000 for direct grants to small businesses most affected by the COVID-19-related economic recession. Grants will take the form of individual financial support grants (in the form of loans that are forgivable after four months of performance), totaling up to 50 at $10,000 each in 2021, with up to 25 grants of up to $5,000 each available in 2022. Eligibility criteria for these grants will include: Small businesses in Edmonds with zero to 30 employees. - Businesses must demonstrate at least a 50% loss in revenue by the end of 2020 compared to the pre -pandemic 2019 revenues. - Businesses must not have received more than $5,000 in other grants, tax credits or other financial assistance. - Businesses must be leeated outside Pe A%t$'k a E s ('QwA it9wirEdmonds" being defined as any leea4ien west of 9th Avenue bet-ween Casper-s Stfeet and Pine - Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support" account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds nonprofit organizations that have suffered substantial financial losses due to prolonged closures, cut -backs, loss of business, etc. A general call for requests will be issued, with Edmonds City Council Draft Minutes July 20, 2021 Page 10 Packet Pg. 13 6.1.a requests reviewed competitively and awards based on relative need, likelihood to help an organization survive, and other sources of funds available. Small grants of up to $20,000 and totaling no more than $100,000 shall be approvable by the Mayor. Large grants of any amount over $20,000 for a total of up to $400,000 shall be approvable by the City Council. Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into which $600,000 from the ARPA funds shall be allocated to provide financial aid to working adults, demonstrating financial need, who seek skills training, certifications, completion of degrees or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be authorized to enter into the corresponding contract(s) with participating colleges serving Edmonds residents. - Both Edmonds College and Shoreline Community College have indicated interest in participating in this program. - Edmonds College has highlighted its aerospace training and advanced manufacturing programs. - Shoreline Community College has highlighted its biomanufacturing and automotive programs, such as the Tesla program that provides specialized, hands-on training on vehicles that are leading the way in sustainable automotive technology. REVISION TO SECTION 4(E) IN CURRENT VERSION OF ORDINANCE: Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into which $600,000 from the ARPA funds shall be allocated to provide financial aid to working adults, with demonstrated financial need, who seek skills training, certifications, completion of degrees, or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be authorized to enter into the corresponding contract(s) with participating colleges serving Edmonds residents. Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" account in which up to $4,768,099 from the ARPA funds shall be allocated to reimburse City capital expenditures through 2026 associated with green infrastructure projects, which are prioritized in the ARPA guidelines, such as: - Edmonds Marsh Water Quality and Flood Control. Retention and treatment of surface stormwater runoff into the Edmonds Marsh to enhance the water quality of the Marsh, as well as other associated projects. Preliminary projected cost - approximately $750,000. - Lower Perrinville Creek Realignment. Retention and treatment of surface stormwater runoff in the Perrinville Creek drainage basin, intended to reduce stormwater surge flows and enhance the quality of stormwater reaching Puget Sound. Preliminary projected cost - $3,500,000. - Green Streets and Rain Gardens. Enhance existing streets throughout Edmonds by adding features that retain and/or treat stormwater runoff to reduce stormwater surges and contaminants that reach Puget Sound. Similarly, rain gardens in association with streets, parks and other public facilities may be established for these same purposes. Preliminary projected cost - $1,000,000. - All infrastructure projects and their associated budgets shall be presented to City Council for review and approval. Edmonds City Council Draft Minutes July 20, 2021 Page 11 Packet Pg. 14 6.1.a o Section 5 sets out the timeframe for use of the ARPA funds — from 3/31/21 till 12/31/26, with explanation of "incurred" and "obligated" expenses. o Section 6 requires any organization assisting the City in providing emergency aid to provide a quarterly written report, as well as requiring that the Administration provide quarterly reports to the City Council. o Section 7 is the "Severability" clause o Section 8 provides the effective date of the Ordinance as FIVE days after passage and publication. Mr. Doherty relayed staff s recommendation: Council approval, including additional revisions discussed tonight. Main Motion COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON CREATING THE EDMONDS RESCUE FUND AND SETTING OUT ITS INTENDED USE. Amendment #1 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REVISE "WORKING ADULTS" IN THE FIRST SENTENCE OF SECTION E TO "PEOPLE WHO HAVE SUFFERED WORKFORCE PARTICIPATION INTERRUPTIONS." Action on Amendment #1 AMENDMENT CARRIED UNANIMOUSLY. Councilmember Distelhorst asked Mr. Doherty to comment on the process for future adjustments, recalling the Council approved the initial allotment of CARES funds and later made adjustments as needs changed. Mr. Doherty recognized this is a 4-5.5 year program and reports, whether quarterly, annually or as requested, will provide an opportunity to review the distribution of funds and whether any adjustments are necessary. Councilmember K. Johnson referred to Account C, and the disparity in the eligibility criteria; for example in 3.c, a business is not eligible if they received more than $5000 in grants, however, the explanation of Small Business Supports offers a loan of up to $10,000 each. Mr. Doherty answered they were not intended to be the same. The intent under #3 was grants up to $10,000; last year the Council approved a similar provision which was expanded slightly to provide $8,000 grants. One of the criteria is that the business has not receive more than $5,000. For example, if a business did not receive a City or State grant or tax credit, which some did not because they did not understand the complex provisions. It was not intended that previous grants and this potential grant would be the same amount. Councilmember Buckshnis reiterated her statement last week that it was foolish to put 42% of the ARPA funds the City receives into green infrastructure because citizens, non -profits and individuals need more money. This a 4-5.5 year program and regardless that some think the City's demographics are wealthy, some people need money. She did not agree with the eligibility requirement that prevents a business that received $5,000 from receiving another grant. The spirit of the ARPA is to rescue citizens, people and businesses that are in trouble. She will propose removing $750,000 from Item F.1 and $1 million in Item .173 and redistribute it to General Business Support, Tourism Support, Small Business Support and Nonprofit Support as well as the Retraining Program. The amounts in those accounts need to be increased and if it's later found too much has been set aside for citizens, funds can be reallocated to green infrastructure. She said $3.5M out of $11M is sufficient for green infrastructure, approximately 25%. She pointed out Household Support of $3M was 26%, Utility Support 1%, Household Repair 9%, General Business Support 1.8%, Tourism Support 2.7%, Small Business Support 5.6%, Nonprofit Support 4.5%, Edmonds City Council Draft Minutes July 20, 2021 Page 12 Packet Pg. 15 6.1.a and Job Training 5.4%. She wanted a more equitable distribution so that assistance was provided to everyone. She reiterated 42% for green infrastructure for projects that have been in the CIP/CFP for a long time was foolish. Amendment #2 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO REMOVE ITEM FA, MARSH WATER QUALITY AND FLOOD CONTROL, FOR $750,000, AND REDISTRIBUTE IT TO GENERAL BUSINESS SUPPORT. Councilmember Olson explained some of the most active environmental citizens are not in favor of the projects in Account F which was surprising to her so perhaps this redistribution is a good idea due to need in those other accounts. She expressed support for the amendment. Councilmember Fraley-Monillas did not support the amendment. The Council has been talking about the need to take care of the marsh at least since she has been on Council and this is a perfect opportunity to accomplish that. She did not support taking money from the marsh to give it to other sources that may need it. With regard to equity and fairness in grants, she said some people did not apply for grants, particularly those in communities where English was not their first language. Councilmember Distelhorst said the Department of the Treasury's guidance states, "Treasury encourages recipients to consider green infrastructure investments and projects to improve resilience to the effects of climate change. For example, more frequent and extreme precipitation events combined with construction and development trends have led to increased instances of stormwater runoff, water pollution, and flooding." In the previous item, staff described changes to update the stormwater code from the 50 year peak to the 100 year peak. He referred to emails from Mr. Williams regarding the stormwater/marsh water quality project that was identified by Students Saving Salmon and asked staff to speak to the specifics of this item. Public Works Director Phil Williams explained the $750,000 is for a marsh water quality project. There are a series of catch basins on the state highway where pollutants from traffic such as oil drippings, tire wear, brake wear, etc. as well as sediment run into the marsh every time it rains. This is an opportunity to do something about that. The City applied for and received a grant for $313,500 this year to be matched by $104,500 from stormwater resources to provide $418,000 to take care of those catch basins. That will either be done through bioretention or actual direct mechanical chemical treatment. These fund offer an opportunity to extend that concept to the other side of SR-104 as well as the stormwater system in Harbor Square which has a lot of the same pollutants. The primary pieces of the marsh restoration such as the daylighting of Willow Creek cannot be pursued yet because it is tied up in a property transfer issue and awaiting final cleanup of the Unocal property. The SR-104 culverts are entirely within the City's control, do involve the Unocal property and could protect the City -owned marsh. He concluded it is a good environmental project. Councilmember Distelhorst summarized it was a more comprehensive water quality treatment versus one section of it. Mr. Williams agreed. Council President Paine said she did not support the amendment, anticipating there will be future opportunities for business support via the federal government. She encouraged all businesses to take full advantage of that and other opportunities. She was hopeful the City would provide information and access to businesses. Mr. Doherty explained the City had two grant processes last year, the County had two grants process with funds available from the State and the State provided grants as well. The City did mailings, Facebook postings as well as provided information on the City's website regarding those opportunities in several languages which will be done again with these funds. He has also heard there will be grants available to businesses from other sources. Council President Paine recognized stormwater cleanup near the ferry line and marsh has been needed for years. She expressed support for leaving the funds in place as proposed. Edmonds City Council Draft Minutes July 20, 2021 Page 13 Packet Pg. 16 6.1.a Councilmember Buckshnis commented it was obvious that not all the information has been shared. She knew the Port has done wonders for their stormwater control and wondered if the Port would accept Mr. Williams comments about pollutants in Harbor Square. The Port has proposed a new program that they are working on with WRIA 8. She is very familiar with the Edmonds Marsh restoration and has been involved with WRIA 8 and the Salmon Recovery Council for ten years and helped get the marsh on the project watch list. She observed apparently people are not as important as stormwater. The City was recently informed that the citizen group, Save Our Marsh, will be allowed to adopt that area of SR-104. Joe Scordino informed Mr. Williams of the program that will removing invasive plants, bittersweet nightshade vines and thickets, and the City will be able to keep the tide gate open. Removal of nightshade thickets will improve the water quality. WSDOT has agreed to bring in a backhoe to assist with removal. It is preliminary to allocate these funds until there is a determination whether that project improves the water quality. This is a holistic project and she did not believe the $750,000 project considered other issues facing the City and nonprofits who have asked for $1M. She urged environmentalists on the Council to support her amendment, using the $750,000 for the human aspect of the ARPA. Councilmember L. Johnson said she also read the 151 page Treasury document which includes four categories; Category 4 states, improve stormwater infrastructure, address pollution, control non -point sources of pollution, improve resilience of infrastructure of severe weather events and create green infrastructure and protect water bodies from pollution. The intent of F.3 is water quality, flood control, retention and treatment of surface water runoff into the marsh and enhance water quality of the marsh as well as other projects. That is in the spirit of the ARPA funds. She did not support the amendment. Councilmember Olson commented when voters get their voters pamphlet and there is a group that they would have expected to support a ballot measure does not, there tends to be a bigger picture at play which is the case here. She acknowledged the administration's proposal was good, but upon vetting, it seems there may be better ways to divide the money. The Council will the opportunity to move funds in the future if necessary. From the emails the Council has received, the citizens do not support the administration's allocation. She will support the amendment. Action on Amendment #2 UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Amendment #3 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE LAST SENTENCE OF ACCOUNT E, EDMONDS RESCUE PLAN JOB RETRAINING PROGRAM, TO READ, "THE A4AVO COUNCIL SHALL BE AUTHORIZED TO ENTER INTO THE CORRESPONDING CONTRACT(S) WITH PARTICIPATING COLLEGES SERVING EDMONDS RESIDENTS." Mr. Doherty explained the reason it was proposed that the Mayor be authorized is this is the most time sensitive proposal because it was intended that this funding would be in place for the coming term which starts in September. It may be difficult to approve the contracts in time to advertise the program if Council approval is required. It was hoped by approving the program, the Council would approve the Mayor's authority to enter into the contracts. Councilmember Fraley-Monillas asked how much money was in this account. Mr. Doherty answered $600,000. Shoreline Community Colle and Edmonds College have expressed interest so the funds may be split evenly between the two but it also may depend on the specific requests. Councilmember Fraley- Monillas suggested indicating that part of the funding will go to Shoreline Community College and part Edmonds City Council Draft Minutes July 20, 2021 Page 14 Packet Pg. 17 6.1.a will go to Edmonds College. Mr. Doherty said it would be difficult to specify those agencies in the ordinance because although Shoreline and Edmonds have expressed interest and provided examples of programs, contracts have not been negotiated. Additionally, specifying an amount to each would limit flexibility should one college have a more robust response than the other. Councilmember Fraley- Monillas observed if the contracts were not approved in time, the funding potentially would not be available until winter quarter. Mr. Doherty advised that was the potential and the intent was to have it available for fall quarter. Councilmember Fraley-Monillas asked Council President Paine the purpose of requiring the contracts be approved by Council. Council President Paine explained the Mayor has a $100,000 spending limit and Council authority is required over that amount. Mr. Doherty said by approving the Edmonds Rescue Plan Fund ordinance, the Council would be providing authority to the Mayor to contract for more than $100,000 in this account. Councilmember Fraley-Monillas commented unless the intent is to bring everything over $100,000 related to this project back to Council one by one, she did not see the purpose. She understood the $100,000 spending limit, but approval of the ordinance would authorize the Mayor to approve the contracts. She was not particularly interested in knowing about the division of funds, particularly if it delayed the ability for students to register. If the Council wants everything over $100,000 to come back to Council, that is one thing, but she did not understand this particular objection. Mr. Doherty pointed out Account D, Edmonds Rescue Plan Nonprofit Organization Support, expressly states, "Small grants of up to $20,000 and totaling no more than $100,000 shall be approvable by the Mayor. Large grants of any amount over $20,000 for a total of up to $400,000 shall be approvable by the City Council." That is because there will be more time to administer that program. The retraining account is more time sensitive which is why giving the Mayor authorization was expressly identified. As a parent familiar with college age students, Councilmember L. Johnson said she was familiar with programs at both Edmonds College and Shoreline Community College. Without knowing their offerings or the need, she did not want to specify the amount that would be provided to each school. In addition, it may be possible that Everett Community College is interested in participating. She understood that $600,000 was a lot of money and typically the Mayor has a $100,000 limit so initially she supported the amendment. However, Mr. Doherty made a good case and after further consideration and as a mom with community college age students, she knew that class registration had already started and delaying the program will make it more difficult for students to access the funds. She respected the intent of the amendment, but with this account, she agreed with the urgency. Councilmember Distelhorst asked if the intent was colleges and community colleges, and not trade or technical schools. Mr. Doherty said that was the proposal; the intent was to focus on the two that have the greatest impact on the community. Councilmember Olson referred to City jobs for which it is difficult to find employees and asked if there were particular job training opportunities the City wanted to encourage related to its needs. She recalled hearing during the last 11/2 years that there were jobs that the City has a difficult time filling. She hoped consideration would be given to training, certification or college opportunities that would fulfill those needs. Mr. Doherty said he spoke with representatives of the college foundations who described how they are changing some short-term programs and certificates due to what has happened over the last 11/2 years and the need for people to obtain greater skills to be more competitive. The colleges are responding to that, it is not just about a degree but also certification training, upskilling and reskilling. The colleges identified programs they would like to focus on, but some internal vetting will likely be required as students apply. There is a lot of flexibility and the reporting will indicate how it is received and whether changes need to be made. Edmonds City Council Draft Minutes July 20, 2021 Page 15 Packet Pg. 18 6.1.a Councilmember Olson asked if the way the program was set up would accommodate a program or certificate identified by a director. Mr. Doherty said the contracts with the colleges need to provide flexibility. For example, if they identify programs of focus and there is no interest from students, changes may need to be made to include other programs to ensure they are responsive to the population. Councilmember Olson referred to Washington State Ferries' inability to fill some positions that results in reduced service. She suggested training for ferry captain programs would be a good thing to make available. Councilmember Buckshnis said she was interested in including trade schools. Her next amendment related to green streets will add more to this account. She commented on a neighbor who is taking an EMT/Firefighters program which is also costly. Amendment 3A COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO STATE, "THE MAYOR SHALL BE AUTHORIZED WITH COUNCIL PRESIDENT OVERSIGHT TO ENTER INTO CORRESPONDING CONTRACT(S) WITH PARTICIPATING COLLEGES SERVING EDMONDS." Councilmember Buckshnis commented this would help move the process forward more quickly. Councilmember Fraley-Monillas expressed support for the amendment, noting trade schools are an important piece of this program. City Attorney Jeff Taraday asked whether the phrase "Council President oversight" meant there would be signature block for the Council President on the contract. He asked how the Council would know that oversight had been complied with. Action on Amendment 3A COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND Amendment 3B COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE LAST SENTENCE TO READ, "THE MAYOR SHALL BE AUTHORIZED WITH COUNCIL PRESIDENT APPROVAL TO ENTER INTO CORRESPONDING CONTRACTS WITH PARTICIPATING COLLEGES OR TRADE SCHOOLS SERVING EDMONDS RESIDENTS." Action on Amendment 3B AMENDMENT CARRIED UNANIMOUSLY. Action on Amendment 3 (as amended) AMENDMENT CARRIED UNANIMOUSLY. Amendment 4 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO REMOVE ITEM F.3 GREEN STREETS AND RAIN GARDENS FOR $1M. Councilmember Buckshnis explained the Edmonds Rescue Plan City Green Infrastructure includes $ 1 M for Green Streets and Rain Gardens, enhance existing streets throughout Edmonds by adding features that retain and/or treat stormwater runoff to reduce stormwater surges and contaminants that reach Puget Sound. Similarly, rain gardens in association with streets, parks and other public facilities may be Edmonds City Council Draft Minutes July 20, 2021 Page 16 Packet Pg. 19 6.1.a established for these same purposes. There are important human aspects of the plan that can be supplemented such as the Job Retraining Program. Funding can be reallocated to green streets and rain gardens in the future if appropriate. Snohomish County Conservation District provides funds for rain gardens. She preferred to concentrate on increasing funding for Accounts A-E. Councilmember Distelhorst referred to the guidance from the Treasury, commenting this is related to environmental justice and looking at where problems are being fixed. If only the end of the pipe is considered and not the beginning, there will not be a great deal of improvement and funding will continue to address the results instead of preventing problems upstream. Living on an arterial with increased traffic and pollutants, he sees daily the affects that has on waterways from the top of the hill and down. He supported retaining the proposed funding and if there isn't a need for it in the coming five years as climate impacts increase, the funding can be adjusted and spent elsewhere. Council President Paine did not support the amendment because having greener roads and infrastructure helps everyone and, as Councilmember Distelhorst mentioned, it is important to address problems where they occur. Runoff down the hills in Edmonds have had negative impacts where the City touches Puget Sound and infiltrating that water uphill is a smarter, better way. These funds provide an opportunity to do green streets and rain gardens, an opportunity the City does not always have. Many neighborhoods have installed rain gardens on their own; continuing that process with the City's assistance will capture a lot of runoff before it reaches the marsh. She did not want to pass up that opportunity. Councilmember L. Johnson appreciated Councilmember Distelhorst raising the issue of environmental justice. She hoped with this funding, the City would put emphasis on underserved communities. It was stated that some neighborhoods installed their own rain gardens, something that may be harder for some. She emphasized the importance of environmental justice in the allocation of these funds. Councilmember Olson expressed support for retaining these funds. She hoped if there were more businesses and individuals in crisis than anticipated, the City would keep this funding in mind specifically for reallocation. Amendment 4A COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND BY REDUCING THE AMOUNT BY HALF TO $500,000 AND MOVE THE REMAINING $500,000 INTO SMALL BUSINESS SUPPORT FOR TOTAL A TOTAL OF $1.125M. Councilmember K. Johnson commented this is important but it is not the highest importance and there needs to be more support for small businesses. Councilmember Fraley-Monillas said she will oppose this amendment for reasons previously stated. In addition, the County has indicated the State will be providing more money to small businesses and nonprofits. However, there is no money from the County or State for green streets, rain gardens or other environmental projects. She agreed with Councilmember Olson, if it looks like money is needed, funds could be reallocated. Councilmember L. Johnson pointed out the discussion is related to recovering from a pandemic which has been a crisis, but there has been an environmental crisis forever and that can keeps getting kicked down the road. While the environmental crisis may be slower moving, the can has been kicked for so long that it is now at the front door and should not be ignored. She made the case that green streets and rain gardens were equally as important and the implications of not addressing it are beyond what can be imagined. The environment is a crisis and she supported what Edmonds can do to address it. Edmonds City Council Draft Minutes July 20, 2021 Page 17 Packet Pg. 20 6.1.a Councilmember Olson commented one of the things in the legislation as a possible use of the funds was mental health and addiction. COVID has taken a toll and there is nothing in the proposal related to that. She was uncertain if that should be discussed in the context of this amendment or if funds for that need should be a separate discussion. She asked if the administration had a reason for not including that. Mayor Nelson encouraged Councilmembers to keep their discussion related to the amendment. Mr. Doherty said the quick answer is the City is aggressively moving forward with a social worker and human services funding to agencies. Funding was not included in this proposal as the intent was to allow those programs to address mental health, substance abuse and other issues related to social services. Councilmember Buckshnis agreed there is an environmental crisis. She has been on WRIA 8 and Puget Sound Partnership for 11 years. She agreed with the $500,000 reduction, emphasizing a number of the accounts/categories could use more money as opposed to putting aside $lM for green streets and rain gardens when they can be funded via grants from Snohomish County Conservation District. She supported reducing the amount for green streets and rain gardens, and wanted to increase funding for other categories. Action on Amendment 4A UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Action on Amendment 4 UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Amendment 5 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND SECTION C.3, WITHOUT CHANGING TOTAL AMOUNT, AUTHORIZE 100 GRANTS AT $5,000 EACH IN 2021. Councilmember K. Johnson explained this would provide the maximum opportunity to help businesses; 114 business were served in 2020 and she anticipated an equal amount served in 2021 and only those who had already received $5000 would not be eligible. Councilmember Fraley-Monillas asked about the current proposal. Mr. Doherty it is currently 50 grants up to $10,000 each in 2021 and 25 grants up to $5,000 each in 2022 which recognizes as businesses recover, the need should diminish after 2021. If the Council approved the amendment and did not provide 100 $5000 grants, Councilmember L. Johnson asked if it could be opened up to $10,000 grants or would the funds be held to provide more grants in 2022. Mr. Doherty said if the amendment was approved, $10,000 grants would not be possible. Councilmember L. Johnson said before she could support the amendment, she needed more specifics. She assumed there was some metric for the administration choosing 50 at $10,000. If $5000 grants were not provided to 100 businesses, she questioned how those funds would be used for small business support. Mr. Doherty said many, many businesses in Edmonds have seen support. As the Economic Development Commission discussed, most businesses who understood the availability of support received a fair amount. It is believed a small number, such as 50, may have not understood the availability or applied in time. A few businesses did not qualify last year due to the criteria regarding length of time in business which is not proposed for the ARP funds. It is also believed that $10,000 to a smaller number of businesses would provide more support to those that did not receive support. Edmonds City Council Draft Minutes July 20, 2021 Page 18 Packet Pg. 21 Councilmember Distelhorst observed last year's program approved up to $10,000, but due to the need, grants were reduced to $8,000 so more grants could be provided. Mr. Doherty said that is the reason for the language "up to $10,000." Due to the number of grant applications last year, the amount was reduced slightly to $8,000 to cover more businesses. The intent with this funding is to provide grants close to $10,000. Councilmember Distelhorst observed if the need was greater, there is some flexibility. Council President Paine observed the ordinance states, "...totaling up to 50 participants at $10,000 each in 2021..." She asked if the intent was up to 50 participants or up to $10,000. Mr. Doherty relayed the ordinance should state, "...totaling up to 50 at up to $10,000 each in 2021..." Action on Amendment 5 UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Councilmember Olson referred to the category of Tourism Support in the Edmonds Rescue Plan Business Support and increasing tourism promotion while there are difficulties with staffing hospitality of all kinds. She suggested using some of the General Business Support to provide bonuses to keep businesses staffed. She suggested specifying that the tourism support be provided to arts and culture nonprofits such as the Edmonds Center for the Arts, the Arts Festival, etc. which bring people to town to visit businesses. Promoting nonprofits helps them and tourism will occur as a byproduct of their advertising. Mr. Doherty agreed a lot of the events occur associated with nonprofits but not all and certainly not all the activities such as whale watching excursions, restaurants, etc. This proposal is to promote all of Edmonds and to do more than can be done with the relatively small amount of lodging tax funds. The City has very low lodging tax revenue compared to other cities and the tourism support was intended to help augment advertising to get the word out. He did not want to limit what could be done with advertising and promotion and because so much of what occurs in the City is the result of nonprofits, they will benefit substantially from the proposal. Amendment 6 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND TO REDUCE GREEN STREETS AND RAIN GARDENS TO $500,000 AND ADD $250,000 TO ACCOUNT E, EDMONDS RESCUE PLAN JOB RETRAINING PROGRAM, AND $250,000 TO ACCOUNT D, EDMONDS RESCUE PLAN NONPROFIT ORGANIZATION SUPPORT. Councilmember Buckshnis commented both of those accounts need more funding and it can be changed in the future. She reiterated there are other grant resources for rain gardens. Councilmember Olson raised a point of order, whether that was the same motion as before. Mr. Taraday answered this motion is slightly different than the previous motion; they both take $500,000 out of the Green Streets and Rain Gardens fund, but the reallocation is different. Councilmember Fraley-Monillas said she was not interested in this reallocation. Action on Amendment 6 UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Amendment 7 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO REMOVE IN ACCOUNT C, SECTION 3.C, "BUSINESSES MUST NOT HAVE Edmonds City Council Draft Minutes July 20, 2021 Page 19 Packet Pg. 22 RECEIVED MORE THAN $5,000 IN OTHER GRANTS, CREDITS OR FINANCIAL ASSISTANCE." Councilmember Olson said $5,000 is arbitrary; some businesses have a lot of overhead and others do not have as much. A set dollar amount does not consider those variables. She supported removing this section. She asked how the need would be assessed, expressing support for helping viable businesses damaged by COVID who can survive with help. Mr. Doherty said it is important to have a number because a lot of businesses have received a fair amount of support via tax credits, direct grants from the City, State and County, etc. and they would potentially qualify if they experienced a 50% loss in revenue. Removing the amount would open the funding to more businesses, sending the message that there is more support than there really is. The intent was to focus on businesses that had not been assisted last year. Action on Amendment 7 COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Buckshnis said she wanted to ensure small businesses received funding. She recognized many businesses received assistance, but they still need more. She knew of a person who had to turn down a scholarship because he had to work in his parents' business. She asked how funds could be provided to businesses that received assistance but needed more. Mr. Doherty assured there will be more opportunity for assistance than just the City. The County, State, Economic Alliance of Snohomish County, etc. will all offer grants again. Councilmember Buckshnis referred to Section D that states, "Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities." She recalled language issues related to the availability of grants in the past. Councilmember Fraley-Monillas asked how many businesses there were in the City including home businesses. City Clerk Passey answered there are approximately 3,500-4,000 on the books but far more are operating that the City does not capture. Councilmember Fraley-Monillas observed if there were 3,000 businesses in Edmonds, a lot of them are home businesses which have the same issues as more visual businesses. She suggested a robust contact of all businesses in Edmonds to see who needs assistance. She knew of some home businesses that had gone out of businesses during the pandemic for a variety of reasons. There are many more businesses than the ones people see, there are businesses in the neighborhoods that people may not be aware of. Mr. Doherty said a postcard was sent to all businesses last year in five languages and he anticipated that would be done again this year. Councilmember Fraley- Monillas said due to information in the nationwide media, everyone has a better understanding of the availability of grants. She hoped some of the businesses that were not as visible would seek assistance. Amendment 9 A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS MOVED AND SECONDED, TO AMEND TO REDUCE GREEN STREETS AND RAIN GARDENS BY $300,000 AND MOVE IT TO THE EDMONDS RESCUE PLAN JOB RETRAINING PROGRAM. Councilmember Buckshnis said the Edmonds Rescue Plan Job Retraining Program was underfunded, it provides a wonderful opportunity, and the additional funds would bring the total close to $1M. Action on Amendment 8 UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Amendment 9 Edmonds City Council Draft Minutes July 20, 2021 Page 20 Packet Pg. 23 COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND SECTION 4.C.3 TO READ, "...TOTALING UP TO 50 AT UP TO $10,000 EACH IN 2021...". Action on Amendment 9 AMENDMENT CARRIED UNANIMOUSLY. Action on Main Motion UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBER BUCKSHNIS VOTING YES; COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. 2. 2021 ARPA BUDGET AMENDMENT ORDINANCE Finance Director Dave Turley explained the ordinance is a budget amendment to provide authorization for the administration to spend the money that the Council discussed in the previous agenda item. The ordinance that Mr. Doherty presented was a plan for how to spending the ARPA money; this ordinance is the authority to spend it. The effect on the budget would be $5,946,550 in revenue to the City and the exact same amount in expenses. Staff s recommendation is a motion to approve the ordinance as included in the packet. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4221 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Councilmember Buckshnis asked if a new Fund 142 had been created. Mr. Turley explained the CARES Fund last year was 142; it was renamed as part of the ordinance approved in the previous agenda item. The CARES Fund was in the 2020 budget which has expired. For clarity sake, the fund name was changed but the purpose is nearly identical so the fund number was retained. MOTION CARRIED UNANIMOUSLY. Mayor Nelson declared a brief recess. 3. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE Council President Paine introduced this item, advising City Clerk Scott Passey prepared the staff report. This has been before the Council several times. Mr. Passey relayed there was a lot of information in packet so he will highlight the background and context. With regard to the history, in 2013 the Council adopted a resolution stating the Council will follow Robert's Rules of Order for the conduct of Council meetings. In December 2013, the Council adopted another resolution adopting a Code of Conduct that applied to Council, boards, commissions and work groups. In 2015, the Council adopted a standalone Code of Ethics that applied to elected officials and appointed City volunteers. In January 2021, the Council adopted a new Code of Conduct that applies exclusively to the City Council. That Code of Conduct has been incorporated into the draft Rules of Procedure as Section 6 to consolidate all applicable rules and Code of Conduct into a single document. Mr. Passey explained the draft Rules of Procedure have been edited and refined since first introduced in 2020 when the Council was presented a draft and asked to provide proposed changes. At that time, some Councilmember provided changes, most of which were minor and helped clarify existing points. A few Edmonds City Council Draft Minutes July 20, 2021 Page 21 Packet Pg. 24 6.1.a other changes proposed completely different policies or procedures; prior drafts of the Rules of Procedure in Council packets last year included all the proposed changes. In the version in tonight's packet, he chose to omit what he considered the more controversial items and allow Councilmembers to propose amendments in the regular course of the legislative process. The draft in the Council packet represents his recommendation to Council. He did not intend to speak again to the value of having comprehensive Rules of Procedure and was happy to respond to any questions. As she stated when this arose in spring 2020, Councilmember L. Johnson said she would have found this extremely helpful as an incoming Councilmember and it would be helpful for anyone considering serving on City Council as well as to inform citizens' expectations. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REPEALING RESOLUTION NO. 1295 ADOPTING ROBERT'S RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS, AND ESTABLISHING COMPREHENSIVE RULES OF PROCEDURE AND CODE OF CONDUCT FOR THE CITY COUNCIL. Councilmember Buckshnis found the motion very premature as the Council had not yet had a discussion. She was uncertain what information had been removed and whether or not there was a working group that worked on the Rules of Procedure. She expressed concern with attempting to push this through as a procedural issue when there were so many other issues facing the Council such as the emergency ordinance. This is a very detailed document and she was concerned with introducing a motion to approve it at 9:45 p.m. She found it very perplexing that the Council was interested in passing it instead of having a discussion. She did not support passing the resolution and wanted to know what Councilmembers had proposed, what had been included and removed from the rules, how the rules were developed, etc. She was also concerned with having only 15 minutes remaining in the meeting to discuss this when it was scheduled for 45 minutes. Councilmember Olson asked if the maker of the motion intended that the Council would vote on this tonight. Councilmember L. Johnson commented this first came to Council in the spring, it was agreed to delay it for 3 weeks and bring it back to Council. There has been quite a bit of time to review the rules and ask questions. Many Councilmembers have spoken to the need for Rules of Procedure so it was her intent to take it seriously and to consider moving forward. With the response from Councilmember L. Johnson, Councilmember Olson said she agreed with Councilmember Buckshnis' protest and asked the Council not to vote on this tonight. She was one of the Councilmembers who submitted changes that were not included in the rules in the packet and with only 15 minutes remaining, she would not have the time and opportunity to explore them. Since nearly a year has passed since Councilmembers provided that feedback, she suggested staff provide the changes that Councilmembers submitted so those proposals were not lost in the interim. She wondered if there was a better method for keeping track of past submittals. Council President Paine said the Rules of Procedure have been on and off the Council's agenda for the last year plus. The changes are not that significant and Councilmembers have had an opportunity to review them, ask questions and develop amendments throughout the process. She did not have a problem with approving the rules today, acknowledging there had not been much discussion but the Council needed to start making decisions. Councilmember Distelhorst recalled the last time this came to Council was April 20 when the Council voted to delay 3 weeks until May 4. He supported delaying it at that time to provide Councilmembers time to work on it. It has now been close to 18 months since the Council first saw the Rules of Edmonds City Council Draft Minutes July 20, 2021 Page 22 Packet Pg. 25 6.1.a Procedures. He thanked Mr. Passey for his work on this and for incorporating the Council's feedback. Due to it now being 9:46 p.m., he suggested if this were delay to next week, it be at the top of the agenda and that Councilmembers do their review ahead of time so that more clear process and procedure could be added to the Council's work. Councilmember Fraley-Monillas agreed with Councilmember Distelhorst. She was exhausted from the last item and feared if the Council continued reviewing the rules, they would not make good decisions. She agreed moving it to the top of next week's agenda would be reasonable and would give Councilmembers a week to review it and draft amendments. The rules have been worked on since she was Council President in the winter of 2020. Mr. Passey pointed out the two public hearings next week take priority so it would need to be later on the agenda. Councilmember Fraley-Monillas agreed the public hearings should be done first but the Rules of Procedure should follow immediately. Councilmember Olson referred to a public comment tonight that there was no section for items that require a unanimous vote. She asked if that could be incorporated by next week. Mr. Passey answered it could if that was the will of the Council. Councilmember Fraley-Monillas raised a point of order, suggesting that would be an amendment to the motion. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO AMEND TO INCORPORATE A SECTION FOR ITEMS REQUIRING A UNANIMOUS VOTE. Councilmember Olson agreed items requiring a unanimous vote was a different process so it would be a good addition to the Rules of Procedure. Councilmember Buckshnis pointed out in April, the Council did not discuss the rules and even though it has been on the agenda many times, the Council has never really reviewed the rules. She asked who helped develop the Rules of Procedure, recalling Councilmember Fraley-Monillas' comment that Edmonds was different than Edmonds. She recalled the Code of Conduct was developed by a committee comprised of Councilmembers Olson, L. Johnson and Distelhorst. The Rules of Procedure have been around since it was brought up by Councilmember K. Johnson that the Council follow Robert's Rules of Order. It is not that the Council has been avoiding this but there are more pressing issues and generally Councilmembers should know how to operate because they all were business people who learned common sense, kindness and how to conduct business. She reiterated her interest in how the rules were created and which the amendments were removed because they were controversial. Mayor Nelson cautioned Councilmembers to keep comments related to the amendment. Councilmember Distelhorst asked if votes that require unanimous affirmation are regulated under RCW. City Attorney Jeff Taraday answered both RCW and case law. Councilmember Distelhorst asked the maker of the motion whether the if intent was to research that and develop language around the RCW and case law or to incorporate the language that was just stated. Councilmember Olson said she would leave that to Mr. Passey, but even referencing the applicable RCW would be helpful. Mr. Passey said the rules have many footnotes and references to existing statutes and governing laws. Something could be added to the rules with a footnote to the RCW. Councilmember Distelhorst expressed support for that. Councilmember Fraley-Monillas said she thought the Council had agreed to take this up next week. She did not want staff making amendments based on opinions; it needs to be done via amendment. She recalled she was charged with creating a subcommittee and did not understand the point of discussing who was on it. Mayor Nelson requested Councilmembers focus their discussion on the amendment. Edmonds City Council Draft Minutes July 20, 2021 Page 23 Packet Pg. 26 COUNCILMEMBER FRALEY-MONILLAS CALLED THE QUESTION. VOTE ON THE CALL FOR THE QUESTION CARRIED (6-1); COUNCILMEMBER K. JOHNSON VOTING NO. UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS K. JOHNSON, DISTELHORST, AND OLSON VOTING YES; COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND AN EXTRA 10 MINUTES TO 10:10 P.M. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO POSTPONE TO THE NEXT MEETING. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE MINUTES 10. COUNCIL COMMENTS Councilmember L. Johnson said she wanted to take this opportunity to thank the entire City staff for everything each of them have taken on during the pandemic and shut down to keep the City running and to get the City where it is today after 16 months to meet fairly safety in person. She recognized the City for the quick pivot from the traditional model to one that proactively prioritized public health and used shift scheduling to reduce exposure and ensure that enough critical staff would be available to keep essential functions up and running. She appreciated those whose positions required they remain working in person to keep the City running which often meant they risked exposure for themselves and their family so the City could remain safe and functioning. She appreciated those who made room at home to telecommunicate which often meant hushing children, pets and sometimes partners who were home with them 24/7. In addition to their City work, many had to juggle sudden, unexpected, increased responsibilities like homeschooling, and increased diligence and attention necessary to protect the mental and physical wellbeing of family members. Much of what they had to do to accommodate was unseen and unrecognized and all too often they only heard complaints, but not appreciation. She wanted staff to know they were very, very much appreciated. Councilmember Olson thanked Councilmember L. Johnson for saying that on behalf of all Councilmembers. She has been watching the national scene regarding COVID, specifically Los Angeles who is returning to a mask mandate and Springfield, Illinois, who is overwhelmed by the highly contagious Delta variant. For those who have been waiting to ensure the vaccines are safe, there has been time to watch and see that they are. For those thinking that we are out of the woods and there is no need to be vaccinated, she assured we are not out of the woods. She urged the public to consider getting vaccinated now, tomorrow, this week, before it overwhelms the community like it has some areas. It is for the protection of the young and otherwise vulnerable who cannot get vaccinated as well as for themselves, to avoid another mask mandate, to keep schools and businesses open, and to protect the economy. She thanked those who have already gotten vaccinated and those who still can and will for the community's sake. Councilmember Olson reported the patience and persistence of the volunteer environmental stewards is paying off. Following a community meeting with WSDOT a couple weeks ago, permission has been granted to start work parties to remove the invasive nightshade growth from the Edmonds and Shellabarger Marsh along SR-104, growth that is responsible for sediment buildup that obstructs flow and contributes to flooding in the Harbor Square area. This will be a highly labor intensive effort and the community's help is actively sought. Volunteers can contact Joe Scordino at Joe.Scordino@Yahoo.com Edmonds City Council Draft Minutes July 20, 2021 Page 24 Packet Pg. 27 6.1.a for a volunteer application and work party schedule. She will personal be there and looked forward to seeing others. Councilmember Buckshnis said people can also email her and she will forward it to Mr. Scordino. This is extremely exciting news and she cited numerous volunteer parties that have occurred in the past. WSDOT has offered a backhoe to pull the fence out. She congratulated the Milwaukee Bucks for winning the championship. Council President Paine welcomed everyone back, commenting it was good to be back in person. She pointed out there are different notices on the doors, one for the Council Chambers and another for the Court. She encouraged the public to enjoy summer activities safely, from Sea Jazz at the Port to the Uptown Market as well as the Arts Festival and many other activities. The variants are in the community and she did not want to test the extent of protection provided by the vaccines. She echoed Councilmember L. Johnson's thanks to City staff. Councilmember Fraley-Monillas explained she and others on the dais were wearing masks because a Councilmember had been around unvaccinated people which she felt was a very dangerous position to be in. The Health District is expecting a fifth wave to hit in October as a result of the Delta variant and they and other organizations are considering who it will affect and the death rate. She encouraged everyone to get vaccinated. Councilmember Fraley-Monillas reported Snohomish County is return to work in small, hybrid sections and the County Council has not returned to the dais. The Health District is also returning to work in small numbers, an important signal that people need to be vigilant in the coming months, particularly when school starts and unvaccinated children will be in school with vaccinated children. She relayed a warning from the Snohomish County Health District related to high levels of poisons in shellfish harvested off Puget Sound due to water temperatures. She described symptoms that may last 2-3 days and start between 4 hours to 4 days after eating contaminated shellfish. Councilmember Fraley-Monillas said she was absent from last week's Council meeting and unable to vote on Civic Park due to caring for a family member following surgery. If she had been present, she would have voted yes on the Civic Park contracts. Her initial response regarding Civic Park was intentional because she wanted to begin a discussion about fairness in different areas of Edmonds, but City was way too far down the road with Civic Park to back up. There are 46 parks in Edmonds, 1 of which is on the east side with a few parking spaces. She appreciated Councilmember L. Johnson's statements last week regarding the differences between parks in east Edmonds and the Bowl. She received a number of contacts from citizens, one saying residents in east Edmonds could visit parks in Mountlake Terrace, Lynnwood and Shoreline and did not need parks in their neighborhood. A former Councilmember said residents could drive to visit parks. She referred to Natalie Seitz' public comment tonight, explaining she lives in an area that requires crossing seven lanes of traffic to reach a county park. The Council believes in representing all of Edmonds, but needs to take steps to equalize what occurs in east Edmonds and in the Bowl. A MOTION WAS MADE BY COUNCIL PRESIDENT PAINE AND SECONDED TO EXTEND TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Distelhorst thanked Councilmember L. Johnson for her comments regarding City staff. He too appreciated all the work staff has done during the pandemic, for residents and to get Council back in person. Case rates are on the rise, almost at the peak of initial lockdown in March 2020, taking into account that over 60% of Snohomish County residents are vaccinated. He encouraged unvaccinated individuals to get vaccinated; the United States is one of the few privileged countries in the world to have vaccines readily available and there is no reason not to get vaccinated to take care of the community. Edmonds City Council Draft Minutes July 20, 2021 Page 25 Packet Pg. 28 6.1.a Councilmember Distelhorst thanked the Diversity Commission, Mayor Nelson and Mr. Doherty for getting the new anti -hate, bias and discrimination portal up on the City's website. As the liaison to the Diversity Commission, this issue was discussed multiple times by the commission and with community members who did not feel they had a place to report instances that may not arise to a criminal nature. He has discussed with the Diversity Commission and Mr. Doherty upgrades to ensure it is fully accessible and that its availability is robustly communicated to the community. He remarked it was nice to see everyone back in person. Councilmember K. Johnson commented it was nice to be back in person and to see audience members and staff in 3D. She encouraged the public to do their best to remain social distanced, get vaccinated and to stay safe. Student Representative Roberts recognized getting the Council back to in -person meetings was a big team effort. Echoing Councilmember L. Johnson, he thanked City staff, healthcare workers and everyone who adjusted and adapted. Although adjustments have been made, COVID is not over yet. He encouraged the public to get vaccinated if they can if they haven't already and to make safe choices because he along with many others want to be back in school in September. if�u RVO) Y.Y41130V lu M OQ1 V Mayor Nelson agreed it was wonderful to be back in person with Council, staff and audience members. He thanked staff for making it making it possible and relatively pain free. He agreed we are not out of the woods yet regarding COVID. The data from late May/early June indicated Edmonds zip codes are in the top 1-2 in Snohomish County for the highest vaccination rates, mid-70% and probably higher now. The current rate is 108/100,000; when Washington reopened it was in the 60s but has been going up for the last several weeks and is on track for a fifth wave. There are many citizens in Edmonds, Snohomish County, Washington, the United States and the world who need to get vaccinated. The latest data indicates 98% of the people hospitalized and dying of COVID are unvaccinated so clearly vaccinations save lives. He urged the public to get vaccinated. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:13 p.m. Edmonds City Council Draft Minutes July 20, 2021 Page 26 Packet Pg. 29 6.2 City Council Agenda Item Meeting Date: 07/27/2021 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #248209 through #248299 dated July 22, 2021 for $910,575.83 (re -issued checks #248216 $161.69 & #248237 $554.40). Approval of payroll check #64764 dated July 14, 2021 for $598.41, direct deposit and checks #64765 through #64768 for $626,182.06, benefit checks #64769 through #64774 and wire payments of $604,567.40 for the pay period July 1, 2021 through July 15, 2021. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 07-22-21 FrequentlyUsedProjNumbers 07-22-21 payroll summary 07-14-21 payroll summary 07-20-21 payroll benefits 07-20-21 Packet Pg. 30 6.2.a vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248209 7/22/2021 076040 911 SUPPLY INC Voucher List City of Edmonds Invoice PO # Description/Account INV-2-11143 INV-2-141143 - EDMONDS PD - DUN POLO SHIRT 001.000.41.521.22.24.00 PATROL RAIN PANTS 001.000.41.521.22.24.00 BIANCHI INNER DUTY BELT 001.000.41.521.22.24.00 CLIP ON TIE 001.000.41.521.22.24.00 FT MENS 8" DUTY BOOTS - SZ 9 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 INV-2-11316 INV-2-11316 - EDMONDS PD - DUNE MENS 6 PKT PANTS 001.000.41.521.22.24.00 BLAUER 8446 - S/S SHIRT 001.000.41.521.22.24.00 BLAUER 8436 - US SHIRT 001.000.41.521.22.24.00 NAME TAPES - 6 001.000.41.521.22.24.00 BLAUER TRAFFIC VEST W/HEATPF 001.000.41.521.22.24.00 BLAUER TACSHELL JACKET 001.000.41.521.22.24.00 SEAM SEAL PATCH 001.000.41.521.22.24.00 JACKET NAME TAPE 001.000.41.521.22.24.00 BELT KEEPERS 001.000.41.521.22.24.00 2 NAME TAPES 001.000.41.521.22.24.00 Page: 1 aD L 3 c �a .y Amoun 0 a m U d 31.9� :a N 99.9� m 21.9c v m 9.9� d M 129.9� �a 29.6� o �a a 104.9� E ca 239.9 -,- 0 269.9, > 0 L Q 48.0( Q 69.9� N N 244.9� 0 10.0( 8.0( c 13.9� E t U 16.0( Q Page: 1 Packet Pg. 31 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 2 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 248209 7/22/2021 076040 911 SUPPLY INC (Continued) 0 VELCRO - 2 001.000.41.521.22.24.00 10.0( U SAFARILAND ID PANEL L 001.000.41.521.22.24.00 10.0( 10.1 % Sales Tax 001.000.41.521.22.24.00 105.61 INV-2-11468 INV-2-11468 - EDMONDS PD - INVEI v 4 OC SPRAY POUCHES - 25376 001.000.41.521.22.31.00 91.9E c 4 OC SPRAY POUCHES - 24051 001.000.41.521.22.31.00 91.9E 10.1 % Sales Tax 001.000.41.521.22.31.00 18.5£ o Total: L 1,677.61 a 248210 7/22/2021 065052 AARD PEST CONTROL 47146 PARK MAINT PEST CONTROL CUSI PARK MAINT PEST CONTROL CUS 001.000.64.576.80.41.00 125.0( u 10.4% Sales Tax o 001.000.64.576.80.41.00 13.0( Total: 138.0( o a 248211 7/22/2021 076230 AARDVARK PIN12615 INV PIN12615 - CUST LYNNWOODF Q' Q DRONE W/EXTRAS - SWAT 628.000.41.589.40.31.00 8,990.0( c� Freight N 628.000.41.589.40.31.00 75.0( rl- 10.5% Sales Tax 628.000.41.589.40.31.00 942.7E E Total: 10,007.7E 2 248212 7/22/2021 000850 ALDERWOOD WATER DISTRICT 10834 MONTHLY WHOLESALE WATER Cl- MONTHLY WHOLESALE WATER Cl- E 421.000.74.534.80.33.00 253,908.0( U �a Q Page: 2 Packet Pg. 32 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 248212 7/22/2021 000850 000850 ALDERWOOD WATER DISTRICT (Continued) 248213 7/22/2021 071634 ALLSTREAM 17612448 248214 248215 248216 248217 7/22/2021 064399 ALPHAGRAPHICS 395970 7/22/2021 001375 AMERICAN PLANNING ASSOCIATION 180853-2174 7/22/2021 077130 ANDERSON, KIM 7/22/2021 069751 ARAMARK UNIFORM SERVICES 342759-2174 02/26/2020 REIMBURSE 656000075731 656000075739 Description/Account Total C/A 768328 PR1-1 & 2 City Phone Service 512.000.31.518.88.42.00 Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 Total 2021 BUDGET IN BRIEF REPORTS 2021 Budget in Brief Report printing 001.000.31.514.23.41.00 10.4% Sales Tax 001.000.31.514.23.41.00 Total APA MEMBERSHJPS FOR KERNEN APA Membershjps for Kernen Lien 001.000.62.558.60.49.00 APA MEMBERSHIPS FOR AMBER G APA memberships for Amber Groll 001.000.62.558.60.49.00 Total CLAIM FOR EXPENSES - DADDY Dj REIMBURSE FOR DADDY DAUGHT 001.000.64.571.22.31.00 Total WWTP:7/14/21 UNIFORMS,TOWEL Mats/Towels $47.88 + $4.98 tax 423.000.76.535.80.41.00 3 lab coats @ $17.each = $0.51 + 3 423.000.76.535.80.24.00 PARKS MAINT UNIFORM SERVICE 6.2.a Page: 3 aD L 3 c �a Amoun y 0 253,908.0( 0 U d L_ 1,344.9< N 11.0" y t U 11.0" 1,366.9E c d c �a 299.1 - — 0 31.1- a 330.2: E U 420.0( o 0 0 a 361.0( Q- 781.0( Q N N N 161.6� o 161.65 E 2 U 52.8E (D E t Q Page: 3 Packet Pg. 33 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248217 7/22/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 10.4% Sales Tax 001.000.64.576.80.24.00 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 656000075743 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.4% Sales Tax 001.000.66.518.30.24.00 656000077842 PUBLIC WORKS OMC LOBBY MATE PUBLIC WORKS OMC LOBBY MATE 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 10.4% Sales Tax 001.000.65.518.20.41.00 10.4% Sales Tax 111.000.68.542.90.41.00 10.4% Sales Tax 421.000.74.534.80.41.00 10.4% Sales Tax 422.000.72.531.90.41.00 10.4% Sales Tax 423.000.75.535.80.41.00 10.4% Sales Tax 511.000.77.548.68.41.00 6.2.a Page: 4 aD L 3 c �a Amoun N 0 a m 6.31 U 61.1E N m z 29.5E U 3.01 c aD M c 1.6- 0 6.1- `5% M a 6.1- 6.1- u 0 6.1- > 0 L 6.0£ a Q 0.1 N N 0.6, N ti 0 0.6, E M 0.6, c 0.6z E t 0.6- Q Page: 4 Packet Pg. 34 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 5 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248217 7/22/2021 069751 ARAMARK UNIFORM SERVICES (Continued) 656000077844 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 9.2� FLEET DIVISION MATS 511.000.77.548.68.41.00 19.1( 10.4% Sales Tax 511.000.77.548.68.24.00 0.9 1 10.4% Sales Tax 511.000.77.548.68.41.00 1.9� Total: 221.35 248218 7/22/2021 071124 ASSOCIATED PETROLEUM 0355248-IN WWTP: 7/6/21 DIESEL FUEL ULSD #2 DYED - BULK fuel (include 423.000.76.535.80.32.00 2, 456.0 10.4% Sales Tax 423.000.76.535.80.32.00 255.4E Total : 2,711.4E 248219 7/22/2021 001801 AUTOMATIC WILBERT VAULT CO 72809 ROUGH BOX - NATHANS ROUGH BOX - NATHANS 130.000.64.536.20.34.00 627.0( 72984 ROUGH BOX - ANDREEVA ROUGH BOX - ANDREEVA 130.000.64.536.20.34.00 627.0( Total : 1,254.0( 248220 7/22/2021 078066 BABCOCK, SUE 7/20/2021 CLAIM FOR EXPENSES REIMBURSEMENT FOR PURCHASE 130.000.64.536.50.31.00 115.7( Total: 115.7( 248221 7/22/2021 066673 BILLS BLUEPRINT INC 627288 EOMA BLUEPRINTS EOMA BLUEPRINTS 332.100.64.594.76.41.00 339.8f 10.4% Sales Tax Page: 5 Packet Pg. 35 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 6 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248221 7/22/2021 066673 BILLS BLUEPRINT INC (Continued) 332.100.64.594.76.41.00 35.3E Total: 375.Z 248222 7/22/2021 074307 BLUE STAR GAS 1251034 FLEET - AUTO PROPANE 598.20 GF FLEET - AUTO PROPANE 598.20 GF 511.000.77.548.68.34.12 1,040.6( 1259947 FLEET - AUTO PROPANE 584.30 GF FLEET - AUTO PROPANE 584.30 GF 511.000.77.548.68.34.12 1,142.2� Tota I : 2,182.85 248223 7/22/2021 072571 BUILDERS EXCHANGE 1069507 EOFB INVITATION TO BID EOFB INVITATION TO BID 422.000.72.594.31.41.00 45.0( Total : 45.0( 248224 7/22/2021 076240 CADMAN MATERIALS INC 5772991 ROADWAY - ASPHALT & ASPHALT E ROADWAY - ASPHALT & ASPHALT 1 111.000.68.542.31.31.00 356.1 10.1 % Sales Tax 111.000.68.542.31.31.00 35.9 , Total : 392.0F 248225 7/22/2021 018495 CALPORTLAND COMPANY 95104474 STREET - 5.5 SK 3/8 AEA STREET - 5.5 SK 3/8 AEA 125.000.68.542.61.31.00 663.3z 10.1 % Sales Tax 125.000.68.542.61.31.00 67.0( 95112641 STREET - 5.5 SK 3/8 AEA & EXP JOI STREET - 5.5 SK 3/8 AEA & EXP JOI 125.000.68.542.61.31.00 494.9E 10.2% Sales Tax 125.000.68.542.61.31.00 50.5( Tota I : 1,275.75 248226 7/22/2021 073029 CANON FINANCIAL SERVICES 27026760 CANON C2501 F Page: 6 Packet Pg. 36 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248226 7/22/2021 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) contract charge 7/2021 001.000.21.513.10.45.00 10.4% Sales Tax 001.000.21.513.10.45.00 27026761 BLD DIV COPIER PRINTER LEASE! Bld div copier printer lease SN: 001.000.62.524.10.45.00 10.4% Sales Tax 001.000.62.524.10.45.00 27026762 PLANNING DIVISION COPIER PRIN Planning Division copier printer lease 001.000.62.524.10.45.00 10.0% Sales Tax 001.000.62.524.10.45.00 27026763 P&R PRINTER IRC2501F CONTRAC' P&R PRINTER IRC2501F CONTRAC' 001.000.64.571.21.45.00 27026765 PARK MAINT IRC2501F COPIER COI PARKS IRC2501F COPIER CONTRAi 001.000.64.576.80.45.00 27026769 INV 27026769 - EDMONDS PD 7/21 -CONTRACT - WXD01878 001.000.41.521.10.45.00 10.4% Sales Tax 001.000.41.521.10.45.00 27026772 INV 27026772 - EDMONDS PD 7/21 CONTRACT - FAXBOARD 001.000.41.521.10.45.00 10.4% Sales Tax 001.000.41.521.10.45.00 27026773 ENG COPIER THRU 7/31/21 ENG COPIER THRU 7/31/21 001.000.67.518.21.45.00 27026774 DEV SERV COPIER/PRINTER - SN3 6.2.a Page: 7 a� L 3 c �a Amoun N 0 a m 26.4z u L 2.7E N m 32.3z u 3.3E c c 32.3z 0 L 3.3E a E 35.7( .i 0 29.1 � > 0 L Q a 185.7z Q 19.3, N N ti 0 36.0, 2 3.7E U c a� 279.8" E U �a Q Page: 7 Packet Pg. 37 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248226 7/22/2021 073029 CANON FINANCIAL SERVICES (Continued) Dev Sery copier/printer - SN3APO14, 001.000.62.524.10.45.00 10.4% Sales Tax 001.000.62.524.10.45.00 Tota I : 248227 7/22/2021 069813 CDW GOVERNMENT INC G323772 ADOBE ACROBAT PRO, INDESIGN, Adobe Acrobat Pro DC, Indesign Ent 512.000.31.518.88.48.00 10.4% Sales Tax 512.000.31.518.88.48.00 Tota I : 248228 7/22/2021 070144 CEDAR GROVE COMPOSTING INC 0000611488 EBFC: RAIN GARDEN SOIL EBFC: RAIN GARDEN SOIL 422.000.72.594.31.65.20 ENV FEE 422.000.72.594.31.65.20 9.8% Sales Tax 422.000.72.594.31.65.20 Total : 248229 7/22/2021 078329 COMPENSATION CONNECTIONS LLC 1671 WWTP MARKET STUDY WWTP MARKET STUDY 423.000.76.535.80.41.00 Total 248230 7/22/2021 075384 CONOM, DEREK 2899 COE V. MAYA ELESRAWI, NO. 1A03 COE V. MAYA ELESRAWI, NO. 1A03 001.000.22.518.10.41.00 2900 COE V. PAMELA POWERS, NO. 1AC COE V. PAMELA POWERS, NO. 1AC 001.000.22.518.10.41.00 Total 6.2.a Page: 8 Page: 8 Packet Pg. 38 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 248231 7/22/2021 075648 COVICH-WILLIAMS CO INC 0340488-IN FLEET - G01, G06, G12 - PARTS FLEET - G01, G06, G12 - PARTS 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Tota I : 248232 7/22/2021 073823 DAVID EVANS & ASSOC INC 491154 E21 DA SERVICES THRU 6/26/21 E21 DA SERVICES THRU 6/26/21 126.000.68.595.61.41.00 E21 DA SERVICES THRU 6/26/21 422.000.72.594.31.41.00 Tota I : 248233 7/22/2021 078415 DELEON, HUNTER J WMS DELEON WALKABLE MAIN STREET PERFOF WALKABLE MAIN STREET PERFOF 001.000.64.571.22.41.00 Total 248234 7/22/2021 006626 DEPT OF ECOLOGY KDOOP2 WWTP: KDUNN OPERATOR 2 CER- KDUNN OPERATOR 2 CERTIFICATI 423.000.76.535.80.49.71 Total 248235 7/22/2021 076319 DIAMOND MOWERS INC 0199180-IN UNIT 19 - PARTS/ BEARING UNIT 19 - PARTS/ BEARING 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 Tota I : 248236 7/22/2021 064531 DINES, JEANNIE 21-4101 CITY COUNCIL, PPWW, PSPP & FII` city council, ppw, pspp, finance 001.000.25.514.30.41.00 Tota I : 248237 7/22/2021 064531 DINES, JEANNIE 21-4092 CITY COUNCIL, PPW, PSPP, AND I 6.2.a Page: 9 Page: 9 Packet Pg. 39 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248237 7/22/2021 064531 DINES, JEANNIE (Continued) ppw, pspp, finance, and council meet 001.000.25.514.30.41.00 Tota I : 248238 7/22/2021 074006 EDMONDS EYECARE ASSOC 06142021 PRE -EMPLOYMENT EXAM BEN DUNHAM (PD) 001.000.22.521.10.41.00 Total 248239 7/22/2021 076610 EDMONDS HERO HARDWARE 2433 PM: DRILL BITS, PENS PM: DRILL BITS, PENS 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2442 PM: WINDSHIELD WASH, SPRAY P) PM: WINDSHIELD WASH, SPRAY P) 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2443 PM: BLADE SAW PM: BLADE SAW 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total 248240 7/22/2021 008705 EDMONDS WATER DIVISION 5-00080 IRRIGATION AT HWY 99/CITY LINE IRRIGATION AT HWY 99/CITY LINE 001.000.64.576.80.47.00 5-10351 INTERURBAN TRAIL INTERURBAN TRAIL 001.000.64.576.80.47.00 6-00025 MARINA BEACH PARK SPRINKLER MARINA BEACH PARK 001.000.64.576.80.47.00 6.2.a Page: 10 Page: 10 Packet Pg. 40 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248240 7/22/2021 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 6-00200 FISHING PIER & RESTROOMS FISHING PIER & RESTROOMS 001.000.64.576.80.47.00 6-00410 BRACKETT'S LANDING SOUTH SPF BRACKETT'S LANDING SOUTH SPF 001.000.64.576.80.47.00 6-00475 ANWAY PARK RESTROOMS ANWAY PARK RESTROOMS 001.000.64.576.80.47.00 6-01250 CITY PARK BALLFIELD SPRINKLER CITY PARK BALLFIELD SPRINKLER 001.000.64.576.80.47.00 6-01275 CITY PARK PARKING LOT CITY PARK PARKING LOT 001.000.64.576.80.47.00 6-01280 CITY PARK SPRAY PARK CITY PARK SPRAY PARK 001.000.64.576.80.47.00 6-02125 PINE STREET PLAYFIELD SPRINKL PINE STREET PLAYFIELD SPRINKL 001.000.64.576.80.47.00 6-02727 BOYS & GIRLS CLUB SPRINKLER BOYS & GIRLS CLUB SPRINKLER 001.000.64.576.80.47.00 6-02730 CIVIC CENTER PLAYFIELD SKATE I CIVIC CENTER PLAYFIELD SKATE I 001.000.64.576.80.47.00 6-02735 PUBLIC SAFETY COMPLEX 250 5TF PUBLIC SAFETY COMPLEX 250 5TF 001.000.66.518.30.47.00 6-02736 FIRE STATION #17 FIRE 275 6TH A� FIRE STATION #17 FIRE 275 6TH A� 001.000.66.518.30.47.00 6-02737 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 6.2.a Page: 11 aD L 3 c �a Amoun N 0 a m U m 967.3 N 852.2- 1,935.3( c aD 2,101.5, 0 L 2,449.61 a E 1,595.1 E u 4- 0 Ta 1,522.8z o CL a Q 328.2z N N N 314.2E c E 2,621.5< u c aD 13.5, E t U �a Q Page: 11 Packet Pg. 41 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248240 7/22/2021 008705 EDMONDS WATER DIVISION (Continued) 6-02738 6-02745 6-02825 6-02875 6-02885 6-02900 6-02925 6-03000 6-03275 6-03575 6-04127 6-04128 PO # Description/Account 001.000.66.518.30.47.00 PUBLIC SAFETY COMPLEX IRRIGA PUBLIC SAFETY COMPLEX IRRIGA 001.000.66.518.30.47.00 VETERANS PLAZA VETERANS PLAZA 001.000.64.576.80.47.00 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / � 001.000.66.518.30.47.00 FRANCES ANDERSON CENTER FIF FRANCES ANDERSON CENTER FIF 001.000.66.518.30.47.00 DOWNTOWN RESTROOM DOWNTOWN RESTROOM 001.000.64.576.80.47.00 FAC SPRINKLER FAC SPRINKLER 001.000.64.576.80.47.00 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 CIVIC CENTER PARKING LOT SPRI CIVIC CENTER PARKING LOT SPRI 001.000.64.576.80.47.00 HUMMINGBIRD HILL PARK SPRINKI HUMMINGBIRD HILL PARK SPRINKI 001.000.64.576.80.47.00 MAPLEWOOD PARK SPRINKLER MAPLEWOOD PARK SPRINKLER 001.000.64.576.80.47.00 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 FIRE STATION #16 FIRE 8429 196TF 6.2.a Page: 12 aD L 3 c �a Amoun N 0 a m 482.2f 'D U m L 988.9 N m 361.0z m c 5,071.9( c �a 23.7E o 0 �a a 620.4E U 45 2,324.3E 0 0 L 2,202.9, Q Q 635.1('� N N ti 0 203.0E E 2 U 382.0E c aD E 1,647.9z Q Page: 12 Packet Pg. 42 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 13 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 248240 7/22/2021 008705 EDMONDS WATER DIVISION (Continued) 0 m FIRE STATION #16 FIRE 8429 196TF 001.000.66.518.30.47.00 13.51 u 6-04400 SEAVIEW PARK SPRINKLER L SEAVIEW PARK SPRINKLER 001.000.64.576.80.47.00 314.2E 6-04425 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 729.6, 6-04450 SIERRA PARK SPRINKLER c SIERRA PARK SPRINKLER 001.000.64.576.80.47.00 711.7 1 6-05155 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH ; o 001.000.65.518.20.47.00 199.2E PUBLIC WORKS OMC 7110 210TH ; a 111.000.68.542.90.47.00 757.11 PUBLIC WORKS OMC 7110 210TH 421.000.74.534.80.47.00 757.1 z u PUBLIC WORKS OMC 7110 210TH : 0 423.000.75.535.80.47.10 757.1 , > PUBLIC WORKS OMC 7110 210TH ; o 511.000.77.548.68.47.00 757.1 , a PUBLIC WORKS OMC 7110 210TH ; Q 422.000.72.531.90.47.00 757.1 < r- 6-05156 PUBLIC WORKS OMC FIRE 7110 21 N PUBLIC WORKS OMC FIRE 7110 21 N 001.000.65.518.20.47.00 1.7( c PUBLIC WORKS OMC FIRE 7110 21 N 111.000.68.542.90.47.00 6.4z PUBLIC WORKS OMC FIRE 7110 21 422.000.72.531.90.47.00 6.4z PUBLIC WORKS OMC FIRE 7110 21 aD 421.000.74.534.80.47.00 6.4z t PUBLIC WORKS OMC FIRE 7110 21 U �a Q Page: 13 Packet Pg. 43 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248240 7/22/2021 008705 EDMONDS WATER DIVISION (Continued) 423.000.75.535.80.47.10 PUBLIC WORKS CIVIC FIRE 7110 21 511.000.77.548.68.47.00 6-06040 5 CORNERS ROUNDABOUT IRRIGF 5 CORNERS ROUNDABOUT IRRIGF 001.000.64.576.80.47.00 6-07775 MATHAY BALLINGER SPRINKLER MATHAY BALLINGER SPRINKLER 001.000.64.576.80.47.00 6-08500 YOST PARK SPRINKLER YOST PARK SPRINKLER 001.000.64.576.80.47.00 6-08525 YOST POOL YOST POOL 001.000.64.576.80.47.00 Total 248241 248242 7/22/2021 008812 ELECTRONIC BUSINESS MACHINES AR195918 AR196931 7/22/2021 069117 EMERALD SERVICES INC 86316356 ENG COPIER THRU 7/3/21 ENG COPIER THRU 7/3/21 001.000.67.518.21.45.00 10.4% Sales Tax 001.000.67.518.21.45.00 P&R COPIER USAGE: C57501 P&R COPIER USAGE: C57501: accot 001.000.64.571.22.45.00 10.4% Sales Tax 001.000.64.571.22.45.00 Total WWTP: METALS RECOVER FEE METALS RECOVER FEE 423.000.76.535.80.47.66 10.4% Sales Tax 423.000.76.535.80.47.66 6.2.a Page: 14 aD L 3 c �a Amoun N 0 a aD 6.4z 'D r U d 6.4< N 686.7E 1,184.2- c aD 1,687.0< 0 L 321.6E a 40,745.6, U 4- 0 77.9, 0 0 L 8.1- a Q 72.5z N N N 7.5z ti 0 166.1 f E 1,341.5( E 139.5, Q Page: 14 Packet Pg. 44 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 248242 7/22/2021 069117 069117 EMERALD SERVICES INC (Continued) 248243 7/22/2021 076219 ENDRESS + HAUSER INC 6002251716 248244 7/22/2021 009350 EVERETT DAILY HERALD Description/Account Total ; WWTP: PO 588 MICROPILOT FMR2 PO 588 MICROPILOT FMR20 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total EDH932177 ORDINANCE 4227 ordinance 4227 001.000.25.514.30.41.40 EDH932415 7/27/21 CC HEARING cc hearing 7/27 001.000.25.514.30.41.40 248245 7/22/2021 073133 EVERGREEN RURAL WATER OF WA 43617 248246 7/22/2021 071026 FASTSIGNS OF LYNNWOOD 248247 7/22/2021 009815 FERGUSON ENTERPRISES INC 443-32253 1003413 Total : KUHNHAUSEN, MATTHEWS & CLEI MATTHEWS & CLEMENS - HYDRAL 423.000.75.535.80.49.00 KUHNHAUSEN - THE VALUE OF RE 421.000.74.534.80.49.00 Total CEMETERY & COLUMBARIUM SIGI` CEMETERY & COLUMBARIUM SIGI` 130.000.64.536.50.31.00 10.5% Sales Tax 130.000.64.536.50.31.00 Total WATER - INVENTORY WATER - INVENTORY 421.000.74.534.80.34.30 6.2.a Page: 15 aD L 3 c �a Amoun y 0 1,481.0: 0 U d L_ 1,343.9, N 23.5, t U 142.2 - 1,509.6 d M c �a 16.8( — 0 �a a 36.4( 53.2( .E ca U 0 150.0( > 0 a 75.0( Q- 225.0( Q N N N 667.7E o 70.1 E 737.91 c aD E t 1,701.8, u Q Page: 15 Packet Pg. 45 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 16 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248247 7/22/2021 009815 FERGUSON ENTERPRISES INC (Continued) 10.4% Sales Tax 421.000.74.534.80.34.30 176.9� Total: 1,878.8E 248248 7/22/2021 009815 FERGUSON ENTERPRISES INC 9524133 WWTP: PO #623 WOG, SILVABRITE PO #623 WOG, SILVABRITE- 423.000.76.535.80.48.00 179.8' 10.4% Sales Tax 423.000.76.535.80.48.00 18.7( Total : 198.5: 248249 7/22/2021 072493 FIRSTLINE COMMUNICATIONS INC 169671 JUL-2021 SUPPORT SERVICES Jul-2021 Support Services 512.000.31.518.88.48.00 425.0( 10.4% Sales Tax 512.000.31.518.88.48.00 44.2( Total : 469.2( 248250 7/22/2021 012370 GREENSHIELDS INDUSTRIAL SUPPLY 108071 E189SO - PARTS/ COUPLING E189SO - PARTS/ COUPLING 511.100.77.594.48.64.00 245.0( 9.8% Sales Tax 511.100.77.594.48.64.00 24.0" Total : 269.01 248251 7/22/2021 012560 HACH COMPANY 12547328 WWTP: PO 580 ROSOLIC ACID PO 580 ROSOLIC ACID 423.000.76.535.80.31.00 504.9( 10.4% Sales Tax 423.000.76.535.80.31.00 52.5 Total : 557.41 248252 7/22/2021 012900 HARRIS FORD INC FOCS541200 UNIT 397 - SERVICE UNIT 397 - SERVICE 511.000.77.548.68.48.00 194.2E Page: 16 Packet Pg. 46 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 17 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248252 7/22/2021 012900 HARRIS FORD INC (Continued) 10.5% Sales Tax 511.000.77.548.68.48.00 20.4( Total: 214.6° 248253 7/22/2021 010900 HD FOWLER CO INC 15771709 WATER - PARTS WATER - PARTS 421.000.74.534.80.31.00 5,581.9( 10.4% Sales Tax 421.000.74.534.80.31.00 580.5- 15823659 SEWER - PARTS SEWER - PARTS 423.000.75.535.80.31.00 346.7z Freight 423.000.75.535.80.31.00 80.0( 10.4% Sales Tax 423.000.75.535.80.31.00 44.3E Total : 6,633.5: 248254 7/22/2021 067862 HOME DEPOT CREDIT SERVICES 1015955 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 53.0� 10.3% Sales Tax 001.000.66.518.30.31.00 5.4, 2015888 CITY HALL - SUPPLIES CITY HALL - SUPPLIES 001.000.66.518.30.31.00 19.8E 10.3% Sales Tax 001.000.66.518.30.31.00 2.OE 2513005 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 157.4( 10.3% Sales Tax 111.000.68.542.64.31.00 16.2- 3052513 ROADWAY - GRASS SEED ROADWAY - GRASS SEED Page: 17 Packet Pg. 47 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 18 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 248254 7/22/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 0 111.000.68.542.31.31.00 16.4E -0 10.3% Sales Tax U 111.000.68.542.31.31.00 m 1.7( .L 3075344 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 197.8z 10.3% Sales Tax 421.000.74.534.80.31.00 20.3E 4010026 WADE JAMES THEATER - SUPPLIE WADE JAMES THEATER - SUPPLIE 001.000.66.518.30.31.00 443.9E c 10.3% Sales Tax sa 001.000.66.518.30.31.00 45.7< 0 4010030 STREET - CONCRETE SUPPLIES STREET - CONCRETE SUPPLIES a 125.000.68.542.61.31.00 12.7E 10.3% Sales Tax 125.000.68.542.61.31.00 1.3' u 4024213 STREET - SUPPLIES 0 STREET - SUPPLIES 125.000.68.542.61.31.00 49.6, o 10.3% Sales Tax a 125.000.68.542.61.31.00 5.1' Q 4052421 CITY HALL - SUPPLIES/ 3RD FLOOF CITY HALL - SUPPLIES/ 3RD FLOOF N 001.000.66.518.30.31.00 N 39.8z N 10.3% Sales Tax c 001.000.66.518.30.31.00 4.1( 4053427 PUBLIC WORKS - SUPPLIES FOR C PUBLIC WORKS - SUPPLIES FOR C 2 001.000.66.518.30.31.00 50.6E +: 10.3% Sales Tax (D 001.000.66.518.30.31.00 5.2, E 4075274 SEWER - SUPPLIES U �a Q Page: 18 Packet Pg. 48 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248254 7/22/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) SEWER - SUPPLIES 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 5075213 SEWER - SUPPLIES SEWER - SUPPLIES 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 7011019 CITY HALL - SUPPLIES CITY HALL - SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 7015156 FAC MAINT - SHOP SUPPLIES FAC MAINT - SHOP SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 7016368 FAC MAINT - SHOP SUPPLIES FAC MAINT - SHOP SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 7016372 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.3% Sales Tax 111.000.68.542.64.31.00 7016424 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.3% Sales Tax 111.000.68.542.64.31.00 6.2.a Page: 19 aD L 3 c �a Amoun N 0 a m 72.2z u L 7.4z N m 113.6E u 11.7( c c 49.8f 0 5.1z `>+ M a E 70.9" .i 7.3( 0 0 0 L 37.0z a Q 3.8, N N N 35.9z c 3.7( c 51.9< E t 5.3E Q Page: 19 Packet Pg. 49 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248254 7/22/2021 067862 HOME DEPOT CREDIT SERVICES 248255 7/22/2021 061013 HONEY BUCKET Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 7026245 CITY HALL - SUPPLIES CITY HALL - SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 7510016 PUBLIC WORKS - SUPPLIES PUBLIC WORKS - SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 8054260 CITY HALL - SUPPLIES CITY HALL - SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 9025954 CITY HALL - SUPPLIES/ 2ND FLOOF CITY HALL - SUPPLIES/ 2ND FLOOF 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 9044178 FAC MAINT - SHOP SUPPLIES FAC MAINT - SHOP SUPPLIES 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 9084173 SEWER - SUPPLIES SEWER - SUPPLIES 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 Total 0552185250 PINE RIDGE PARK HONEY BUCKET PINE STREET PARK HONEY BUCKE 001.000.64.576.80.45.00 6.2.a Page: 20 aD L 3 c �a Amoun N 0 a m U m 87.5E 9.01 m 49.5< m c 5.1( c �a 53.0� o L 5.4, a E 57.9( u 4- 0 5.9E > 0 L Q a 45.9E Q 4.7< N N ti 0 113.8E 2 11.7' U 2,074.8: aD E z 334.1', Q Page: 20 Packet Pg. 50 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248255 7/22/2021 061013 HONEY BUCKET Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 0552185251 YOST PARK HONEY BUCKET YOST PARK HONEY BUCKET 001.000.64.576.80.45.00 0552190331 HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 0552190332 YOST PARK POOL HONEY BUCKET YOST PARK POOL HONEY BUCKET 001.000.64.576.80.45.00 0552190333 HAINES WHARF PARK HONEY BUC HAINES WHARF PARK HONEY BUC 001.000.64.576.80.45.00 0552190334 PINE STREET PARK HONEY BUCKE PINE STREET PARK HONEY BUCKE 001.000.64.576.80.45.00 0552190335 SIERRA PARK HONEY BUCKET SIERRA PARK HONEY BUCKET 001.000.64.576.80.45.00 0552190336 WILLOW CREEK FISH HATCHERY I WILLOW CREEK FISH HATCHERY I 001.000.64.576.80.45.00 0552190337 CIVIC FIELD 6TH & BELL HONEY Bl CIVIC FIELD 6TH & BELL HONEY Bl 001.000.64.576.80.45.00 0552190338 MARINA BEACH/DOG PARK HONED MARINA BEACH/DOG PARK HONED 001.000.64.576.80.45.00 0552190339 CIVIC CENTER PLAYFIELD HONEY CIVIC CENTER PLAYFIELD HONEY 001.000.64.576.80.45.00 0552190340 CIVIC FIELD 6TH & EDMONDS HON CIVIC FIELD 6TH & EDMONDS HON 001.000.64.576.80.45.00 Total 6.2.a Page: 21 aD L 3 c �a Amoun N 0 a m U m 171.6E N 644.9� 439.6( a� 346.0( 0 L 120.4E a E 120.4E u 4- 0 Ta 221.6E o a Q 120.4E N N N 1,514.1, c E 120.4E u c aD 118.2E E 4,272.21 q Q Page: 21 Packet Pg. 51 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 22 a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun N 248256 7/22/2021 071642 HOUGH BECK & BAIRD INC 13921 E20CE SERVICES THRU 6/25/2021 0 m E20CE SERVICES THRU 6/25/2021 112.000.68.595.33.41.00 2,762.6E u Total: 2,762.6E 248257 7/22/2021 073548 INDOFF INCORPORATED 3485353 MANILA FOLDERS N Business Source 1/3 cut manila folde m 001.000.31.514.23.31.00 11.9E 5 10.4% Sales Tax 001.000.31.514.23.31.00 1.2E 3485393 RUBBER BANDS Business Source rubber bands #19 001.000.31.514.23.31.00 10.9E 10.4% Sales Tax o 001.000.31.514.23.31.00 1.1 z 3486422 UTILITY BILLING - LABELS ca a UTILITY BILLING - LABELS 421.000.74.534.80.31.00 16.0' UTILITY BILLING - LABELS 423.000.75.535.80.31.00 15.8E o UTILITY BILLING - LABELS �a 422.000.72.531.90.31.00 16.1 E o 10.4% Sales Tax a 421.000.74.534.80.31.00 1.6E Q 10.4% Sales Tax 423.000.75.535.80.31.00 1.6E N 10.4% Sales Tax N 422.000.72.531.90.31.00 1.6E c 3486868 COPY PAPER, STORAGE BOXES Copy paper - 6 cs, Storage boxes - 2 E 001.000.31.514.23.31.00 365.9E u 10.4% Sales Tax }; 001.000.31.514.23.31.00 38.0E (D Total: 482.31 E U 248258 7/22/2021 014940 INTERSTATE BATTERY SYSTEMS 300.10089199 PM: MOTOR TUNE-UP, BRAKE CLE ca Q Page: 22 Packet Pg. 52 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248258 7/22/2021 014940 INTERSTATE BATTERY SYSTEMS Voucher List City of Edmonds Invoice (Continued) 248259 7/22/2021 076917 JACOBS ENGINEERING GROUP INC W3Y0200003 248260 7/22/2021 078265 JAMES, ASHLEY 248261 7/22/2021 078412 JOHNSON, STEPHANIE ANNE 248262 7/22/2021 067568 KPG INC 07212021 7/15/21 HMP 6-2021 248263 7/22/2021 075159 LIFE INSURANCE CO OF NO AMER August Cigna 248264 7/22/2021 073603 LIGHTHOUSE LAW GROUP PLLC 20525 expenses PO # Description/Account PM: MOTOR TUNE-UP, BRAKE CLE 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total WWTP: PROF. SRV THRU 7/2/21 PROF. SRV THRU 7/2/21 423.000.76.535.80.41.00 Total SICK LEAVE BUYBACK REFUND REFUND FOR WORKER'S COMPEN 001.000.41.521.22.11.00 Total HAZEL MILLER PLAZA CONCERT Agreement for Presentation Services: 117.100.64.573.20.41.00 Total EBCA SERVICES THRU 6/25/21 EBCA SERVICES THRU 6/25/21 112.000.68.595.33.41.00 Total AUGUST CIGNA PREMIUMS August Clgna Premiums 811.000.231.550 Total 06-21 REIMBURSEMENT FOR EXPE 06/21 reimbursement for expenses - 1 001.000.36.515.31.41.00 06/21 reimbursement for expenses - 001.000.36.515.31.41.00 6.2.a Page: 23 Page: 23 Packet Pg. 53 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248264 7/22/2021 073603 LIGHTHOUSE LAW GROUP PLLC 248265 7/22/2021 020900 MILLERS EQUIP & RENTALL INC 248266 7/22/2021 020900 MILLERS EQUIP & RENTALL INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Jul-2021 07-2021 LEGALS FEES 07-2021 Legal fees 001.000.36.515.31.41.00 Tota I : 347302 WATER - SUPPLIES/ AIR FILTER KI- WATER - SUPPLIES/ AIR FILTER KI- 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 347306 WATER - SUPPLIES/ LIGHT STAND WATER - SUPPLIES/ LIGHT STAND 421.000.74.534.80.31.00 DAMAGE WAIVER FEE 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 347666 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 349009 WATER - EXCAVATOR RENTAL WATER - EXCAVATOR RENTAL 421.000.74.534.80.45.00 DAMAGE WAIVER FEE 421.000.74.534.80.45.00 10.4% Sales Tax 421.000.74.534.80.45.00 Total 353966 PM: EARMUFF, LINE, CARBURETOI PM: EARMUFF, LINE, CARBURETOI 001.000.64.576.80.31.00 10.4% Sales Tax 6.2.a Page: 24 a� L 3 c �a Amoun N 0 a m U m 51,878.0( .L 52,017.9( N m 55.9( m c 5.8, c �a 83.9( o 3.8( a 9.11 0 39.9£ 0 L 4.1E a Q 2,480.0( N N N 240.0( c 282.8£ . 3,205.6( u c aD E 126.3< U Q Page: 24 Packet Pg. 54 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 25 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248266 7/22/2021 020900 MILLERS EQUIP & RENT ALL INC (Continued) 001.000.64.576.80.31.00 13.1 354349 PM: CHAIN LOOP PM: CHAIN LOOP 001.000.64.576.80.31.00 110.2( 10.4% Sales Tax 001.000.64.576.80.31.00 11.4E Total : 261.1; 248267 7/22/2021 064570 NATIONAL SAFETY INC 0621765-IN WWTP: PO 612 SENSOR VENTIS PO 612 SENSOR VENTIS 423.000.76.535.80.48.00 451.0( 10.4% Sales Tax 423.000.76.535.80.48.00 46.9" Total : 497.91 248268 7/22/2021 024302 NELSON PETROLEUM 0768920-IN FLEET - FILTERS FLEET - FILTERS 511.000.77.548.68.34.40 33.1( 10.4% Sales Tax 511.000.77.548.68.34.40 3.4z Total: 36.5' 248269 7/22/2021 075542 NORTHWEST LANDSCAPE SUPPLY 4885 PM: FERTILE MULCH PM: FERTILE MULCH 001.000.64.576.80.31.00 475.0( 10.4% Sales Tax 001.000.64.576.80.31.00 49.4( Tota I : 524.4( 248270 7/22/2021 064215 NORTHWEST PUMP & EQUIP CO 3221058-00 WWTP: PO 586 INSTALL DRYER PO 586 INSTALL DRYER 423.000.76.535.80.35.00 4,604.4� 10.4% Sales Tax 423.000.76.535.80.35.00 478.8 , Total: 5.083.3E Page: 25 Packet Pg. 55 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248271 7/22/2021 065720 OFFICE DEPOT 248272 7/22/2021 063750 ORCA PACIFIC INC 248273 7/22/2021 077808 OSBORN CONSULTING INC 248274 7/22/2021 065787 PATRIOT DIAMOND INC 248275 7/22/2021 008400 PETTY CASH Voucher List City of Edmonds Invoice PO # Description/Account 180890560001 INV 180890560001 - ACCT 9052043' BLUE GEL PENS 001.000.41.521.10.31.00 BLACK PENS 001.000.41.521.10.31.00 BLACK MECHANICAL PENS 001.000.41.521.10.31.00 10.4% Sales Tax 001.000.41.521.10.31.00 Total 45832 YOST POOL SUPPLIES YOST POOL SUPPLIES: CHEMICAL 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Tota I : 6282 EOFB SERVICES THRU 6/30/2021 EOFB SERVICES THRU 6/30/2021 422.000.72.594.31.41.00 Tota I : A12361 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 Total PD ADMIN 7/21 POLICE ADMIN PETTY CASH 7/21 - PARKING IN SEATTLE - TRAINING 001.000.41.521.40.43.00 FUEL FOR CHIEF'S CITY VEHICLE 001.000.41.521.10.32.00 SHIP RADAR & RADIO HOLDERS 001.000.41.521.10.42.00 HOSPITAL PARKING 21-14047 6.2.a Page: 26 a� L 3 c �a Amoun N 0 a m 35.8, u 3.5z N 52.4z v 9.5E 101.3E c d c �a 495.0( o L 51.4E a 546.4f U 4- 0 34,841.9, 34,841.9, 0 L Q a Q 310.0( N 310.0( N N f` 0 E 56.0( 'M 10.0' aD 49.3E t U �a Q Page: 26 Packet Pg. 56 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248275 7/22/2021 008400 PETTY CASH 248276 7/22/2021 071783 PIGSKIN UNIFORMS 248277 7/22/2021 028860 PLATT ELECTRIC SUPPLY 248278 7/22/2021 064167 POLLARD WATER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.41.521.21.43.00 MEAL FOR SUSPECT 21-13964 001.000.41.521.22.31.00 SHIPPING - BOOTS AND SEAT 001.000.41.521.10.42.00 Tota I : 2021-18 INV 2021-18 - EDMONDS PD - MAR - SUMMER WT JUMPSUIT W/EXTRA: 001.000.41.521.22.24.00 Freight 001.000.41.521.22.24.00 Sales Tax 001.000.41.521.22.24.00 Tota I : 1 T1 7651 WWTP: PO 619 CONDUIT PO 619 CONDUIT 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 WP019091 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 WP019096 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 Total : 6.2.a Page: 27 a� L 3 c �a Amoun N 0 a aD 1.0( 'D r U d 14.51 41.8, 172.7, v m c 540.0( 23.0( 0 48.4, 611.4, a E U 369.61 c Ta 20.0( p L a 40.5< Q 430.2( N N N ti 423.9( E 44.0E .� c 29.5( E z U 3.0 , Q Page: 27 Packet Pg. 57 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248278 7/22/2021 064167 064167 POLLARD WATER (Continued) 248279 7/22/2021 075770 QUADIENT FINANCE USA INC 7900 0440 8030 3286 248280 7/22/2021 075231 RAYOR, JANET WMS RAYOR 248281 7/22/2021 075288 RODARTE CONSTRUCTION INC 141428 - refund 248282 7/22/2021 075288 RODARTE CONSTRUCTION INC EOGA PMT not 248283 7/22/2021 069593 SAFELITE FULFILLMENT INC 248284 7/22/2021 071655 SHI INTERNATIONAL CORP PO # Description/Account QUADIENT POSTAGE postage 001.000.25.514.30.42.00 supplies 001.000.25.514.30.31.00 Total Total : WALKABLE MAIN STREET PERFOF WALKABLE MAIN STREET PERFOF 001.000.64.571.22.41.00 Total PHASE 8 HYDRANT METER DEPOE Phase 8 Sewer Replacement - Hydra 421.000.245.110 Total EOGA PMT NO 1 THRU 6/30/21 EOGA PMT NO 1 THRU 6/30/21 423.000.75.594.35.41.00 Total 00446-708072 UNIT 11 -WINDSHIELD UNIT 11 -WINDSHIELD 511.000.77.548.68.48.00 10.4% Sales Tax 511.000.77.548.68.48.00 00446-708680 UNIT 144 - PARTS/ SOLAR INTERLP UNIT 144 - PARTS/ SOLAR INTERLP 511.000.77.548.68.48.00 10.4% Sales Tax 511.000.77.548.68.48.00 Total B13761428 JUN-2021 CLOUD SERVICE CHARC 6.2.a Page: 28 aD L 3 c �a Amoun y 0 500.5° 0 U d L_ 4,000.0( N 406.8 1 4,406.8, m c d 425.0( -a 425.0( 0 L �a 950.0( a 950.0( E U 4- 0 356,582.1 ' > 356,582.1; o a a Q 123.1, N N N 12.8( c E 306.0E 2 31.& (D 473.81 _ U �a Q Page: 28 Packet Pg. 58 6.2.a vchlist Voucher List Page: 29 07/22/2021 8:45:OOAM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 248284 7/22/2021 071655 SHI INTERNATIONAL CORP (Continued) 0 m Jun-2021 Cloud Service Charges 512.000.31.518.88.41.00 1,220.51 U 10.4% Sales Tax L 512.000.31.518.88.41.00 126.9z Total: 1,347.51 m 248285 7/22/2021 037375 SNO CO PUD NO 1 200326460 HUMMINGBIRD PARK 1000 EDMON v HUMMINGBIRD PARK 1000 EDMON 001.000.64.576.80.47.00 18.8� 200496834 LIFT STATION #10 17526 TALBOT R LIFT STATION #10 17526 TALBOT R 423.000.75.535.80.47.10 57.6E 200650851 CITY PARK RESTROOMS CITY PARK RESTROOMS o 001.000.64.576.80.47.00 18.8E a 200651644 PARK MAINTENANCE SHOP PARK MAINTENANCE SHOP 001.000.64.576.80.47.00 482.41 U 201383270 CITY PARK GAZEBO o CITY PARK GAZEBO 001.000.64.576.80.47.00 18.8� o 201431236 PEDEST CAUTION LIGHT 9110 OILY L a PEDEST CAUTION LIGHT 9110 OILY Q 111.000.68.542.64.47.00 16.6( v 201453057 CIVIC CENTER PLAYFIELD LIGHTS N CIVIC CENTER PLAYFIELD LIGHTS N 001.000.64.576.80.47.00 68.0( r- 201790003 ALDERWOOD INTERIE 6130 168TH N ALDERWOOD INTERIE 6130 168TH E 421.000.74.534.80.47.00 23.0( 2 202114484 CITY PARK S RESTROOMS & SHEL CITY PARK S RESTROOMS & SHEL a� 001.000.64.576.80.47.00 89.5" E 202250635 9TH/GASPER LANDSCAPE BED / M U 9TH/GASPER LANDSCAPE BED / M Q Page: 29 Packet Pg. 59 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248285 7/22/2021 037375 SNO CO PUD NO 1 (Continued) 205184385 221732084 ram► RI-111101 222704272 PO # Description/Account 001.000.64.576.80.47.00 LIFT STATION #5 432 3RD AVE S / fV LIFT STATION #5 432 3RD AVE S / fV 423.000.75.535.80.47.10 VETERANS PLAZA METER 1000597 VETERANS PLAZA METER 1000597 001.000.64.576.80.47.00 SIGNAL CABINET 22730 HIGHWAY 22730 Highway 99, Signal Cabinet - 111.000.68.542.64.47.00 WWTP: 6/10-7/9/21 FLOWMETER 11 6/10-7/9/21 FLOW METER 2400 HIC 423.000.76.535.80.47.62 Total 248286 7/22/2021 071666 TETRA TECH INC 51761296 EOFA SERVICES THRU 7/9/21 EOFA SERVICES THRU 7/9/21 422.000.72.594.31.41.00 Total 248287 7/22/2021 078416 THE WARREN G HARDINGS 7/13/21 HMP HAZEL MILLER PLAZA CONCERT Agreement for Presentation Services: 117.100.64.573.20.41.00 Total 248288 7/22/2021 070774 ULINE INC 135794217 INV 135794217 - CUST 2634605 - E[ BLACK NITRILE GLOVES - MED 001.000.41.521.22.31.00 BLACK NITRILE GLOVES- XL 001.000.41.521.22.31.00 ULINE AIR IN A CAN 001.000.41.521.10.31.00 Freight 001.000.41.521.22.31.00 10.4% Sales Tax 6.2.a Page: 30 a� L 3 c �a Amoun y 0 a aD 18.8� 'D r U d 22.8� N Y V m 110.3( U m c 74.4E M' c �a 17.1; o 1,037.6( `>, M a E 38,338.7; u 38,338.71, p �a 0 a 750.0( Q 750.0( " N N N ti 220.0( c U) E 17.9( aD E 18.3' �a Q Page: 30 Packet Pg. 60 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 31 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248288 7/22/2021 070774 ULINE INC (Continued) 001.000.41.521.22.31.00 47.6 10.4% Sales Tax 001.000.41.521.10.31.00 1.8E Tota I : 525.7E 248289 7/22/2021 073310 UNISAFE INC 711942 WWTP: PO 622 GLOVES PO 622 GLOVES 423.000.76.535.80.31.00 959.6( Freight 423.000.76.535.80.31.00 39.9E Total: 999.5E 248290 7/22/2021 077070 UNITED RECYCLING & CONTAINER 139606 STORM & PARKS DUMP FEES STORM - DUMP FEES/ MIXED CON 422.000.72.531.10.49.00 481.9E PARKS - DUMP FEES/ CLEAN BRUc 001.000.64.576.80.47.00 120.0( Total: 601.9E 248291 7/22/2021 069816 VWR INTERNATIONAL INC 8805384286 WWTP: PO 511 LAB GLOVES PO 511 LAB GLOVES 423.000.76.535.80.31.00 529.4( 10.4% Sales Tax 423.000.76.535.80.31.00 55.0E Total : 584.4E 248292 7/22/2021 075155 WALKER MACY LLC P3282.04-38 CIVIC LANDSCAPE ARCHITECTURE CIVIC LANDSCAPE ARCHITECTURE 126.000.64.594.76.41.00 5,015.1( Total : 5,015.1( 248293 7/22/2021 075635 WCP SOLUTIONS 12335265 PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 1,446.0( 10.4% Sales Tax Page: 31 Packet Pg. 61 vchlist 07/22/2021 8:45:OOAM Voucher List City of Edmonds 6.2.a Page: 32 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248293 7/22/2021 075635 WCP SOLUTIONS (Continued) 001.000.64.576.80.31.00 150.3f Total: 1,596.3f 248294 7/22/2021 073552 WELCO SALES LLC 8054 INV 8054 - EDMONDS PD B/C PRINT 250EA 001.000.41.521.10.31.00 229.3E 8 NEW B/C SET UPS 001.000.41.521.10.31.00 120.0( 10.4% Sales Tax 001.000.41.521.10.31.00 36.3' Tota I : 385.6f 248295 7/22/2021 072634 WHISTLE WORKWEAR 555422 SEWER - BALANCE ON WORK WEj SEWER - BALANCE ON WORK WEj 423.000.75.535.80.24.00 35.9E Total : 35.9f 248296 7/22/2021 075743 WHISTLE WORKWEAR OF SHORELINE 204419 WATER - WORK WEAR J. BECK WATER - WORK WEAR J. BECK 421.000.74.534.80.24.00 269.9E Sales Tax 421.000.74.534.80.24.00 27.5' Total : 297.4E 248297 7/22/2021 073018 WINFIELD SOLUTIONS LLC 64544857 PM SUPPLIES: FERTILIZER PM SUPPLIES: FERTILIZER 001.000.64.576.80.31.00 850.6, 10.4% Sales Tax 001.000.64.576.80.31.00 88.4E Total : 939.0f 248298 7/22/2021 075254 YAKIMA TECHNOLOGY SERVICES C1002568 2021 INTERLOCAL AGREEMENT RE 2021 Interlocal agreement for Rack 512.000.31.518.87.45.00 2,781.0( Total: 2,781.0( Page: 32 Packet Pg. 62 vchlist 07/22/2021 8:45:OOAM Bank code : usbank Voucher Date Vendor 248299 7/22/2021 011900 ZIPLY FIBER 91 Vouchers for bank code : usbank 91 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account 425-712-0417 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 425-712-8251 PUBLIC WORKS OMC ALARM, FAX, PUBLIC WORKS OMC FIRE AND IN' 001.000.65.518.20.42.00 PUBLIC WORKS OMC FIRE AND IN' 111.000.68.542.90.42.00 PUBLIC WORKS OMC FIRE AND IN' 421.000.74.534.80.42.00 PUBLIC WORKS OMC FIRE AND IN' 423.000.75.535.80.42.00 PUBLIC WORKS OMC FIRE AND IN' 511.000.77.548.68.42.00 425-775-1344 425-775-1344 RANGER STATION 425-775-1344 RANGER STATION 001.000.64.571.23.42.00 Total Bank total Total vouchers 6.2.a Page: 33 a� L 3 c �a Amoun N 0 a m 36.0z u 36.0: N m z 17.0z u 4 85.1 £ c 71.5E �a 71.5E o L �a 95.3E E 75.7z u 488.5: 0 911,291.9, o a 911,291.9, Q N N N ti O N E 2 V C E t V f6 Q Page: 33 Packet Pg. 63 6.2.b PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number 174th St. & 71st Ave Storm Improvements c521 STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Stud s018 W8FA SWR 2019 Sewerline Replacement Project c516 EBGA STM 2019 Storm Maintenance Project c525 EBFC WTR 2019 Swedish Waterline Replacement c523 EBJA �019 Traffic Calming am 611sw STIR 2019 Traffic Signal Upgrades i045 E9AD [UTILITIES 2019 Utility Rate & GFC Update s020 WTR 2019 Waterline Overlay i043 E9CB �2019 Waterline Replacement STIR 2020 Guardrail Installations i046 EOAA erlay Program STIR 2020 Pedestrian Safety Program i049 EODB 020 Pedestrian Task Force STIR 2020 Traffic Calming i048 EOAC STIR 2020 Traffic Signal Upgrades i047 EOAB STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Guardrail Installations i057 E21AB STIR 2021 Overlay Program i051 E21CA 1h STIR 2021 Pedestrian Task Force SWR 2021 Sewer Overlay Program i060 E21CC LSTM 2021 Stormwater Overlay Program STIR 2021 Traffic Calming i056 E21AA �021 Waterline Overlay Program i059 E21CB STIR 220th Adaptive i028 EBAB 228th St. SW Corridor Improvements STIR 238th St. Island & Misc. Ramps i037 EBDC Moor 238th St. SW Walkway (100th Ave to 104th Ave) c423 VE73DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA 76th Ave Overlay (196th St. to OV i052 E20CB STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improveme V c368 E1 CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining W- i025 E7CD STIR ADA Curb Ramps i033 EBDB IFSTIR Admiral Way Pedestrian Crossing � i040 E9D� STIR Audible Pedestrian Signals i024 E7AB LSTM Ballinger Regional Facility Pre -Design s022 STIR Bikelink Project c474 ESDA Citywide Bicycle Improvements Project i050 SWR Citywide CI PIP Sewer Rehab Phase II c488 E6GB Citywide Pedestrian Crossing Enhancement i026 STIR Citywide Protected/Permissive Traffic Signal Conversion 1015 E6AB PRK Civic Center Playfield (Construction) EOMA Revised 7/22/2021 Packet Pg. 64 6.2.b PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number PRK Civic Center Playfield (Design) c536 EOMA Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Reh STR Edmonds Street Waterfront Connector c478 ESDB WTR Elm St. Waterline Replacement c561 STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA LWTR Five Corners Reservoir Re -coating PM Fourth Avenue Cultural Corridor c282 EBMA Hwy 99 Gateway Revitalization STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study SWR Lift Station #1 Basin & Flow Study c461 E4GC Minor Sidewalk Program STM NPDES (Students Saving Salmon) m013 E7FG Official Street Map & Sidewalk Plan Update s025 EONA STM OVD Slope Repair & Stabilization m105 E7FA ville Creek Flow Reduction Improvements STM Perrinville Creek Recovery Study s028 E21 FC WTR Phase 11 Annual Water Utility Replacement Project WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA STM Phase 2 Annual Storm Utility Replacement Project c547 SWR Phase 8 Annual Sewer Replacement Project c548 EOGA Phase 9 Annual Sewer Replacement Project c559 FAC PW Concrete Regrade & Drainage South c502 E9MA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 STM Seaview Park Infiltration Facility c479 ESFD STM _ Seaview Park Infiltration Facility Phase 2 c546 WWTP Sewer Outfall Groundwater Monitoring c446 E4HA evitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 UTILITIES Standard Details Updates solo ESNA torm Drain Improvements @ 9510 232nd St. SW c495 STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements J111111111111111hL c354 E1 DA STR Trackside Warning System c470 ESAA STR ,ni..i.,..+ e+ �..u,.. av (3rd 4th i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E7MA Waterfront Development & Restoration (Design" c496 E7MA J §§MLRK PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA Willow Creek Daylighting/Edmonds Marsh Restoration c435 WWTP WWTP Outfall Pipe Modifications c481 ESHA Yost & Seaview Reservoir Assessment s026 PRK Yost Park Infiltration Facility c556 E21 FA Revised 7/22/2021 Packet Pg. 65 6.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR EOAA i046 11111PFZ020 Guardrail Installations STR EOAB i047 2020 Traffic Signal Upgrades STR EOAC i048 2020 Traffic Calming STR EOCA i042 2020 Overlay Program STR EOCC _ i053 2020 Waterline Overlay STR EODA s024 2020 Pedestrian Task Force 2020 Pedestrian Safety Progra STR EODC i050 Citywide Bicycle Improvements Project c546_1 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project c54;K Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project s026 Yost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) c536 layfield (Design) GF EONA s025 Official Street Map & Sidewalk Plan Update c368 th Ave W at 212th St SW Intersection Improvements STR E1 DA c354 Sunset Walkway Improvements E20CB i052 76th Ave"veT (196th St. to OVD) STR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20FC c552 Perrinville Creek Flow Reduction Improvemen STR E21AA i056 2021 Traffic Calming 2021 Guardrail Installations STR E21 CA i051 2021 Overlay Program 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program 2021 Stormwater Overlay Program STR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave i062 2021 Pedestrian Task Force PRK E21 FA c556 Yost Park Infiltration Facility 56 ilization STM E21 FC s028 Perrinville Creek Recovery Study 559 nnual Sewer Replacement Project SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services Wr E�A c558 Phase 12 Annual Water Utility Replacement Proj WTR E21JB c561 Elm St. Waterline Replacement STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring 4Mdmonds Fishing Pier Rehab STR ESAA c470 Trackside Warning System Revised 7/22/2021 Packet Pg. 66 6.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR E5DB c478 Edmonds Street Waterfront Connector - E5FD c479 reaview Park Infiltration Facility SWR E5GB s011 Lake Ballinger Trunk Sewer Study qWP E5HA c481 WWTP Outfall Pipe Modifications WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re-coatin UTILITIES E5NA solo Standard Details Updates E6AA d� Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion r"DA ;� 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DD i017 Minor Sidewalk Program Stormwater Comp Plan Update AL SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II 7A = Audible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements E7CD j025 STR E7DC i026 Citywide Pedestrian Crossing Enhancements E7FA m10 ope Repair & Stabilizatio STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement PRK E7MA c544 Waterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) E7MA Waterfront Development & Restoration (Pre - Design) STR E8AB i028 220th Adaptive i 76th Ave W & 220th St. SW Intersection Improvements STR E8CC i031 84th Ave W Overlay from 220th to 212th i033V ADA Curb Ramps STR E8DC i037 238th St. Island & Misc. Ramps s018 2018 Lorian Woods STM E8FB c521 174th St. & 71 st Ave Storm Improvements 8FC c525 2019 Storm Maintenance Project liv SWR E8GA c516 2019 Sewerline Replacement Project c523 019 Swedish Waterline Replacement UTILITIES E8J13 s020 2019 Utility Rate & GFC Update PM E8MA c282 Fourth Avenue Cultural Corridor STR E9AA i038 2019 Traffic Calming STR E9AD i045 2019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overlay STR i040 Admiral Way Pedestrian Crossing STR E9DC i044 Walnut St. Walkway (3rd-4th) STM E9FA s022r Ballinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 7/22/2021 Packet Pg. 67 6.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineerinq Project Project Accounting Funding Number Number Protect Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study STIR ESAA c470 Trackside Warning System WTR ESKA c473 Five Corners Reservoir Re -coating STIR ESDA c474 Bikelink Project STIR ESDB c478 Edmonds Street Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility WWTP ESHA c481 WWTP Outfall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E7MA c496 Waterfront Development & Restoration (Design) WTR E7JA c498 2019 Waterline Replacement FAC E9MA c502 PW Concrete Regrade & Drainage South SWR EBGA c516 2019 Sewerline Replacement Project STM EBFB c521 174th St. & 71st Ave Storm Improvements WTR EBJA c523 2019 Swedish Waterline Replacement STM E8FC c525 2019 Storm Maintenance Project PRK EOMA c536 Civic Center Playfield (Design) PRK E7MA c544 Waterfront Development & Restoration (Construction) STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project PRK EOMA c551 Civic Center Playfield (Construction) STM E20FC c552 Perrinville Creek Flow Reduction Improvements PRK E21 FA c556 Yost Park Infiltration Facility WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21 FIB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STIR E7AC i005 228th St. SW Corridor Improvements STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals Revised 7/22/2021 Packet Pg. 68 6.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9DA i040 Admiral Way Pedestrian Crossing STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA i051 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC i053 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STIR E21AA i056 2021 Traffic Calming STR E21AB i057 2021 Guardrail Installations STIR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i06o 2021 Sewer Overlay Program STM E21CD i061 2021 Stormwater Overlay Program STIR E21 DB i062 2021 Pedestrian Task Force STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STM E9FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment STM E21 FC s028 Perrinville Creek Recovery Study Revised 7/22/2021 Packet Pg. 69 6.2.b PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA s PM Fourth Avenue Cultural Corridor c282 EBMA , PRK Civic Center Playfield (Construction) c551 EOMA t s PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA L PRK Waterfront Development & Restoration (Design) c496 E7MA '!t PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA PRK Yost Park Infiltration Facility c556 E21 FA z STM 174th St. & 71 st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21 FB S STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC STM 2021 Stormwater Overlay Program i061 E21 CD 1 STM Ballinger Regional Facility Pre -Design s022 E9FA 't s STM Dayton Street Stormwater Pump Station c455 E4FE STM Lake Ballinger Associated Projects c436 E4FD i STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC ! STM Perrinville Creek Recovery Study s028 E21 FC STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB STM Seaview Park Infiltration Facility c479 ESFD ! STM Seaview Park Infiltration Facility Phase 2 c546 EOFA s STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 T E6FD C, c STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC r STR 2019 Traffic Calming i038 E9AA t STR 2019 Traffic Signal Upgrades i045 E9AD s STR 2020 Guardrail Installations i046 EOAA STR 2020 Overlay Program i042 EOCA e STR 2020 Pedestrian Safety Program i049 EODB STR 2020 Pedestrian Task Force s024 EODA i c ! STR 2020 Traffic Calming i048 EOAC ' STR 2020 Traffic Signal Upgrades i047 EOAB s STR 2021 Guardrail Installations i057 E21AB ! STR 2021 Overlay Program i051 E21 CA i u STR 2021 Traffic Calming i056 E21AA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC 1 c STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave Overlay (196th St. to OVD) i052 E20CB STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA Revised 7/22/2021 Packet Pg. 70 6.2.b PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 84th Ave W Overlay from 220th to 212th 031 EBCC STR 89th PI W Retaining Wall i025 E7CD STR ADA Curb Ramps i033 EBDB STR Admiral Way Pedestrian Crossing i040 E9DA STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 ESDA STR Citywide Bicycle Improvements Project i050 EODC STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STR Edmonds Street Waterfront Connector c478 ESDB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA STR Hwy 99 Gateway Revitalization s014 E6AA STR Minor Sidewalk Program 017 E6DD STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) 055 E20CE STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 ESAA STR Walnut St. Walkway (3rd-4th) i044 E9DC STR 2021 Pedestrian Task Force 061 E21 DB STR 2020 Waterline Overlay i053 EOCC STR 220th Adaptive i028 EBAB SWR 2019 Sewerline Replacement Project c516 EBGA SWR 2021 Sewer Overlay Program i060 E21 CC SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB UTILITIES 2019 Utility Rate & GFC Update s02O EBJB UTILITIES Standard Details Updates solo ESNA WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR 2021 Waterline Overlay Program i059 E21CB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Elm St. Waterline Replacement c561 E21JB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA WTR Yost & Seaview Reservoir Assessment s026 EOJB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Revised 7/22/2021 Packet Pg. 71 6.2.c Payroll Earnings Summary Report City of Edmonds Pay Period: 1,068 (07/14/2021 to 07/14/2021) Hour Type Hour Class Description Hours Amount pfmc COMP HOURS Paid Family Medical -Comp Used 11.00 310.84 pfmp ABSENT Paid Family Medical Unpaid/Sup 63.00 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 15.00 423.88 89.00 $734.72 Total Net Pay: $598.41 07/22/2021 Packet Pg. 72 6.2.d Payroll Earnings Summary Report City of Edmonds Pay Period: 1,010 (07/01/2021 to 07/15/2021) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 56.00 0.00 119 SICK Donated Sick Leave -used 78.00 3,661.12 121 SICK SICK LEAVE 718.25 29,227.10 122 VACATION VACATION 1,645.98 73,065.91 123 HOLIDAY HOLIDAY HOURS 86.00 3,391.64 124 HOLIDAY FLOATER HOLIDAY 61.00 2,356.34 125 COMP HOURS COMPENSATORY TIME 196.75 7,309.75 130 COMP HOURS Holidav Compensation Used 18.00 730.58 135 SICK WASHINGTON STATE SICK LEY 4.00 144.00 150 REGULAR HOURS Kelly Dav Used 168.00 7,423.82 155 COMP HOURS COMPTIME AUTO PAY 252.32 12,321.95 157 SICK SICK LEAVE PAYOFF 76.99 2,778.91 158 VACATION VACATION PAYOFF 223.59 7,943.71 160 VACATION MANAGEMENT LEAVE 25.00 1,866.10 190 REGULAR HOURS REGULAR HOURS 15,762.25 633,065.13 194 SICK Emerqencv Sick Leave 9.00 324.91 196 REGULAR HOURS LIGHT DUTY 90.00 4,130.50 205 OVERTIME HOURS OVERTIME .5 9.00 144.01 210 OVERTIME HOURS OVERTIME -STRAIGHT 158.25 7,064.93 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,657.82 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,284.15 220 OVERTIME HOURS OVERTIME 1.5 431.00 31,389.51 225 OVERTIME HOURS OVERTIME -DOUBLE 52.25 3,487.93 405 ACTING PAY OUT OF CLASS - POLICE 0.00 573.88 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 972.91 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,078.59 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 1,608.53 602 COMP HOURS ACCRUED COMP 1.0 210.25 0.00 603 COMP HOURS Holidav Comp 1.0 27.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 200.25 0.00 606 COMP HOURS ACCRUED COMP 2.0 19.00 0.00 901 SICK ACCRUED SICK LEAVE 78.00 0.00 903 MISCELLANEOUS CLOTHING ALLOWANCE 0.00 -37.50 07/22/2021 Packet Pg. 73 6.2.d Payroll Earnings Summary Report City of Edmonds Pay Period: 1,010 (07/01/2021 to 07/15/2021) Hour Type Hour Class Description Hours Amount acc MISCELLANEOUS ACCREDITATION PAY 0.00 82.04 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 198.23 boc MISCELLANEOUS BOC II Certification 0.00 96.39 colre MISCELLANEOUS Collision Reconstruction ist 0.00 90.46 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 180.92 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 404.96 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 1.00 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOI 0.00 90.46 det MISCELLANEOUS DETECTIVE PAY 0.00 123.92 det4 MISCELLANEOUS Detective 4% 0.00 850.86 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 701.35 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 558.38 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 6,214.38 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 440.96 fmla ABSENT FAMILY MEDICAL/NON PAID 80.00 0.00 fmis SICK FAMILY MEDICAL/SICK 41.25 1,255.12 hol HOLIDAY HOLIDAY 1,302.10 52,341.23 k9 MISCELLANEOUS K-9 PAY 0.00 266.41 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 86.54 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,102.30 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 599.74 Ig12 LONGEVITY Lonqevitv 9% 0.00 4,496.08 Ig13 LONGEVITY Lonqevitv 7% 0.00 965.63 Ig14 LONGEVITY Lonqevitv 5% 0.00 1,094.55 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 251.44 Iq4 LONGEVITY Lonqevitv 1 % 0.00 374.16 Iq5 LONGEVITY Lonqevitv 3% 0.00 1,268.93 Iq6 LONGEVITY Lonqevitv .5% 0.00 343.50 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 307.02 Iq8 LONGEVITY Lonqevitv 8% 0.00 710.88 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 123.92 ooc MISCELLANEOUS OUT OF CLASS 0.00 186.00 pds MISCELLANEOUS Public Disclosure Specialist 0.00 116.54 07/22/2021 Packet Pg. 74 6.2.d Payroll Earnings Summary Report City of Edmonds Pay Period: 1,010 (07/01/2021 to 07/15/2021) Hour Type Hour Class Description Hours Amount pfmp ABSENT Paid Familv Medical Unpaid/Sup 137.32 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 3.20 105.61 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,472.22 prof MISCELLANEOUS PROFESSIONAL STANDARDS ; 0.00 196.58 WO MISCELLANEOUS Training Officer 0.00 157.28 sdp MISCELLANEOUS SPECIAL DUTY PAY 0.00 301.49 sgt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 196.58 slw SICK SICK LEAVE ADD BACK -42.37 0.00 St REGULAR HOURS Serqeant Pav 0.00 147.44 traf MISCELLANEOUS TRAFFIC 0.00 123.92 22,240.63 $919,591.65 Total Net Pay: $626,182.06 07/22/2021 Packet Pg. 75 6.2.e Benefit Checks Summary Report City of Edmonds Pay Period: 1,010 - 07/01/2021 to 07/15/2021 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 64769 07/20/2021 bpas BPAS 5,252.31 0.00 64770 07/20/2021 epoa2 EPOA-POLICE 6,027.00 0.00 64771 07/20/2021 epoa3 EPOA-POLICE SUPPORT 631.76 0.00 64772 07/20/2021 flex NAVIA BENEFIT SOLUTIONS 3,541.23 0.00 64773 07/20/2021 teams TEAMSTERS LOCAL 763 5,126.50 0.00 64774 07/20/2021 icma VANTAGE TRANSFER AGENTS 304884 3,923.89 0.00 24,502.69 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3231 07/20/2021 awc AWC 316,557.76 0.00 3234 07/20/2021 us US BANK 121,493.11 0.00 3235 07/20/2021 mebt WTRISC FBO #N3177B1 109,772.36 0.00 3237 07/20/2021 wadc WASHINGTON STATE TREASURER 25,971.29 0.00 3238 07/20/2021 pb NATIONWIDE RETIREMENT SOLUTION 5,505.69 0.00 3240 07/20/2021 oe OFFICE OF SUPPORT ENFORCEMENT 764.50 0.00 580,064.71 0.00 Grand Totals: 0.00 604,567.40 7/22/2021 Packet Pg. 76 6.3 City Council Agenda Item Meeting Date: 07/27/2021 Acknowledge receipt of a Claim for Damages from Juan Casteneda Miranda & Jean Kovatovich Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of a Claim for Damages from Juan Casteneda Miranda and Jean Kovatovich Narrative Juan Casteneda Miranda 1495 158th Place NE, Bellevue 98008 ($200,000, multiple parties involved) Jean Kovatovich 9703 216th PL SW ($821.16) Attachments: Casteneda Miranda, Juan - Claim for Damages - for council Kovatovich, Jean - Claim for Damages - for council Packet Pg. 77 6.3.a JUL 16 2021 CLAIM FOR DAMAGES TO: Edmonds Police Department City Clerk's Office City of Edmonds 121 5`h Avenue North Edmonds, WA 98020 1. Claimant's Name: Juan A. Castaneda Miranda a� 2. Claimant's Residence Address: �a 0 L 3. Residence Address Six Months Prior to Claim: Same ° E 4. Mailing Address: c/o Patrick Patton, Salish Sea Law Group, PLLC, 1495 158`h Place v NE, Bellevue, WA 98008. 5. Claimants' Telephone Number: Office of Claimant's Attorney: (206) 972-5297. Claimant (425) 233-9652. 6. Date of Incident: On July 17, 2018, Edmonds Police Department officers, Snohomish County Sheriff's Department officers, King County Sheriff's Department officers, Lynnwood Police Department officers, Seattle Police Department officers, FBI, DEA, and ATF agents, acting in the scope of their employment, raided Claimant's apartment looking for someone else. All city and county officers and federal agents raided the incorrect apartment and falsely arrested Claimant. The agents and officers handcuffed Mr. Castaneda-Miranda and held him on the floor, causing physical injuries to him, and displayed him on his balcony, handcuffed and only dressed in shorts and a t-shirt despite the cold weather conditions, to other apartment residents. The raid caused great stress and embarrassment to him. His apartment, personal belongings and car were destroyed. His cat died as a result of injuries related to this raid. His girlfriend was also physically assaulted by the agents and officers, handcuffed, and physically harmed. Persons Involved or Witness to this Incident: The names of the officers and agents are unknown because they did not identify themselves. Witnesses are Anita Fatland (Landlord) and Gisela Alarcon Castaneda. 9. Conduct or Circumstances Causing Injury: Failure to conduct an appropriate investigation and wrongfully entering the residence of a citizen who had in no way broken any laws or was in any way a threat to himself or the community, including, but not limited to negligent enforcement of a search and arrest warrant and negligence in exercising reasonable care when executing a search warrant. 10. Description of Injuries: Claimant suffered abrasions and contusions from the physical assault by various agents and officers to his arms, neck, back, and torso, and Post - Traumatic Stress Disorder (PTSD). This is a partial list and other injuries may be added. 11. Amount of Claim: Claimant hereby claims damages from the Edmonds Police Department in the amount of $200,000,00 for Juan A. Castaneda Miranda and reserves the right to amend that amount. Packet Pg. 78 6.3.a I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DATED:% A. CASTANEDA MIRANDA E .2 U Packet Pg. 79 P.TT : CITY OF EDMONDS JUL 2 l 20?1 CLAIM FOR DAMAGES FORM Received by City Please take note that Jean Kovatovlch , who currently resides at mailing address same home phone # , work phone # NA —,and who resided at same at the time of the occurrence and whose date of birth is 7-24-64 , is claiming damages against City of Edmonds in the sum of $ 821.16 arising out of the following circumstances listed below. DATE OF OCCURRENCE: 6-15-21 TIME: ongoing LOCATION OF OCCURRENCE: 9703 216th PL SW Edmonds WA 98020 DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. See attached sheet (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. Matt Ko11vatovich JeLL RIm Rikm 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair, 4. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: NA Yes X * " ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY "` Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: No m a� R M `o 4- E .2 U O L 0 N m a� c� E 0 L 42 E U Form Revised 04/09/2021 Page 1 of 2 Packet Pg. 80 6.3.b This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I decia der penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. 7 7-21-21 rg of Claimant Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. N IM M E M 0 L O E U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 81 6.4 City Council Agenda Item Meeting Date: 07/27/2021 Motion to Postpone Consideration on a Resolution Adopting Council Rules of Procedure Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History On July 20, the Council began discussion regarding the proposed Rules of Procedure but due to lack of time, passed a motion to postpone consideration until July 27, 2021. The agenda for the July 27 meeting was already full, so it is proposed to postpone consideration until August 3, 2021. Staff Recommendation Adopt motion to postpone consideration of Council Rules of Procedure until August 3, 2021. Narrative N/A Packet Pg. 82 6.5 City Council Agenda Item Meeting Date: 07/27/2021 Award Construction Contract for Phase 2 Stormwater Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On July 13th, 2021, staff presented this item to the Parks and Public Works Committee and the Committee placed the item on the consent agenda for approval. Staff Recommendation Award the Phase 2 Stormwater Replacement construction contract to Dungeness Construction in the amount of $797,898 and authorize a management reserve of $119,685. Narrative This project is part of the City's program to replace and upgrade existing storm lines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency. The area of replacement was identified in the Drainage Report titled: 'Expanded Plan for Conveyance Improvements in the North Shellabarger Subbasin', completed in 2015. Per the report, this work will help mitigate stormwater flooding and conveyance issues within the Shellabarger storm basin. The project will replace storm piping, and structures on Maple St from 6th to 7th and the alley between Maple and Alder. On June 17 and June 24, 2021 the project was advertised for construction bids. The bids ranged from a low of $797,898 to a high of $1,403,383.21. The engineer's estimate was $851,200.00. Dungeness Construction submitted the low responsive bid of $797,898. A review of the low responsive bidder's record was completed and it was positive. Construction is expected to begin in August and be completed by October of this year. The project costs are being funded by the 422 Utility Funds. Attachments: Exhibit 1 Phase 2 Storm map Exhibit 2 Bid Opening Summary Exhibit 3- Phase 2 Sewer Bid Summary - Budget Packet Pg. 83 City of Edmonds Mapbook 6.5.b Phase 2 Storm Replacement Project Proposed Construction Budget Description Total Amount Contract Award $ 797,898 Construction Management, Inspection & Testing 15% $ 119,685 Management Reserve 15% $ 119,685 1 % for the Arts $ 5,342 Total = $ 1,042,610 Construction Funding Available Funding Total Amount 422 Funds for Phase 2 Storm Replacement $ 1,042,610 Total = $ 1,042,610 Packet Pg. 85 6.5.c Fst CITY OF EDMONDS PROJECT NAME: Phase 2 Storm Replacement Project t s90 Bid Date: 07/08/2021 ENGINEER'S ESTIMATE $8519200.00 Contractor Total 1 Dungeness Construction $ 7975898.00 2 Rodarte Construction $ 8155926.00 3 Road Construction Northwest $ 8445664.50 4 Kamins Construction $ 8875508.76 5 New X Inc. $ 1,243,655.33 6 Quilceda Excavation $ 1,4035383.21 \\edmsvr-deptfs\Engineering\Capital\CAPITAL PROJECTS\EOFB Storm Phase 2 (c547)\Construction\600 Bids & Contracts\620 Council Award\Bid Opening Summary F Packet Pg. 86 7.1 City Council Agenda Item Meeting Date: 07/27/2021 Public Hearing on the Planning Board recommendation to approve an amendment to Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC Staff Lead: Rob Chave Department: Planning Division Preparer: Rob Chave Background/History The City Council adopted Ordinance 4210 on December 15, 2020, as an interim zoning ordinance. The Planning Board reviewed this issue at its February 10, 2021, meeting and held a public hearing on March 24th. The Council previewed the issue on June 1, 2021. Staff Recommendation Direct the City Attorney to prepare an ordinance for adoption on the next available consent agenda Narrative The City Council adopted Ordinance 4210 on December 15, 2020, as an interim zoning ordinance (see Exhibit 1). The ordinance clarified conditions pertaining to outdoor dining and streamlined the process for approving this type of use on a commercial property. The Planning Board reviewed this issue and held a public hearing on March 24, 2021. The Board recommended making the interim provisions regarding outdoor dining a permanent part of the code. The Planning Board's only change was a technical edit, combining the related wording in 17.75.020 and 17.75.030 of Ordinance 4210 into a single section. With this change, the combined wording would read as follows (the underlined words are the relocated language from 17.75.030): 17.75.020 Outdoor dining - Secondary uses requiring permit. Outdoor dining shall be a secondary use requiring a permit only if the use includes a component subject to a building or fire permit. Components requiring a building or fire permit include, but are not limited to, detached (free-standing) structures and structures attached to a building, such as awnings, canopies, roofs, and pergolas. This use shall be established and maintained in accordance with the terms of this chapter. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of Title 19 building and fire codes. The adopted Ordinance 4210 is included in Exhibit 1. The Planning Board's previous discussions and recommendation are contained in Exhibit 2. The City Council's minutes are included in Exhibit 3. Attachments: Exhibit 1: Outdoor dining Ordinance 4210 Exhibit 2: PB minutes outdoor dining Packet Pg. 87 7.1 Exhibit 3: City Council Minutes Packet Pg. 88 7.1.a ORDINANCE NO. 4210 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. WHREAS, COVID-19 has created significant impacts to people's health and well-being, which includes not only immediate physical health, but economic health; and WHEREAS, Washington's Governor has been proactive in trying to responsibly address coronavirus issues and some of his actions have included orders to close or partially close businesses where COVID-19 transmission has the most risk; and WHEREAS, in Edmonds, food and beverage services, such as restaurants, have been especially impacted by full and partial closures; and WHEREAS, COVID-related restrictions on restaurants and similar businesses have limited or prohibited indoor dining during much of the year; and WHEREAS, even without a state order, many people that want to eat at a restaurant would prefer to do so in an outdoor environment, rather than indoors, to be a safer environment from a COVID-19 standpoint; and WHEREAS, some dining and beverage establishments already have permitted bistro dining for certain sidewalk areas per Chapter 17.70 ECDC or permitted outdoor dining on commercial properties per Chapter 17.75 ECDC; and WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a conditional use permit through a hearing examiner process that is more costly and time-consuming to obtain than an ordinary administrative permit; and WHEREAS, City staff have been working on potential code amendments to allow outdoor dining on commercial properties without a conditional use permit; and 1 Packet Pg. 89 7.1.a WEHEREAS, concepts for amending the code to allow outdoor dining without a conditional use permit were presented in a November 12, 2020 meeting of the City Council's Public Safety, Planning, and Personnel Committee and subsequently presented in a November 24, 2020 meeting of the City Council; and WHEREAS, the concepts for amending the permit process for on -site outdoor dining have been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community Development Code; and WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an emergency basis without first holding a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled "Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strike through). Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled "Other temporary buildings," is hereby amended to read as set forth below (new text is shown in underline; deleted text is shown in s4tl£e thfough): Except as provided in ECDC 17.70.030 and 17.75.010, a conditional use permit shall be required to construct a temporary building in any zone. The permit shall be administratively reviewed by staff and shall be valid for a period of one year; provided, however, that said permit may be extended by the development services director for a single one-year extension upon submittal of a written application prior to the expiration of the original permit. All the requirements of the zoning district shall be met. An appeal of the staff decision granting or denying such a permit or extension shall be reviewed by 2 Packet Pg. 90 7.1.a the hearing examiner in accordance with the requirements for any other conditional use permit under Chapter 20.06 ECDC. Section 3. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 4. Emergency Declaration. The city council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the council (RCW 35A.12.130), and that the same is not subject to a referendum. Without an immediate adoption of this interim zoning ordinance, restaurants would have to go through a much longer permit process before being able to offer outdoor dining. Any delay in the ability of the city's restaurants to offer additional outdoor dining could further jeopardize an already struggling restaurant industry. Therefore, this ordinance should be imposed as an emergency measure to protect the public health, safety and welfare by staving off restaurant failures and creating regulations so that Edmonds citizens will have safer places to dine for the remainder of the COVID-19 pandemic. Section 5. Severability. 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 6. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 4, as long as it is approved by a majority plus one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted by a majority plus one of the entire membership of the council, then the language declaring an emergency shall be disregarded, in which case, 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. 3 Packet Pg. 91 7.1.a Section 7. Adoption of Findings. The city council hereby adopts as findings of fact in support of the adoption of this ordinance the "whereas" clauses above. ATTEST/AUTHENTICATED: CI CLERK, SCOTT PASAY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MOOR MIKE NELSON December 11, 2020 December 15, 2020 December 18, 2020 December 23, 2020 4210 L, Packet Pg. 92 7.1.a SUMMARY OF ORDINANCE NO.4210 of the City of Edmonds, Washington On the 15th day of December, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4210. 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 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. The full text of this Ordinance will be mailed upon request. DATED this 15th day of December, 2020. T- Cit-Y-eLERK, SCOTT PA Y Packet Pg. 93 7.1.a CHAPTER 17.75 Exhibit A OUTDOOR DINING Sections: 17.75.010 Outdoor dining —Permitted secondary use. 17.75.020 Outdoor dining — Secondary uses requiring a eanditien ,' use permit. 17.75.030 Outdoor dining buildings or structures. 17.75.010 Outdoor dining — Permitted secondary use. A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN — neighborhood business zone, BC — community business zone, BP — planned business zone, BD — downtown business zone, CW — commercial waterfront zone, CG — general commercial zone, WMU— Westgate Mixed Use, MU — medical use zone, and FVMU — Firdale Village mixed use zone. When established as a permitted secondary use, the outdoor dining area shall currently comply or be proposed to comply with at least one of the following criteria: 1. The site is not directly adjacent to any residentially zoned property(ies). 2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies). 3. The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. 4. Seating is limited to an additional 4&50 percent of the existing interior seating of the establishment or 4-2-30 seats, whichever is greater. 5. Anv dining area adiacent to vehicle narking shall be senarated by landscaping, curb stop, wall or other suitable barrier B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the hours of 9:00 p.m. and 8:00 a.m. C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary buildings or structures used for the outdoor dining use do not require a separate conditional use permit. D. Seating shall be located outside of public rights -of -way. Seating within public rights -of -way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC 18.70.030.: E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor diningspace pace that would utilize existing on -site parking spaces, at least one ADA-accessible space must remain or be located on the site, 17.75.020 Outdoor dining — Secondary uses requiring a permit. Outdoor dining not meeting the requi eme 4s of Errs , 7 7c 0 non property outside of the public ri hg t of way shall be a secondary use requiring. a conditional „so permit only if the use includes a component subject to a buildingor r fire permit. Components requiring a buildingor r fire permit include, but are not limited to, detached (free-standing) structures and structures attached to a building, such as awnings, canopies, roofs, and per og las •_����� �. This use shall be established and maintained e*ly-in accordance with the terms of a eenditional use permit approved 1.y thethis chapter. 0 Packet Pg. 94 7.1.a 17.75.030 Outdoor dining buildings or structures. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code an community development code inel ,. ing but not limited to design revieT Title 19 building and fire codes. 7 Packet Pg. 95 7.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly swom, 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 EDH915965 ORDS 4206-4211 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 12/18/2020 and ending on 12/18/2020 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee far such publicatign is $68.60. rr+ Subscribed 9nd swo � rn o me on this �day of Lw Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEV 7State 70812MO21 My A Packet Pg. 96 Classified Proof 7.1.a ORDINANCE SUMMARY of Ih4 Clty of pn 1ha 15rn day oEam emix,2ria CilymCaune+l 11 nthe Cso0ohWa6NnflWn ft6eecuwpwoyaf Etld ordlnances "irrals" of Mfes are wldad as foli— ORDI ORDiNANCOF �NQ. 4208 AN NANG THY EOMOND3, jqWASHINGTON. CHANGING THE REGULAR MEETING TIMES OF 0 Ty COUNCIL MEETINGS AND CITY COUNCIL COMMITTEE MEETINGS. REINSTATING THE SECOND TUESDAY REGULAR COUNCIL MEETING, ESTABLISHING REGULAR COMMITTEE MEETING TIMES PRIOR TO THE SECOND TUESDAY REGULAR COUNCIL MEETING OR01NAiI ENO. 4207 AN ORDINANCE OF OF EDMONDS. WASHINGTON. AMENDING ORDINANCE NO. 410 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE OR0jNANO F NO.4208 AN ORDINANCE OF EDMONDS, WASHINGtON. ADOPTING AMENDMENTS TO THE CAPITAL FACILITIES PLAN ELEMENT OF THE COMPREHENSIVE PLAN; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDi YA NCE ND- 4209 AN QRDINANC��OF THE CITY OF EDMONDS. WASHINGTON. AMENDING CHAPTER 18.70 ECOC. ENTITLED 'STREET USE AND ENCROACHMENT PERMITS; TO ALLOW 'STREATEAWS' FOR DINING IN THE PUOLIC R[GHT-OF-WAY, DEM-ARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AN D EFFECTIV ENESS OF THIS OR DINANC E ORDINANCE HO. A210 AN ORDINANCE P THE C1TY OF EDMONDS, YVASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED 'OUTOOOR DINING,' AND A RELATED SECTION IN CHAPTER 17,70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE ORDINANCE NO.4211 AN ORDINANCE A T FOR THE CITY OF EDMONDS, WASHINGTON, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2021. The full Iex1 of thaw ❑lanan[es vtV be mabd upon requoul. DATED Ih15 15th Day of December, 2020. CITY CLERK. SCOTT PASSEY PubUehod; December 18, 20Z0- E01-1916965 Proofed by Sheppard, Dicy, 12/18/2020 08:47:48 am Page: 2 Packet Pg. 97 7.1.b Board Member Cloutier questioned if the Board Members have a clear understanding of exactly which properties in the downtown are zoned BD3. If not, then he cautioned against singling them out for the change. Chair Rosen said his motion to amend was intended to draw a smaller circle around the proposal. THE MOTION TO AMEND FAILED BY A UNANIMOUS VOTE. THE MAIN MOTION WAS APPROVED BY A VOTE OF 4-2, WITH CHAIR ROSEN, VICE CHAIR CRANK, AND BOARD MEMBERS CHEUNG AND CLOUTIER VOTING IN FAVOR AND BOARD MEMBERS MONROE AND ROBLES VOTING IN OPPOSITION. Mr. Chave advised that the Board's recommendation will be presented to the City Council for a public hearing. PUBLIC HEARING ON AN AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC)17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 Mr. Chave reviewed that the City Council adopted Interim Ordinance 4210 on December 15, 2020, partially in response to the limitations placed on dining during the pandemic. For several months, outdoor dining was the only way to accommodate patrons, other than take out. It was noticed that the City's codes pertaining to outdoor dining were extremely restrictive and required a Conditional Use Permit (CUP), which could take two or three months to process. The ordinance clarified the conditions pertaining to outdoor dining and streamlined the process for approving this type of use on a commercial property. Specifically, it eliminated the CUP requirement entirely, but still required that outdoor dining located directly adjacent to residentially -zoned properties must comply with the landscape requirements in the existing code or be screened by a building and/or 4-foot wall, hedge or solid fence. Mr. Chave advised that, previous to the interim ordinance, seating was limited to 10% of the existing interior seating or 12 seats, whichever was greater. This typically equated to just a few tables, and anything beyond that required a CUP. The interim ordinance increased the seating capacity to 50% of the existing interior seating or 30 seats, whichever was greater. In addition, a requirement was added that any dining area adjacent to vehicle parking had to be separated by landscaping, curb stops, wall or other suitable barrier. Although the CUP requirement was eliminated, the interim ordinance clarifies that building and/or fire permits would still be required for some elements associated with outdoor dining such as canopies, electric heaters, etc. He concluded that the proposed amendment would make the interim ordinance permanent. Chair Rosen opened the public hearing. As no one indicated a desire to provide testimony, Chair Rosen closed the public portion of the hearing. Mr. Chave recalled that, at the Board's last discussion on the proposed amendments, Board Member Pence suggested that some of the provisions in the ordinance could be combined for greater clarity. He observed that ECDC 17.75.010 deals with the land use standards, ECDC 17.75.020 talks about when a building or fire permit would be required, and ECDC 17.75.030 talks about buildings and structures having to comply with the building and fire codes. Perhaps the latter two could be combined, but ECDC 17.75.010 addresses something totally different. Again, he said the way the ordinance is currently constructed is fine, but it might make sense to combine the last two sections. Vice Chair Crank said she would support combining ECDC 17.75.020 and ECDC 17.75.030. BOARD MEMBER CLOUTIER MOVED THAT THE BOARD FORWARD THE PROPOSED AMENDMENTS TO ECDC 17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AS PRESENTED IN THE STAFF REPORT AND AMENDED TO COMBINE ECDC 17.75.020 AND ECDC 17.75.030. VICE CHAIR CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. (Note, Board Member Cheung was having technical difficulties and did not vote) REVIEW OF EXTENDED AGENDA Planning Board Minutes March 24, 2021 Page 7 Packet Pg. 98 7.1.b REVIEW OF INTERIM ZONING ORDINANCE (#4210) AMENDNG EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 Mr. Chave reviewed that the City Council adopted Ordinance 4210 on December 15, 2020, as an interim ordinance. The main affect was to change the Outdoor Dining Permit from what had been a Conditional Use Permit (CUP), which required a hearing by the Hearing Examiner and a lengthy review process, to an Administrative Approval that could be done by staff. Because Ordinance 4210 is an interim ordinance that expires after six months, the Board is being asked to review it and provide a recommendation about whether it should be adopted for a longer period of time or permanently. Chair Rosen asked Mr. Chave to articulate between the "Outdoor Dining" use that is the subject of the interim ordinance and "Streeteries." Mr. Chave explained that a variety of activities are allowed within the rights -of -way, but streeteries are a new type of use that came about during the pandemic. They are basically the temporary use of rights -of -way to help businesses survive. Because streeteries are allowed in ECDC 18 (Engineering and Public Works Standards), they are not something the Planning Board reviews or makes recommendations on. Ordinance 4210 relates to on -site outdoor dining, which typically occurs as an extension or accessory to a restaurant in an enclosed building. Sometimes it takes the form of patio dining or outdoor open decks. Board Member Robles asked if Ordinance 4210 would apply to the temporary structures (tents, etc.) that have expanded into parking spaces. Mr. Chave answered that the ordinance is not applicable to tents and other structures that are located within the rights -of -way. However, it could allow outdoor dining to be located in on -site parking areas, as long as the parking spaces are not part of a business's required parking. Chair Rosen asked how the Americans with Disabilities Act (ADA) requirement could potentially be impacted by outdoor dining areas. Mr. Chave answered that the applicant would still have to comply with all of the building code requirements, including making sure that access was ADA compliant. Board Member Pence asked if there have been any applications for outdoor dining since Ordinance 4210 was passed in December. Mr. Chave said he believes so, but he would need to ask the Building Official for this specific information. Board Member Monroe referred to ECDC 17.75.010(2), and asked how the 4-foot wall, hedge or fence was arrived at. He also asked how they arrived at the 50% or 30-seat limit. Mr. Chave said these requirements were part of the previous code that had been in place for many years. The substantial change was not requiring a CUP for the use. Board Member Pence observed that eliminating the CUP requirement from ECDC 17.75.020 would make ECDC 17.75.020 (Secondary Uses Requiring a Permit) functionally the same as ECDC 17.75.010 (Permitted Secondary Uses). If that is the case, then ECDC 17.75.020 could be eliminated entirely. Mr. Chave agreed it might be possible to combine the two sections. However, the language related to building and fire permits in ECDC 17.75.020 would need to be added to ECDC 17.75.010. He commented that there has been some debate and uncertainty about when and how the building and fire permits apply. Board Member Pence said he believes in having codes as neat and tidy and easy to follow as possible, and having two separate sections that are functionally indistinguishable is not good bill drafting. He suggested that the permanent ordinance combine the two sections in a way that accomplishes the intent. The remainder of the Board concurred. Mr. Chave said the intent of the ordinance is to make it clear that outdoor dining must be the secondary rather than predominant use of the property and that some buffering would be required. Chair Rosen referred to ECDC 17.75.010(A)(5), which appears to be motivated by safety. If the intent is to separate vehicles from patrons, perhaps it should be spelled out that the barrier must be suitable to protect the safety of the diner. Mr. Chave advised that a public hearing on the ordinance is tentatively scheduled for March 24'. CODE AMENDMENT TO BROADEN APPLICABILITY OF THE UNIT LOT SUBDIVISION PROCESS Mr. Clugston explained that this application is a privately -initiated Development Code amendment. As a Type V application, the Planning Board conducts a public hearing and makes a recommendation to the City Council. He explained that the Planning Board Minutes February 10, 2021 Page 2 Packet Pg. 99 7.1.c With regard to the issue of light, Councilmember Olson agreed that related to equity; it could arise anywhere and was not exclusive to the bowl. Blocking light can be an issue for someone's garden. She strongly favored incentives, agreeing they were complicated to figure out but that was the way to go. The environment is important, and instead of spending money on enforcement and punishment, she preferred to provide incentives for having the right tree in the right place. She felt the City could get better results with incentives rather than punishments. Mr. Lien said he did not assume the Council would complete this tonight; it was intended to provide some guidance. The Council has provided clear direction on the Heritage Tree Program. The direction regarding tree retention on private property not related to development seemed to be no permit but tracking for the removal of a certain number of trees. He will come back to Council to discuss views and habitat corridors in more depth so Council can provide clearer direction. Council agreed. Mr. Lien referenced comments regarding light, noting some jurisdictions have regulations related to solar access.. Mayor Nelson declared a brief recess. He relayed Council President Paine and he conferred during the recess and decided Item 8.5 would be postponed to a future meeting. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND THE MEETING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 4. PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Development Services Director Shane Hope advised this is not about outdoor dining on sidewalks or streets. Planning Manager Rob Chave advised this is a Planning Board recommendation on an interim ordinance Council adopted at the end of December related to outdoor dining. Although the ordinance was listed, it was not included in packet. He displayed the one -page ordinance and explained on private property, dining is allowed as an outdoor use. Until the interim ordinance, an additional 10% of the indoor seating was allowed as outdoor seating or 12 seats whichever was greater and beyond those limits a Conditional Use Permit (CUP) was required. He commented 10% of the interior seating or 12 seats was not very much and especially during COVID, it came to the City's attention that restaurants needed more flexibility. A CUP goes to the Hearing Examiner and costs thousands of dollars and takes up to three months for approval, making any significant outdoor dining cost and time prohibitive for a typical restaurant/small business. Mr. Chave explained the interim ordinance adopted by Council removed the requirement for a CUP, clarified the need for a building permit for any structures, and for retaining any ADA accessible parking spaces. The original code did not have a limitation on the amount of outdoor dining; the interim ordinance had a limit up to 50% of the existing interior seating and up to 30 seats. The interim ordinance was more generous than what was allowed without a permit, but not as open ended as the original code. The Planning Board held a public hearing and recommended making the interim ordinance permanent. A public hearing at City Council is scheduled on June 15t'' Councilmember Buckshnis asked how 30 seats versus 40 or 20 was decided when the original was 12. Mr. Chave it was 12 or 10% of the indoor seating whichever was more. Thirty seats seemed like a reasonable number, it could be lower or higher. The 50% was not a magic number but it clearly indicates that outdoor dining was to be a secondary part of the overall operation, not the main part. Under the interim code, the additional outdoor dining could be 50% of the interior or 30 seats. For example, a small takeout place with just a kitchen and no interior seating could have 30 outdoor seats. Edmonds City Council Approved Minutes June 1, 2021 Page 21 Packet Pg. 100 7.1.c Councilmember Buckshnis said the Planning Board minutes did not indicate how 30 seats was determined. She recalled the Planning Board asked about safety issues. Mr. Chave said there is a provision in the interim ordinance that states any dining adjacent to vehicle parking shall be separated by landscaping, curb stop wall or other suitable barrier. That was not in the original code and was added to the interim ordinance as a safety feature. 5. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE This item was postponed to future meeting. 9. COUNCIL COMMENTS Councilmember Fraley-Monillas cautioned the Council not to throw things on the agenda for campaign purposes. She was seeing campaigning occurring and did think that gave the citizens a fair shake if Councilmembers were using Council meetings for campaigning. Councilmember Fraley-Monillas reported Memorial Day was wonderful. She went to the cemetery and visited her parents, both of whom were WWII veterans, and her nephew, a Marine serving in the Middle East. Memorial Day is very important for those whose family members served in the military. She was very proud of her parents and her family for serving in the military particularly during WWII. Councilmember Olson reported she was excited to be working toward having 4th of July events. It will be a full press from the entire village to make it happen. She invite volunteers to reach out to the Chamber of Commerce sooner rather than later. There will be a lot of volunteer slots to fill but people with backgrounds directing traffic are particularly needed. She thanked the sponsors and large supporters, they are needed and appreciated. Councilmember Distelhorst reported on the nice event yesterday at the Edmonds Memorial Cemetery and thanked staff, the local VFW and also the Cemetery Board for organizing it. He relayed gun violence is preventable; there were some victories at the legislature this year, but there are many areas where a lot more work can be done. This is a policy choice and he hoped it will continue to be a priority for Edmonds, reducing preventable gun violence in the community. Councilmember Distelhorst reported June 1" is the start of Pride Month. It was sad to see the discriminatory bills from certain state legislatures, especially targeting trans youth, which is representative of how much work still needs to be done in Washington and in other states to ensure LGBTQ+ communities have the same civil rights, healthcare rights, and housing rights afforded everyone. He said we can celebrate and we can do good work. Council President Paine recognized the start of Pride Month. She recognized all the wonderful support she has had from managers and directors in her professional life who have been LGTBQ and the generosity of their support and interest in learning more about public administration. Memorial Day was a lot of fun and she was appreciative of the event at the Edmonds Cemetery and all the volunteers. Councilmember Buckshnis thanked Mayor Nelson for being at the end of the drive -through Memorial Day event at the cemetery. She expressed appreciation to President Biden for honoring the victims of Black Wall Street that marked 100 years yesterday, 100 years ago today Black Wall Street was devastated in Tulsa, Oklahoma. She found it very heartwarming and a wonderful gesture that shows the President recognition that things happened and the need to understand the equity aspect. She recognized the start of Pride Month, recalling three years ago she was on a cruise ship on June l' along with Maureen Judge, a fun time to be celebrating the joy of being a human being. She said everyone has right the right to do and say and be happy. Edmonds City Council Approved Minutes June 1, 2021 Page 22 Packet Pg. 101 7.1.c Councilmember K. Johnson said she served on the Planning and Public Works Committee with former Councilmember Tibbott. The committee talked about how to get sidewalks built and the truth was without grants, they would not get built because there was no money. Staff indicated the problem was the need for a consultant to design the project, go out to bid, etc. Staff suggested hiring a sidewalk crew, two people in Public Works. Council President Fraley-Monillas interrupted, stating this was out of order. The Council is supposed to be debating the CFP/CIP, but this commentary is going nowhere. She asked City Clerk Scott Passey to rule on this. Mr. Passey said if the discussion was not driving toward a yes or no vote on the CFP/CIP ordinance, which may include amendments, debate and votes, it was probably out of order. Mayor Nelson agreed. Council President Fraley-Monillas said she did not want to shut down Councilmember K. Johnson and suggested issues related to the CIP/CFP would be a good topic for a retreat in 2021. Tonight is not the time to present an 8-9 page document regarding issues with the CFP/CIP. Mayor Nelson agreed. Councilmember K. Johnson agreed and offered to work on that retreat item. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE THE ORDINANCE ADOPTING THE 2021-2026 CAPITAL FACILITIES PLAN, CONCURRENTLY WITH THE ADOPTION OF THE CITY 2021 BUDGET LATER TONIGHT. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBER BUCKSHNIS VOTING NO. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE 2021-2026 CAPITAL IMPROVEMENT PROGRAM AS DESCRIBED IN OUR PACKET. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY- MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Councilmember K. Johnson asked to change her vote on the motion to approve the CFP. Mr. Taraday said if Councilmember K. Johnson voted in the affirmative, she can move for reconsideration. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR RECONSIDERATION. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson said she wanted to change her vote from yes to no. Mr. Taraday said that could be done via a roll call vote. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Mayor Nelson declared a brief recess. 4. EMERGENCY ORDINANCES TO ALLOW STREATERIES IN ROW & OUTDOOR DINING WITHOUT CU PERMIT Development Services Director Shane Hope reviewed: • COVID 19 has changed the way we live • Restaurants & similar businesses hit hard • Special Event Permit —Temporary Mitigation Edmonds City Council Approved Minutes December 15, 2020 Page 18 Packet Pg. 102 7.1.c o Special event permit was authorized in August to allow dining in designated vehicle parking spaces ■ Originally thru Oct. 11 ■ Extended thru Nov 8 ■ Extended thru Dec 31 or Council adoption of streateries ordinance, whichever sooner o Liked by many people ■ Helps keep small businesses alive ■ Brings festive atmosphere to community ■ Allows users to dine in public place, but still have fresh air and spacing Two concepts for code updates to help address economic crisis 1. Streateries (parklets allowing dining/beverage service in designated vehicle parking space, within ROW) 2. On -Site Outdoor Dining (allowing more opportunities —without CUP —for outdoor dining on private property, not in ROW) o Both concepts presented at: ■ City Council's Nov. 12 PSPP Committee meeting ■ City Council's Nov. 24 meeting "Streateries" aka "Parklets" that are specifically for dining o Streateries Concept —Highlights ■ Applicable citywide, adjacent to commercial uses where street parking spaces are available ■ Subject to individual permits for up to one year with 6-month extensions possible ■ Dining on raised platforms, flush with sidewalk, to provide ADA accessibility ■ Maximum 2 parking spaces per use ■ Safety standards (e.g., fire & structural safety) to apply ■ Insurance and "hold harmless" agreements by applicants required ■ Some aesthetic guidelines included ■ Limitation on total number of streateries: 20 ■ Must meet state & health district standards (incl for COVID protections) ■ Must have reflective lights for night-time ■ Applicants to pay cost of platforms, safety barriers, liability insurance, etc. Note: City staff has also explored what other cities are doing for streateries o Draft Ordinance for Streateries ■ Amends Chapter 18.70 (Street Use and Encroachment Permits) ■ Proposed as emergency ordinance ■ Timing fits with Council's intent to respond quickly to COVID impacts ■ If adopted as emergency, public hearing proposed for Feb. 2 ■ Proposed to sunset on May 1, 2022 unless Council takes other action sooner ■ Sets specific standards, permit process, and inspections for streateries ■ Assures compliance with Governor orders, ADA, fire safety, & other requirements On -Site Outdoor Dining o On -Site Outdoor Dining Concept —Highlights ■ Allow under simple permit process, without going thru conditional use permit process ■ Allow on business property, such as on deck or patio or in parking lot ■ No requirement for additional parking spaces ■ May include canopy or awning ■ Ensure safety standards (e.g., for heaters) are met ■ Must have ADA access ■ Must meet building setback standards o Draft Ordinance for On -Site Outdoor Dining ■ Amends Chapter 17.75 (Outdoor Dining) Edmonds City Council Approved Minutes December 15, 2020 Page 19 Packet Pg. 103 7.1.c ■ Proposed as emergency interim ordinance ■ If adopted as emergency, would require public hearing, possibly February 2 ■ Would be in effect for up to six months ■ While interim ordinance is in effect, Planning Board would review & propose to City Council any longer -term ordinance Recommended Next Steps o Council to: ■ Adopt emergency ordinance for Streateries (with sunset date) ■ Adopt emergency interim ordinance for On -Site Outdoor Dining (with longer term recommendation by Planning Board in early 2021) ■ Hold future public hearings as needed (circa Feb. 2) o City staff to: ■ Finalize handouts and web information ■ Get word out to affected businesses Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question at a time. With regard to enforcement, Councilmember Distelhorst assumed the City would do an inspection when a restaurant applied for a permit and asked if someone who observed an inconsistency should contact the City's code enforcement. Ms. Hope answered yes. Councilmember Buckshnis relayed a question she had been asked whether a restaurant had to go to the expense of constructing a platform if they had ADA compliant seating available on the sidewalks. Ms. Hope said there was an exception in the ordinance for those situations. Councilmember Paine asked if a restaurant with a sidewalk cafe on the sidewalk would also be allowed to have a streatery in the right-of-way. Ms. Hope said based on past experience, there are a few businesses that have both sidewalk dining and a streatery, but most do not. This ordinance would allow the first 20 applicants who meet the requirements to obtain a permit, regardless of whether they have sidewalk dining. They would need to meet all the standards, but would not be penalized for having sidewalk dining. Councilmember Paine observed a restaurant could have both, a sidewalk cafe and a streatery. Ms. Hope agreed they could but would have to meet the 5 foot minimum span between so ADA access could be accomplished. With regard to enforcement, Councilmember L. Johnson asked what resources were available to assist businesses with enforcing health district standards such as the COVID protections. People who see things happening can report them to code enforcement, but what is the City doing to assist businesses who may be put in uncomfortable situations if customers do not abide by the requirements. The streateries are a new thing and there are disagreements about what should/should not be done to protect the public's health. If the streateries were intended to help restaurants stay in business and weather the pandemic, she asked whether it up to them to enforce the code or were there resources to assist with people who were not compliant. Ms. Hope answered the City does not enforce capacity limits in stores or enforce the use of masks, etc.; businesses are expected to deal with it. If there is a serious problem, the establishment can call the police or someone else for help. Providing information to the public regarding the rules is helpful. Mr. Doherty said during the late summer and fall when streateries were allowed via a special event permit, he talked to restaurants with a streatery every week; a couple restaurant owners reported having rowdy people or people trying to join tables, or other things that weren't allowed. The restaurant owners viewed the ability to use the street as a privilege and were very conscientious and had asked people to leave, etc. He assured they would be encouraged to observe the governor's statewide restrictions in this space because ultimately it was a privilege. Edmonds City Council Approved Minutes December 15, 2020 Page 20 Packet Pg. 104 7.1.c Councilmember K. Johnson recalled many years ago noted planner named Brooks spoke regarding community development in downtown Edmonds. He said if the City achieved a certain density, people would think of Edmonds as a place to eat. That has basically happened, Edmonds has become a destination and some of the City's codes were changed, including sidewalk seating. She did not want to dismantle that because it had been very successful. The Council is now considering other things to help restaurants and preserve the environment for the business community. However, if two parking spaces are dedicated for pickup and two for a streatery, she felt that was too much and did not support other uses in downtown Edmonds. She agreed with allowing sidewalk seating and off-street seating, but preferred to be more conservative with regard to allowing dining in parking spaces. She suggested allowing either two parking spaces for pickup or two parking spaces for a streatery, but not both. Ms. Hope said the parking spaces for pickup are handled by the Public Works Department who likely would not allow parking limitations too close to other things. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND TO 10:20 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Olson gave kudos to business owners, commenting so much has been thrown at them with constant change and they have been resilient, flexible and adaptable. They are a special breed and she was proud of them and encouraged them to keep up good work. Her biggest concern with what she has seen with the streateries is ensuring the spirit of the law is upheld. It is not just about creating an outdoor room with no ventilation, the point is for it to be healthier than eating inside. She hoped that was implicit in the ordinance and that it was enforced because the purpose of allowing outdoor dining was because it was safe. With regard to streateries being a privilege and the City bending over backward to support restaurants, she pointed out with privilege come responsibility. She urged the business community to find ways to help retailers next door, whether via a flyer attached to a takeout bag, tent cards on tables, or word of mouth such as popcorn for sale at the movie theater, or having Glazed and Amazed projects at a streatery during the day when it is not as busy. She thanked staff for their work on this project. Councilmember L. Johnson expressed concern about impacts on businesses, for example Glazed and Amazed that has one parking space and streateries on either each side. She asked if Glazed and Amazed could do the same thing, allow patrons to do art projects outside. Ms. Hope it is just for restaurant -type businesses who are closed to indoor customers. If the governor's orders change, staff will come back to Council to discuss options for other businesses. Councilmember L. Johnson asked how the decision was made to have one parking space between streateries and why two spaces were not required if a nearby business used the parking. Ms. Hope said people seldom get to park directly in front of the business they are frequenting; they may need to park 1-2 blocks away. The idea was to ensure restaurants could serve customers adjacent to their space, recognizing that people may have to walk a bit to reach other businesses. Councilmember L. Johnson said the way the ordinance is written, no more than two streateries can abut each other. Ms. Hope said another issue that came up is whether the parking spaces between streateries are too narrow so the ordinance requires a one foot setback on each side of the available parking space to provide some additional space. During the special event streateries, staff worked with restaurants to provide that and it worked well. Councilmember L. Johnson commented the ordinance allows two abutting streateries and one parking space between. In an area with nine parking spaces, there could technically be four streateries and only one parking space. She was concerned with how that could impact other businesses. Ms. Hope agreed it was a challenge, but there could only be a total of 20 streateries. Where it makes the most sense to have streateries is in areas where restaurants are concentrated. It is a balancing act, restaurants tend to be Edmonds City Council Approved Minutes December 15, 2020 Page 21 Packet Pg. 105 7.1.c clustered together. To make it work, the streateries need to be close to the restaurants. Councilmember L. Johnson wanted to ensure other businesses were kept in mind and it was not too difficult for them. Councilmember K. Johnson said one issue that was discussed previously but was not addressed tonight was the use of gas heaters and their impact on the environment. She asked what staff had learned. Ms. Hope answered in general gas heaters will not be used due to fire protection concerns with the flames and because few propane heaters are available. The preferred option will be electric heaters. Councilmember Paine observed restaurants providing onsite dining did not need to restore parking spaces. If on -street parking is constrained by streateries, she envisioned in 6-8 months there would be a lot of congestion and not a lot of parking and the City would be in the same place it was in the summer of 2019. She requested parking be monitored particularly when the weather gets warmer and people feel safer to come outside. Ms. Hope assured there will be monitoring and adjustments made as needed. With regard to the use of parking lots, it pertains mostly to businesses outside of the downtown area because few downtown restaurants have onsite parking. There are restaurants in Five Corners or Highway 99 that have more than enough parking and can allocate space for outdoor dining. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 18.70 ECDC, ENTITLED "STREET USE AND ENCROACHMENT PERMITS," TO ALLOW "STREATERIES" FOR DINING IN THE PUBLIC RIGHT-OF-WAY, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS ORDINANCE. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THAT THE FIRST ISSUANCE BE THROUGH OCTOBER 31ST WHICH BRINGS US TO HALLOWEEN AND THE START OF THE HOLIDAY SEASON FOR OUR EDMONDS MERCHANTS Councilmember K. Johnson said the City needed to be mindful of protecting businesses and there could be a six month extension. Council President Fraley-Monillas suggested if the Council really wanted to protect businesses, they would not have streateries in the summer because that is when downtown businesses experience the majority of the crowds. They have crowds around the holidays but only for a few days. Councilmember K. Johnson said Council President Fraley-Monillas was not speaking to the motion. Council President Fraley-Monillas did not support the motion because the issue was more than just around the holidays. By supporting the motion, a Councilmember was agreeing that that was when businesses did the majority of their business which she did not think was accurate. Councilmember Distelhorst relayed his understanding that the interim ordinance was the second one, not this one. Ms. Hope said the motion related to the ordinance for streateries is an emergency ordinance that is effective for one year. A one year period would allow businesses some assurance that they could recoup some of the costs associated with installing the necessary equipment. Councilmember Olson said the question posted by Councilmember K. Johnson was very thoughtful and she appreciated the reminder about the entire economic community. She trusted business owners would look out for their neighbors and businesses would consider how to capitalize on the restaurants who were granted the privilege of a streatery. Edmonds City Council Approved Minutes December 15, 2020 Page 22 Packet Pg. 106 7.1.c UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBER K. JOHNSON AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON VOTING NO. UPON ROLL CALL, MOTION CARRIED (7-0); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING" AND A RELATED SECTION, CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING AN IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. MOTION CARRIED UNANIMOUSLY. 5. ADOPTION OF 2021 CITY BUDGET (Previously Consent Agenda Item 6.12) COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, FOR APPROVAL OF THE 2021 CITY BUDGET. Councilmember K. Johnson said she pulled this to reserve the opportunity if any changes were made to the CFP/CIP. MOTION CARRIED UNANIMOUSLY. 8. NEW BUSINESS 1. SELECTION OF COUNCIL PRESIDENT FOR 2021 COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED SUSAN PAINE AS COUNCIL PRESIDENT. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND ANOTHER 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Taraday said once all the nominations are made, the Council will vote in the order nominations were made and the first to have a majority will be selected. COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER BUCKSHNIS NOMINATED VIVIAN OLSON AS COUNCIL PRESIDENT PRO TEM. SUSAN PAINE WAS SELECTED 2021 COUNCIL PRESIDENT BY ACCLAMATION. COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST, PAINE, AND L. JOHNSON VOTED IN FAVOR OF LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. 2. 2020 BOARD & COMMISSION RETIREMENTS (Previously Consent Agenda Item 6.8) Councilmember Olson thanked citizens who have served on boards and commissions and are retiring. Edmonds City Council Approved Minutes December 15, 2020 Page 23 Packet Pg. 107 7.2 City Council Agenda Item Meeting Date: 07/27/2021 Public Hearing regarding private code amendment to ECDC Section 20.75.045.B, entitled Unit Lot Subdivision - Applicability Staff Lead: Mike Clugston, Planning Department: Planning Division Preparer: Michael Clugston Background/History This application (AMD2020-0003) was introduced to Council on May 4, 2021. A private developer, represented by Citizen Design Collaborative, has proposed to add the Downtown Business zones to the areas in Edmonds where the unit lot subdivision process can be used. Unit lot subdivisions are currently only allowed in the General Commercial, Multiple Residential, and Westgate Mixed Use zones. While this change would apply to all the Downtown Business (BD) subdistricts, the developer would like to use the process at the site of his anticipated 14-unit townhome project at 614/616 5t" Avenue South. That project received design approval on May 19. Staff Recommendation Direct the City Attorney to prepare an ordinance for approval on a future consent agenda. Narrative The unit lot subdivision (ULS) process was adopted in 2017 to provide opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. A ULS does not permit uses or densities that are not otherwise allowed in the zoning district in which the subdivision is proposed. Each project where a unit lot subdivision is used is first reviewed and approved to verify compliance with all applicable building, fire, public works, and zoning codes. The ULS then follows and inserts property lines between dwelling units, typically along shared walls and enclosing a small private yard. Because the requested code amendment is a Type V legislative decision, the Planning Board first reviewed the change in accordance with ECDC 20.80.020. When staff introduced the applicant's BD -zone proposal to the Planning Board on February 10, 2021, it included an additional option for discussion. While the applicant's proposal would allow the unit lot process to be used in one additional zone, it seemed reasonable to further broaden the applicability to include any zone where multifamily residential is allowed on the ground floor. For example, ground floor multifamily is also allowed in the Office -Residential and Firdale Village Mixed Use zones. Rather than listing specific zones where the unit lot process may be used, it could be more efficient to broaden the definition to include all zones where ground floor multifamily is allowed rather than wait for Packet Pg. 108 7.2 additional code amendments that might arise in the future. The Planning Board moved both options to public hearing but initially indicated a preference for the broader language. At the public hearing on March 24, 2021, staff provided a map showing the existing zones where the ULS process is allowed, the proposed zones where ULS would be allowed if the code amendment is adopted, and the location of the five (5) unit lot projects that have received approval or are currently under review. The Board took testimony and discussed both options but had some concerns about whether there was a difference in the quality of construction between buildings built for condominiums versus those built for unit lot subdivision. It was ultimately determined that buildings in both types of ownership must meet adopted building codes and the Planning Board recommended the applicant's BD - only amendment to Council. Council Questions 1. Regarding owner -occupancy rules, could the 'live' or 'work' portion of the space be rented out by the unit owner? Staff response: How live/work units function is a separate question from whether ULS should be allowed in the BD zones. The unit lot subdivision process, under the Edmonds city code, mainly pertains to townhouse -type buildings in certain zones. It allows the townhouse units to be sold individually in a simple manner without going through a condo process. (Condo processes are more expensive and complicated than fee simple ownership.) Currently, in the downtown zone, the code provides only two choices for townhouses: (1) Each unit can be individually sold through a condo process; or (2) the full set of townhouse units can be held by one owner (or owner group) and the units rented out individually. Regardless, all the regular zoning requirements apply to these units; that includes all required setbacks and design standards, same as for any other property in the zone. In the case at hand, the townhouse buildings are being designed as live/work units. The street level would provide commercial space for each unit; a residential space would be above that. They would look no different by being condos or fee -simple townhouses or rented units. 2. In cases like 614 and 616 5th Ave S, can a person buy multiple parcels and treat them as one larger piece (with side setbacks on two sides than instead of the original 4 or 6)? Is this just as true with other ownership models already in place? Staff response: No. As with condos, a unit lot subdivision requires the creation of a Homeowner's Association that manages Conditions, Covenants and Restrictions (CCRs) that are required to be applied to the project. One person could own multiple units in a condo or multiple townhomes in a ULS but they could not then redevelop those units to anything other than what is allowed in the CCRs. Whether a condo or ULS, the HOA is responsible for maintenance of jointly -owned and outward -facing elements on the site (i.e., landscaping and fencing, access and parking areas, building facades, utilities) while individual owners are responsible for maintenance of their interior, private spaces. In both cases, maintenance of jointly -held areas is funded by annual assessments on the unit owners. 3. How many CCRs does the City review and do the homeowners have any input? Staff response: Staff has reviewed CCRs for three unit -lot projects since the unit lot subdivision code was adopted in 2017. Staff has not reviewed any of the CCRs for dozens of condo projects Packet Pg. 109 7.2 throughout the City over the past few decades. The City Attorney would be better able to explain the legal land use aspects but as we understand it, homeowners/buyers have no input on what CCRs say - they are drawn up by the developer's real estate attorney to meet the requirements in the Condominium Act in RCW 64.34. That appears to be the case whether the units are condos or unit lots. 4. Without an HOA, who holds the reserves for repairs? Staff response: If there was no HOA, a building owner (or owner group) would own the project and be responsible for maintenance. Attachments: Exhibit 1- City Council minutes May 4, 2021 Exhibit 2 - Planning Board recommended language - ULS in BD Exhibit 3 - Map of Current and Proposed Zones for ULS Exhibit 4 - March 24, 2021 Planning Board hearing excerpt minutes Exhibit 5 - Memo regarding building codes, condos and ULS Exhibit 7 - AMD2020-0003 Application materials Exhibit 6 - February 10, 2021 Planning Board intro excerpt minutes Packet Pg. 110 7.2.a Mr. Williams asked for clarification regarding how to proceed. In response to the request to wait a week, he asked if staff could wait a week for further input and then return for approval of the general concept for all the sections. Councilmember L. Johnson suggested putting it on the Consent Agenda in two weeks. Mr. Williams agreed it could be scheduled on the Consent Agenda in two weeks and if anything needed to be brought to Council in the meantime as a result of further input, that could be done. Councilmember Buckshnis said some citizens wanted to know if there would be a public hearing; she did not think a public hearing was needed and the public could contact staff. Citizens have told her that there were significant changes between this and the original proposal. She asked how citizens would contact staff or if staff preferred to schedule a public hearing. Mr. Williams did not see a need for a public hearing. The last slide in the presentation includes a number of ways to contact staff including emailing Mr. Hague, Mr. English, Mr. Hauss or him and citizens can include the Council if they wish. Councilmember K. Johnson requested the feedback received tonight be incorporated and any questions be answered because she did not want to see the same document on Consent. She recommended the team digest the comments from the public and the feedback from the Council and make the appropriate modifications. Mr. Williams acknowledged there were a lot of comments, but was uncertain any rose to the level of Council direction. Councilmember Olson suggested if the Council supported decreasing the size of the bulb outs on Bowdoin, that would be a good change. Mr. Hague assured the bulb outs on Bowdoin would not be exceptionally large. Councilmember Fraley-Monillas commented everybody has their own opinion and have been lobbied by various people, groups and organizations. She suggested the team come back with a project based on information and the background of employees and consultants. If some things can be added that make Councilmembers feel better, fine and if not, she was fine with the proposal. She was concerned with telling staff what they need to do when they are the professionals. Councilmember K. Johnson recalled she raised three safety concerns in her neighborhood along Bowdoin 2 Way, 1) lighting, 2) proximity of parking to intersections where right turns occur, and 3) whether it would be better to have parking on the south side of the street instead of the north because bicyclists will be going faster downhill and may need more visual distance. She commented it was easier to stop if someone opens E a car door on the uphill side than it is on the downhill side. She requested the team take a closer look at the three safety concerns she has noticed while walking and riding a bike in the neighborhood. Mr. Williams explained the north side is better for parking because Bowdoin is not all downhill westbound. The parking G t� study showed higher parking usage on the north side which is why it was proposed to be retained on that side. Homes on the south take their access in different ways. Those three things added up to it made sense t� to leave the parking on the north side. Staff can look at the lighting and provide a response as well as consider the proximity of parking where right turns occur. Councilmember K. Johnson agreed there is an uphill section from Five Corners on Bowdoin Way on the north side and the multi -family properties rely z on Bowdoin Way for parking. Once the top of the hill is reached, it is primarily downhill the rest of the way w to 9' Avenue. Due to bicyclists' speed, she requested the team reevaluate whether to have parking on the south side. E 2. INTRODUCTION REGARDING PRIVATE CODE AMENDMENT TO ECDC SECTION 20.75.045.B, ENTITLED UNIT LOT SUBDIVISION - APPLICABILITY Q Edmonds City Council Approved Minutes May 4, 2021 Page 17 Packet Pg. 111 7.2.a Development Services Director Shane Hope explained the intent is not to decide anything tonight, but to brief the Council on the basic idea. A public hearing will be held in the future as well as any other follow- up meetings that are necessary. Senior Planner Mike Clugston explained a private code amendment has been proposed to change where the unit lot subdivision (ULS) process would be allowed. ULS are currently only allowed in the General Commercial, Multiple Residential, and Westgate Mixed Use zones. This applicant would also like to allow it in the Downtown Business (BD) zones, and specifically at the site of their proposed 14-unit townhome project at 614/616 5th Avenue South, which is currently under review by the Architectural Design Board (ADB). He displayed a map of existing subdivision zoning, General Commercial primarily along Highway 99, Multi -Family zones primarily along arterials such as 212th, 196' and Edmonds Way and an area downtown. The applicant would like to use the process in the BD zones. When this application was submitted, staff felt it reasonable to add two more zones where ground floor multi -residential is an option, the Firdale Village Mixed Use Zone and a few parcels in the Office Residential (OR) zone on Sunset. The ULS process was adopted in 2017 to provide opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. A ULS does not permit uses or densities that are not otherwise allowed in the zoning district in which the subdivision is proposed. Each project where a unit lot subdivision is used is first reviewed and approved to verify compliance with all applicable building, fire, public works, and zoning codes. The ULS then follows and inserts property lines between dwelling units, typically along shared walls and enclosing a small private yard. Mr. Clugston identified five locations that have used the ULS process, one in a CG zone on 212' east of the high school and four others in the multi -family zones (one in the bowl, two near the high school and one in the south end of the City). There have not been any applications in the WMU; multi -family is allowed on the ground floor in some subdistricts and some zones allow townhouse type development as proposed at 614/616 5t" Ave S. The project at 614/615 5th Ave is currently under review by the ADB and could be approved without allowing the ULS process by creating condominiums but they would prefer to use the ULS process. The packet includes the current ULS code with brief markup in the applicability section that would identify the BD zone as an additional zone to allow use of the ULS process. Mr. Clugston relayed the Planning Board considered the BD, Firdale Village Mixed Use and OR zones and initially supported broadening the applicability but in the end recommended the BD zones. The owner of the site provided testimony last week during audience comments, but he was unsure if they were available on tonight's meeting. Ms. Hope advised there would be an opportunity at the public hearing for the applicant to speak to the code amendment they have applied for. Councilmember Buckshnis asked if the applicant was Pine Park 614, File Number PLN2020-0053. Mr. Clugston answered that is the application for design review. This amendment is File Number AMD2020- t� 0003. Councilmember Buckshnis observed there is one applicant, but the intent is to expand use of ULS into other zones. The applicant is only applying for 614 and 616 5th Avenue South. Mr. Clugston said that is the applicant's design review project; the applicant would like to use it on their project at 614/616, but it z apply throughout BD zones if approved. Ms. Hope reminded this type of zoning approach must be applied w to an entire zone, not just one parcel. Councilmember Buckshnis commented unless it was a variance. Ms. Hope said it would be difficult to qualify for a variance. The ULS process does not change the building, it simply allows instead of a condo or rental units in one complex, it could be divided up for single ownership. Councilmember Buckshnis commented the developer of this one parcel wants to expand the applicability a to Firdale and all the BD zones. Mr. Clugston explained the applicant's request was for the BD zones. During staff s review of their request, it seemed reasonable to extend it to other zones where ground floor Edmonds City Council Approved Minutes May 4, 2021 Page 18 Packet Pg. 112 7.2.a multifamily residential is allowed such as Firdale Village and OR. Ms. Hope pointed out the Planning Board only recommended the BD zones. Councilmember Buckshnis said with individual units rather than a condo, if a townhouse that used the ULS provision, it must be sold as a ULS with a business on the first floor. Mr. Clugston agreed. Councilmember Buckshnis said she has a lot of concerns, commenting she was unsure who has ever lived with the terrible neighbor next door and there are so many things that can go on downtown and although downtown is great now, she found it difficult to comprehend allowing ULS in all the BD zones. She said she would keep the rest of her questions for the public hearing. Councilmember Olson offered to provide her comments via email to Ms. Hope and Mr. Clugston so they could be addressed during the public hearing. Council President Paine said it sounds like the proposal is to add ULS to what can be allowed. Currently there could be building with condominium or apartments on the ground floor, but this would require commercial or office on the ground floor. These other ownership or rental properties are still allowed through the BD zones, but for a ULS, the ground floor use would be different. Mr. Clugston explained a commercial use is required on the ground floor in any event. Rather than an apartment or condo, this would be a fee simple where someone could buy one unit; in this developer's project, they are proposing 14 units, 3 in each of 2 buildings facing 5t'' and another 8-unit building behind. For example, in the 3 unit buildings on 5t'', each would be required to have commercial on the ground floor as part of a live/work unit and 2 levels of residential above. If the ULS process is approved, they could put property lines on those walls between the units and the units could be purchased separately. That is all the ULS does. Without ULS they could still create a condominium. Councilmember K. Johnson relayed her understanding a fee simple arrangement provided vertical ownership. What is different about this proposal is commercial on the ground floor. If it were a condominium, the responsibility would be the developer's, but with a fee simple arrangement, each individual townhome facing 5t' Avenue would become a commercial landlord and have to find renters, etc. Mr. Clugston relayed the assumption by the developer is this live/work unit concept exists in other parts of the country and they see some demand for it here. They are proposing those units in the project that is undergoing design review and plan to build them regardless of whether they can do ULS. Without ULS, they have indicated they will do condominiums. Assuming the units are design reviewed and approved and they get building permits, they plan to construct them with the units facing 5t' each having ground level commercial space as part of the live/work concept and owners will live above, essentially commuting downstairs to the commercial use. The range of uses in the downtown area is vast; it could be a small shop, an office, etc. The intent of the live/work concept is to have people live above their business. Councilmember K. Johnson commented that would be a challenge in that area of 5t' Avenue because there are no live/work units to the south and none between there and the fountain. This a new concept and she 0 wondered who would take the risk, whether it would be the developer or the homeowner. In the case of Westgate, there are still vacant spaces because some uses cannot be accommodated such as restaurants because of the fumes. She anticipated it would be a challenge to sell those units with the expectation z someone living above will want to work downstairs or it will be the homeowner's responsibility to rent out w the space. If it were a condominium, that would be the developer's responsibility, but with a ULS, it will be the homeowner's responsibility. That issue was not discussed by the Planning Board and is a key consideration. Mr. Clugston pointed out that is the risk this developer is taking on with this project; selling live/work units a whether they are owned through a condominium or ULS. The developer believes they can sell these units. It is a unique setup for Edmonds, there are no other live/work units, but that is not to say it won't work. Edmonds City Council Approved Minutes May 4, 2021 Page 19 Packet Pg. 113 Providing the ULS process would be one more tool they would have to create ownership of these rather than a condominium ownership model. Councilmember K. Johnson recalled when the post office site was developed, a couple units were live/work because there was access from the street but in fact no shops have located there. Mr. Clugston agreed several units on the north end of the building were identified as live/work but were not required to be live/work units. Ms. Hope advised staff will provide more information and there will be opportunity for further discussion. Councilmember Distelhorst requested staff not use red lines and shading on maps. He requested Councilmember when talking about housing not to call these terrible things. There are ULS in the city; those are residents and neighbors and fellow Councilmembers who live in multifamily ULS. They are not terrible things, they are housing options where people live. He asked if there was a date planned for the public hearing. Ms. Hope said staff will work with the Council President Paine on a date in the next month. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, THAT DIRECTOR HOPE AND THE COUNCIL PRESIDENT SET A DATE FOR THE PUBLIC HEARING FOR UNIT LOT SUBDIVISION CODE AMENDMENT. Councilmember L. Johnson said in the interest of time, she will contact Ms. Hope with her questions. Councilmember Buckshnis questioned whether a motion was necessary. Ms. Hope said a motion is not needed. A public hearing is required because it is an application. UPON ROLL CALL, MOTION CARRIED (4-0-3); COUNCILMEMBERS DISTELHORST, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE; COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS AND BUCKSHNIS ABSTAINING. Councilmember Buckshnis asked whether the art non-profit building was live/work. Ms. Hope recalled there was some discussion about that; she did not think it ever happened but offered to double check. Councilmember Buckshnis observed Firdale Village has one owner and there was some type of Master Plan done for Firdale Village in 2010. She asked if this would be an addition to the Firdale Master Plan. Ms. Hope explained this would simply allow, if the owner chose to use ULS, to sell units separately; it does not change the Master Plan. Councilmember Buckshnis apologized to Councilmember Distelhorst, stating comments are comments and she knew he did not like her vocabulary. The issue that many people have relayed to her is the fact that condominiums are a lot different than ULS and that is something to be concerned about. Council President Paine raised a point of order. Mayor Nelson requested Councilmembers refrain from making personal remarks about other Councilmembers. 3. UPDATE ON DEVELOPMENT ACTIVITIES This item was postponed to a future meeting. w 4. INTERLOCAL AGREEMENT WITH THE HOUSING AUTHORITY OF SNOHOMISH c COUNTY (HASCO) E E Ms. Hope recalled there were presentations regarding HASCO at the April 20' Council meeting, one from HASCO's executive director and another presentation about a potential ILA with HASCO should an a opportunity arise that would allow them to move forward with purchasing property consistent with all City zoning requirements for households that qualify as low income. HASCO currently owns three properties in Edmonds City Council Approved Minutes May 4, 2021 Page 20 Packet Pg. 114 7.2.b 20.75.045 Unit lot subdivision. A. Purpose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. B. Applicability. The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouses, and rowhouses and may be applied only in the following zones: multiple residential, downtown business, general commercial, and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in which flats are located. C. Association with Site Development — Application Timing. In the case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction with or preceding a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 2O.1O.O2O(B)(3) submitted in conjunction with or preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time. If the subdivision involves creating unit lot lines within common walls, a building permit application is required in order to verify that the walls meet the separation requirements in effect at the time of the subdivision application. D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 2O.75.O3O(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive aisles, turnarounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot's compliance with such requirements, and not based on whether individual unit lots meet such standards. E. Future Additions and Modifications. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 115 7.2.b all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed. E F. Homeowners' Association Ownership of Common Areas. Any commonly used areas or facilities within a unit lot subdivision, including but not limited to common access, garage or E Q parking areas, common open space or recreation space, common courtyards, commonly used stormwater facilities or side sewers and other similar features, must be owned and maintained 0 U by a homeowners' association with the right to assess the individual unit lot owners as o necessary to properly maintain and repair such areas. Appropriate documentation regarding y the rights of the homeowners' association must be submitted for recording with the final plat. G. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed N and recorded as an element of the final unit subdivision plat or short plat for maintenance of all 0 building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within any one building and must be recorded on the final unit lot plat. The requirement does not apply to detached single-family •L dwelling units. Common wall construction must meet currently adopted building codes. x H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit as long as the a' right to use that parking is formalized by an easement on the final plat. o m I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot must be noted on the final plat. a� J. An application for final unit lot plat will not be accepted until all foundations, including common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. as K. Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short c subdivisions while five or more lots are formal subdivisions pursuant to Chapter 20.01 ECDC o and the requirements of this chapter. [Ord. 4173 § 1 (Att. A), 2020; Ord. 4154 § 4 (Att. C), 2019; m Ord. 4070 § 1 (Exh. 1), 2017]. c� 0 m a� c .E c a N r t X W r C d E t v .r a The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 116 7.2.c r QP a 0 0 WOODWAY 302.6th A . S— 21222182nd �Pl. W- ��� I= ;ty-TH ST SW-� J298 80t__h- . W 7236 212th St. u Ok VST4S91 8615 244th St. c. C` ;97� s 1 - 7 i MOUN AKE TER CE i '�228TH STD ° s = c w a r x V, s 00 I 236TH ST U I y 11� ( 244TH ST -244TH Sl Proposed Subdivision Zoning (BD, OR, FVMU) FlExisting Subdivision Zoning (CG, RM, WMU) O Subdivided Unit Lot Site May 2021 Packet Pg. 117 7.2.d PUBLIC HEARING ON CODE AMENDMENTS TO BROADEN APPLICABILITY OF THE UNIT LOT SUBDIVISION PROCESS (FILE NUMBER AMD2020-0003) Mr. Clugston advised that this is a code amendment request from a private applicant, Citizen Design Collaborative, who has proposed a 14-unit townhome project at 614/615 5t1i Avenue S that is currently under review by the Architectural Design Board. He explained that Unit Lot Subdivisions (ULS) are currently only allowed in the General Commercial (CG), Multifamily Residential (RM), and Westgate Mixed -Use (WMU) zones. The applicant's proposed amendment would expand Staff subsequently proposed an alternative amendment that would further broaden the applicability language to include any zone where multifamily residential development is allowed on the ground floor. He pointed to the following attachments that were included in the Staff Report: • Attachment 1 — Cover letter from the request from the applicant, Citizen Design • Attachment 2 — Draft code amendment • Attachment 3 — Minutes from the Planning Board's February 10, 2021 meeting • Attachment 4 — A Map of ULS applicability in Edmonds Mr. Clugston reviewed that the ULS process was adopted in 2017 to provide opportunities to divide fee -simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivisions. At that time, it was felt that the ULS process would apply best to the CG, RM and WMU zones. When the proposed amendment came in, staff agreed that the ULS process could work well in the BD zones, and felt it could be further broadened to include the Office Residential (OR) and Firdale Village Mixed Use (FVMU) zones. He recalled that staff discussed both options with the Planning Board at their February 101 meeting, and the Board determined it would be appropriate to move the broader language to a public hearing. Mr. Clugston said that, as he prepared for the hearing, he noticed that some additional clarity was needed. As a result, he proposed the following small change to the language the Board considered at the last meeting. • ECDC 20.75.045(B) — Applicability. The first sentence would be changed to read, "The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhomes, and rowhouses in any zone where ground floor dwelling units or live/work units are allowed. " Live/work units are considered a residential building type according to the Building Code, and the change makes the language more specific as to where a ULS could occur. Mr. Clugston referred to the map (Attachment 4) showing the zones where ULS is currently allowed, the proposed zones where ULS would be allowed if the code amendment is adopted, and the location of the five ULS projects that have received approval or are currently under review. He summarized that the amendment would encompass the BD zones, as well as a few parcels in the OR and FVMU zones. He said staff believes the proposed amendment would create the ability for some interesting new projects in those areas. He reminded them that all projects would require design and building permit review before a ULS could be applied over top of them, and a ULS would not change density or allowed uses. It is simply a way to create fee -simple lots that have townhouse -type units on them. Chair Rosen opened the public hearing. Craig Pontius, Citizen Design Collaborative, said Mr. Clugston did a great job presenting the proposed amendment. He said the intent of the amendment is to provide an alternate means of ownership for project types that are already permitted under the code. Presently, the ECDC allows the construction of live/work units and townhomes in the BD zones, but they cannot be subdivided and sold fee simple. This requires them to be condominiumized instead. The intent is to provide some flexibility to property owners in the zone in terms of how the ownership structure of a given project will be put together. Dr. John Hogue, Edmonds, said he is a member of the City's Economic Development Commission (EDC), and serves on the EDC's Neighborhood District Subcommittee, of which Firdale Village is one. However, he was present to speak only as a private citizen. He said he is opposed to expanding the ULS provision to the BD, OR and FVMU zones, as he felt it would further erode existing commercial space set aside for businesses and stifle job creation and business recruitment for the City. If the City truly wants live/work in Edmonds, he suggested they stop prioritizing housing at the expense of commercial space. Planning Board Minutes March 24, 2021 Page 2 Packet Pg. 118 7.2.d He recalled that, at the last Planning Board meeting, Mr. Clugston stated that ULS has worked very well in the Westgate Mixed Use (WMU) zone. However, this is highly debatable, as two commercial spaces are still vacant two years after Westgate Village opened. The housing above restricts the types of businesses that can use the commercial space. Because the housing is maximized, the footprint of the ground floor commercial space is minimized, and the commercial spaces at Westgate Village are small. The lack of tenants is not due to the pandemic; it is due to incentivizing housing. He expressed his opinion that the WMU zoning has not worked well at all, and he is afraid the same situation will play out in the BD and FVMU zones if they start to incentivize housing de facto by making it easier to do a ULS. Michelle Douch, Edmonds, said she has followed this process, along with the Housing Commission's work on the Housing Action Plan. She recalled that, as originally proposed, the amendment would only apply to the BD-3 zone. She only recently learned that it has been expanded to include the entire BD zone, as well as the OR and other zones where ground floor multifamily residential is allowed. She is concerned that the proposal would change the zoning in multiple areas of the City under the cover of a single project. She feels that transparency is lacking for the community to know this is happening. The intent of the Housing Strategy is to create neighborhood village plans, transitional zones, etc. that allow for this type of development, which means there will be other smaller areas in the City that would be allowed to have tract townhome development. Because the proposed amendment would be applied to a much greater area of the City, she suggested that the process be slowed down to allow for greater public involvement. They should consider its impacts beyond just this one project. Mr. Pontius clarified that the proposed amendment is intended to modify an ownership model rather than allowable uses. Regulations related to parking, design, etc. would remain unchanged. The amendment is intended to address how the property is owned post construction, and the City would retain its ability to limit uses in a given zone, require design review, etc. The ULS would occur after all of the permits have been reviewed and approved, rather than something that is done to establish properties in order for entitlement to take place later. Again, he said anything that is constructed would have to be compliant with the current code, but it could be divided and sold off. As no one else indicated a desire to testify, Chair Rosen closed the public portion of the meeting. Board Member Cloutier observed that a lot of the public concern appears to be that the number of residential units allowed to be developed would increase if the amendment is approved. However, based on the Board's discussion at the last meeting, the density would not change. The number of residential units allowed would not change. The only thing that would change is the manner in which ownership of the units is handled. Mr. Clugston agreed that is correct. Board Member Cloutier summarized that, if approved, the amendment would not make more units available for residential use than is allowed under the current code. Mr. Clugston again agreed that is correct. Board Member Robles said he understands that condominium development is required to pass certain standards in terms of building envelope, ceilings, windows, etc. He asked if the ULS process would enable developers to skirt these standards or if the standard of build would be the same. Mr. Clugston said he is not familiar with specific condominium requirements, but the Building Division will review all projects to make sure they comply with the applicable building requirements. While he is not an expert on these requirements, it is likely the International Residential Building Code would apply. Again, Board Member Robles observed that the requirements to build a condo include some stringent building standards, and that adds cost to construction. There is also some associated construction liability. He asked if these requirements would be equally applicable to ULS ownership as they are to condominium ownership. Mr. Chave said his understanding is that the multifamily building code standards are applicable to all multifamily development, regardless of ownership. However, he acknowledged that there may be some differences as far as insurance rates, liability, etc. Board Member Monroe asked what problem the proposed amendment is trying to fix. He also questioned if the amendment would allow developers to skirt quality standards. He voiced concern that the Board doesn't have enough information, at this time, to consider the full consequences of the amendment. Mr. Chave said the only difference would be that of ownership. It would be a choice of whether a person wants to own the entire unit separately (fee simple) or be part of a larger condominium organization. Board Member Monroe commented that there are liability requirements that protect condominium owners that would not be required for ULS. He asked if that would have an effect on the quality of construction. Mr. Chave explained that a condominium association would have certain rules for how they operate, and a single owner would operate differently. Planning Board Minutes March 24, 2021 Page 3 Packet Pg. 119 7.2.d In terms of liability, there might be differences in insurance, whether it is joint insurance for the entire building versus an individual unit, but this would not impact the building standards that apply. He concluded that only the Building Official could provide a definitive answer to address this concern. Chair Rosen suggested the Board could delay its recommendation until the Building Official could answer the Board's questions and concerns, or they could make a recommendation now that is contingent upon the Building Official's response. Board Member Monroe asked why the condominium model has largely failed in Edmonds. If the answer is tied to liability or quality, he felt the Board should explore the issue further before making a recommendation. Mr. Chave responded that staff s understanding is that the proponents would prefer to do a ULS. If that doesn't work, they will simply go ahead with a condominium. Board Member Monroe asked how many condominiums have been constructed in the City over the past 15 years, as his understanding is that condominium development in the State of Washington has been arrested due to liability and quality issues. Mr. Chave said there were particular issues in the 1990s with how certain materials were being used or applied and that is where the issues of liability lawsuits and bank reluctance came into play. A lot of condominiums were being built using this cheap and easy method of construction, but these problems have largely been solved over the intervening years. But again, he said he isn't an expert in this field. He suggested the Board ask the applicant to respond to why he is interested in doing a ULS as opposed to a condominium. Mr. Pontius said he can't speak to this issue directly. The decision was made by the developer, and he was directed to pursue the option. His somewhat limited understanding is that, from the developer's perspective, the target market prefers the fee - simple ownership model to the condominium -association model. Board Member Monroe asked how many condominiums the developer has constructed in the State of Washington over the past 15 years. Mr. Pontius said he has only been in the profession for the past 7 years, so he hasn't done very many. He said he could follow up with his colleagues to see how common they are. His firm typically does apartment buildings that are sometimes condominiumized and sometimes held for rental. This decision is made by the owner later in the process. However, their townhouse developments are usually ULS rather than condominiumized. Vice Chair Crank said she would prefer to delay the Board's recommendation, as she feels that some subject matter expertise is missing in order for her to make a definitive recommendation. On a larger scale, she said she is feeling quite uncomfortable making a recommendation for the whole when the amendment was submitted to address one particular project. She doesn't want to make a blanket recommendation based on one particular project only to find out later that it isn't appropriate for some areas. Board Member Cloutier voiced concern that these questions were not raised at the last meeting, and Board Member Robles answered that they were. Board Member Cloutier said he did a quick search and there are no different rules for construction of condominiums. A condominium is a method of ownership of an apartment, townhouse or other building envelope. The building envelope and how it is subdivided is what determines the rules for construction in the code. Condominium associations can establish their own rules, but that is not the Board's concern. The Board's concern is about the use of land. In this proposal, the use of land would not change in any way except how it is owned. He questioned how changes in how the land is owned would impact the community. Board Member Robles observed that there is a litany of requirements associated with converting apartments to condominiums, including the air tightness, insulation, window quality, door quality, water vapor penetration through the skin of the building, sealants, etc. It is barely feasible, particularly since the new condominium laws were enacted in 2015 to protect the owners. The Planning Board's mandate is to do what is in the best interest of the citizens. The laws are there for a reason, and he isn't entirely sure they have fleshed out the cost and benefit to society in having this one project influence other future projects. While he is not recommending denial at this time, the Board needs some definitive answers to address the concerns. Mr. Chave said the Board could recommend approval of the amendment for must the BD zones, consistent with the applicant's original request. The only reason staff suggested the larger applicability was the desire to avoid piecemeal changes over time. He commented that converting rental units to condominiums is an entirely different issue because it involves a single property owner dividing the building into individual ownerships. With ULS and condominiums situations, there are separate owners for each unit and the building standards do not vary. When converting an older rental building, the Planning Board Minutes March 24, 2021 Page 4 Packet Pg. 120 7.2.d Building Official will look much more carefully at how the building complies with the current building codes. With new construction, developers would have a choice as to the type of ownership they are building for, but the constructions standards would remain the same. Board Member Cheung observed that the proposed amendment would not prohibit condominium development. It would simply open it up to allow townhome development, too. Mr. Clugston said it would allow both fee -simple and condominium ownership. Board Member Cheung questioned the Board's interest in deciding whether one ownership option is better than another. He said he doesn't know how allowing only condominium ownership would benefit the City. Unless he hears that the City has a special interest in only allowing condominiums, he is ready to forward a recommendation to the City Council. Board Member Robles said his concerns are related to building standards. If he was assured that the building standards would be the same for either condominiums or ULS, he would support the proposed amendment. Board Member Cheung noted that staff has indicated that the only change would be related to ownership and all other building standards would apply in either case. Board Member Robles said he wants to make sure that is, in fact, the case. He wants assurance that the proposed amendment would not open the door for a developer to build a lower -quality project than what would be required for a condominium development. Board Member Monroe didn't disagree with the comments provided by Board Members Cloutier and Cheung. However, he felt it would be entirely appropriate for the Board Members to consider the potential consequences. They should acknowledge that condominiums are more difficult to build because they come with strings attached and developers can be held responsible for poor quality. These same requirements would not apply to ULS projects. The amendment would make ULS projects easier to build, and they could presumably have worse quality. Even if the quality were the same, there would be no recompense to sue the developer once they are done. Vice Chair Crank said she is hesitant to make a blanket recommendation based on one particular project. She would feel better about making a recommendation now if the Board had the ability to come to consensus on the original amendment that would apply only in the BD3 zone. Chair Rosen reviewed the Board's potential options as follows: • Continue the hearing to a future date and request more information from staff. • Make a recommendation on the original amendment proposal, which would only apply to the BD3 zone. • Make a recommendation on the broader amendment, as presented in the Staff Report. • Make a recommendation on either the broader amendment or the original amendment, but make it conditional Board Member Cloutier referred to Revised Code of Washington (RCW) 64.55 (Multifamily Construction Defect Claims), which applies equally to condominiums, apartments, etc., and simply address how a building is constructed. Again, he said there are no separate laws that only apply to condominiums. In a transfer of ownership, the code name is condominium and the exact same building requirements apply. He said he doesn't see any reason to object to the proposed amendment or postpone a recommendation. He suggested that the Board consider two recommendations. First, they could make a recommendation on the applicant's original proposal, which would only apply to the BD3 zone. Second, the Board could make a recommendation on whether or not the proposed amendment should be applied more broadly, as recommended by staff. BOARD MEMBER CLOUTIER MOVED THAT THE BOARD TAKE ACTION ON THE APPLICANT'S ORIGINAL PROPOSAL FIRST, AND THEN CONSIDER ITS BROADER APPLICATION TO OTHER ZONES IN THE CITY AS A SEPARATE DISCUSSION. VICE CHAIR CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. Mr. Clugston clarified that the applicant's original proposal was to apply the ULS process in all of the BD zones throughout the downtown area. It was not specific to the applicant's property or even just the BD3 zone. Staff s proposal was to expand the amendment to also apply to the OR and FVMU zones. Planning Board Minutes March 24, 2021 Page 5 Packet Pg. 121 7.2.d VICE CHAIR CRANK MOVED THAT THE BOARD RECOMMEND APPROVAL OF THE APPLICANT'S ORIGINAL PROPOSED AMENDMENT TO APPLY THE UNIT LOT SUBDIVISION PROCESS IN ALL OF THE BD ZONING DISTRICTS. BOARD MEMBER CHEUNG SECONDED THE MOTION. Board Member Robles asked why the applicant's proposal was so broad to include all of the BD zones. Mr. Clugston said the applicant requested to change the applicability of the ULS process to add the BD zones. It was not specific to the BD3 zone. Again, staff suggested that the amendment be expanded to include the OR and FVMU zones. Board Member Monroe said he has environmental concerns regarding the proposed amendment, as well as how it might impact the City's housing strategy. He is also concerned about the points raised by Dr. Hogue about its potential impact to commercial development. The Board has an opportunity to postpone its recommendation to allow more time to get it right. Board Member Cloutier again asked how the amendment would change the density allowed, the number of units or housing availability. The only change would be to ownership. The issue to be addressed in the housing strategy is having units that are affordable, and the amendment would not have any impact. He suggested that the Board Members should have raised all of these issues and requested additional information at their earlier discussion in February. It is not acceptable to raise these concerns late in the process because it appears to be throwing up roadblocks as an excuse not to get things done. Once again, Mr. Clugston referred to the map (Attachment 4) and pointed out that the ULS process can be applied in all of the red areas, which is a mixture of RM zones primarily along 212t' Street SW, 76r' Avenue W, 196t1i Street SW and Edmonds Way, as well as the WMU zone in the Westgate area and the CG zones along Highway 99. There haven't been any ULS projects in that WMU zone yet, but there have been some in the RM and CG zones throughout the City. The applicant's request is to add the BD zones, and staff added three parcels zoned OR and the FVMU zone. He concluded that the process is already used in a number of locations, and it is just one more option in the toolbox that developers have. Board Member Robles asked why the amendment was not initiated by staff or the Housing Commission. If it is such a great underlying strategy for the City, it should come from the City staff rather than from a developer. He cautioned that it isn't possible to understand all of the condominium laws based on one Google search. There is more to it than that. Again, he asked why staff didn't propose the amendment. Mr. Clugston said the original application of the ULS process came through a private -developer request in 2016-17, and the Board reviewed and recommended approval of the request to apply the ULS process in the CG, WMU and RM zones. While staff could have proposed an amendment to apply the ULS to additional zones, it wasn't on their radar until it was brought up by a private developer to address his project in the BD3 zone. In both cases, the ULS amendments were proposed by developers. Mr. Chave added that it is also a question of timing. Staff has a lot of code amendment issues on their plate, and it hadn't occurred to them to propose the change. The developer felt it was important enough for their project to submit a development code amendment. Board Member Robles said he supports approving the change for just the project area, but the Board needs to have a broader discussion, as well as more information, before it can be applied to other zones in the City. Board Member Cheung commented that the fact that staff recommended a broader application of the amendment leads him to believe that they think it is a good thing that will allow developers more options. Board Member Monroe asked if staff s intent is to encourage more development in the BD, OR and FVMU zones. Mr. Chave disagreed that the proposed amendment would encourage more development. From staff s perspective, it would provide more housing ownership options, which is a good thing. Staff doesn't believe the only choice for multifamily housing should be apartments or condominiums. It makes sense to allow developers to sell individual units, and it is actually quite common for the townhouse model where units are set up on individual lots. That is basically what the applicant is proposing. In the applicant's case, it would also allow live/work units where the ground floor space is commercial, with residential above. However, each unit would still be owned separately. Chair Rosen recognized that the City is currently undertaking a larger discussion about housing, and the proposed amendment could have potential impacts on that strategy, as well as how the public is engaged in the discussion. CHAIR ROSEN MOVED THAT THE MOTION BE AMENDED TO APPLY TO THE PROJECT AREA ONLY. Planning Board Minutes March 24, 2021 Page 6 Packet Pg. 122 7.2.d Mr. Chave cautioned that the Board could recommend approval of the amendment for the BD3 zone only, but it cannot recommend changing the zoning for an individual property when talking about the overall zoning code. CHAIR ROSEN MOVED THAT THE MOTION BE AMENDED TO APPLY ONLY TO THE BD3 ZONE SPECIFICALLY. BOARD MEMBER CHEUNG SECONDED THE AMENDMENT. Board Member Cloutier questioned if the Board Members have a clear understanding of exactly which properties in the downtown are zoned BD3. If not, then he cautioned against singling them out for the change. Chair Rosen said his motion to amend was intended to draw a smaller circle around the proposal. THE MOTION TO AMEND FAILED BY A UNANIMOUS VOTE. THE MAIN MOTION WAS APPROVED BY A VOTE OF 4-2, WITH CHAIR ROSEN, VICE CHAIR CRANK, AND BOARD MEMBERS CHEUNG AND CLOUTIER VOTING IN FAVOR AND BOARD MEMBERS MONROE AND ROBLES VOTING IN OPPOSITION. Mr. Chave advised that the Board's recommendation will be presented to the City Council for a public hearing. PUBLIC HEARING ON AN AMENDMENT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 Mr. Chave reviewed that the City Council adopted Interim Ordinance 4210 on December 15, 2020, partially in response to the limitations placed on dining during the pandemic. For several months, outdoor dining was the only way to accommodate patrons, other than take out. It was noticed that the City's codes pertaining to outdoor dining were extremely restrictive and required a Conditional Use Permit (CUP), which could take two or three months to process. The ordinance clarified the conditions pertaining to outdoor dining and streamlined the process for approving this type of use on a commercial property. Specifically, it eliminated the CUP requirement entirely, but still required that outdoor dining located directly adjacent to residentially -zoned properties must comply with the landscape requirements in the existing code or be screened by a building and/or 4-foot wall, hedge or solid fence. Mr. Chave advised that, previous to the interim ordinance, seating was limited to 10% of the existing interior seating or 12 seats, whichever was greater. This typically equated to just a few tables, and anything beyond that required a CUP. The interim ordinance increased the seating capacity to 50% of the existing interior seating or 30 seats, whichever was greater. In addition, a requirement was added that any dining area adjacent to vehicle parking had to be separated by landscaping, curb stops, wall or other suitable barrier. Although the CUP requirement was eliminated, the interim ordinance clarifies that building and/or fire permits would still be required for some elements associated with outdoor dining such as canopies, electric heaters, etc. He concluded that the proposed amendment would make the interim ordinance permanent. Chair Rosen opened the public hearing. As no one indicated a desire to provide testimony, Chair Rosen closed the public portion of the hearing. Mr. Chave recalled that, at the Board's last discussion on the proposed amendments, Board Member Pence suggested that some of the provisions in the ordinance could be combined for greater clarity. He observed that ECDC 17.75.010 deals with the land use standards, ECDC 17.75.020 talks about when a building or fire permit would be required, and ECDC 17.75.030 talks about buildings and structures having to comply with the building and fire codes. Perhaps the latter two could be combined, but ECDC 17.75.010 addresses something totally different. Again, he said the way the ordinance is currently constructed is fine, but it might make sense to combine the last two sections. Vice Chair Crank said she would support combining ECDC 17.75.020 and ECDC 17.75.030. BOARD MEMBER CLOUTIER MOVED THAT THE BOARD FORWARD THE PROPOSED AMENDMENTS TO ECDC 17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AS PRESENTED IN THE STAFF REPORT AND AMENDED TO COMBINE ECDC 17.75.020 AND ECDC 17.75.030. VICE CHAIR CRANK SECONDED THE Planning Board Minutes March 24, 2021 Page 7 Packet Pg. 123 7.2.e of EDM � O Ins. tg90 Date: To: From: Subject: MEMORANDUM April 22, 2021 Edmonds City Council Mike Clugston, Senior Planner Are there differences in construction between condominium - owned buildings and fee -simple -owned buildings like those constructed as part of unit lot subdivision projects? This question came up at the March 24, 2021 Planning Board public hearing on the unit lot subdivision applicability amendment. Some Board members were concerned that condominium projects would be held to a higher building code standard than a fee -simple unit lot subdivision project. The City's Building Official, Leif Bjorback, confirmed that all multifamily development projects, whether ultimately rented or owned as a condominium or fee -simple, are reviewed against either the International Building (IBC) Code or the International Residential Code (IRC). There is a difference in which code applies, however. Party walls for condominiums are constructed to the standards of the IBC while fee -simple party walls like for unit lot projects are typically built to IRC standards, which are more robust than those under the IBC. Packet Pg. 124 I 7.2.f I City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE # ZONE ❑ HOME OCCUPATION DATE REC'D BY ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑ STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ® OTHER: CODE TEXT AMENDMENT • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION AMENDMENT APPLIES THROUGHOUT BD ZONES PROJECT NAME (IF APPLICABLE) UNIT LOT SUBDIVISIONS IN BD ZONES CODE AMENDMENT PROPERTY OWNER N/A PHONE # N/A ADDRESS N/A E-MAIL N/A FAX # N/A TAX ACCOUNT # N/A SEC. N/A TWP. N/A RNG. N/A DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) AMEND EDMONDS COMMUNITY DEVELOPMENT CODE 20.75.045.13 TO ALLOW UNIT LOT SUBDIVISIONS IN THE DOWNTOWN BUSINESS (BD) ZONES. DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) SEE ATTACHED. APPLICANT JACOB YOUNG PHONE # 206.535.7908 ADDRESS 10 DRAVUS STREET, SEATTLE, WA 98109 E-MAIL JYOUNG@COLLABORATIVECO.COM FAX # N/A CONTACT PERSON/AGENT SAME AS APPLICANT. PHONE # ADDRESS E-MAIL FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits erewith ubmitted are true and correct to the best of my knowledge and that I am authorized to file this application on the beh f of the o er as listed below. SIGNATURE OF APPLICANT/AGENT DATE 10.15.2020 Property Owner's Authorization I, , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page 1 of I Packet Pg. 125 7.2.f CITIZEN DESIGN COLLABORATIVECO.COM DATE October 15, 2020 206.535.7908 TO City of Edmonds Development Services 121 5th Avenue N WE ARE FAMILY Edmonds, WA 98020 DESIGNING INSPIRED SPACE PROJECT Unit Lot Subdivisions in BD Zones Code Amendment TO CREATE COMMUNITY SUMMARY Citizen Design appreciates the opportunity to propose this code text amendment to the Edmonds Community Development Code [ECDCL We believe that the proposal is consistent with the applicable portions of the 2017 Comprehensive Plan and will be in the best interest of the City and its residents. Specifically, the proposal would amend ECDC Section 20.75.045.B to add the Downtown Business [BDl zones in the list of zones in which unit lot subdivisions [ULS1 are allowed. Thiswould a[low zero- lot -line development, such as townhouses, to be subdivided for sale. Under present code, such developments must be held in common, condomiumized or permitted as Planned Residential Developments. If adopted, it is anticipated that the proposed amendment would encourage townhouse development due to the relative ease of selling unit lots versus condominium units. Such development could only take place in zones where it is currently allowed as the proposed amendment is limited to ULS applicability. We trust that this narrative and the attached supporting documents provide sufficient information to review the proposed amendment. If any questions arise, please feel free to contact our office. Humbly Submitted, Citizen Design CRITERION 1: CONSISTENCY WITH THE COMPREHENSIVE PLAN The proposed amendment affects properties with several Comprehensive Plan designations. These include Retail Core, Arts Center Corridor, Downtown Mixed Commercial, Downtown Convenience and Downtown Mixed Residential. All of them are located within the Downtown/Waterfront Activity Center overlay per the 2017 Comprehensive Plan Map. The 2017 Comprehensive Plan lists several framework goals for Activity Centers. These include pedestrian orientation, mixed uses, community character, and providing balanced redevelopment. [2017 Comprehensive Plan, pp. 43-441 More specifically, the Plan's Goa lA.6 states that the City's objective is to Ipjrovide greater ULS Code Amendment 12020 Packet Pg. 126 7.2.f CITIZEN DESIGN residential opportunities and personal services within the downtown, especially to accommodate the needs of a changing population." [Ibid., p. 461 Similarly, Goal EA specifically calls for "...a mix of uses downtown which includes a variety of housing, commercial and cultural activities." [Ibid., p. 481 In addition to the Activity Centers goals discussed above, the Land Use Element includes several goals specific to residential development. Residential Goal B states, "A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents..." [Ibid., p 671 The proposal supports this call for a variety of housing types by allowing townhouse -style construction to be subdivided for sale, thus encouraging townhouse development. When combined with the apartment and single-family residential typologies already present, this contributes to the variety of options available to residents. It is to be noted that the proposed amendment affects only the use of the ULS process. All proposed developments will also need to comply with applicable zoning code in effect. Thus, adoption of the proposed amendment will not permit townhouse construction in areas where it is not currently allowed. Since this is the case, the proposed amendment is expected to have a neutral effect on the compatibility of existing and proposed development. This is in accordance with the 2017 Comprehensive Plan's Housing Goal F, "Provide for a variety of housing types that respects the established character of the community." [Ibid., p. 941 It is also in accordance with the 2017 Comprehensive Plan's Economic Development Goal B, which calls for "...balancing the needs for housing, commerce and employment development with neighborhood character, amenitites and scale.- [Ibid., p. 1121. CRITERION 2: RELEVANCE TO PUBLIC HEALTH, SAFETY AND WELFARE The proposed amendment is expected to encourage the development of townhouses and their sale to individual owners. This may result in an increase in owner -occupied housing. Such housing is typically well -maintained as the occupants have a clear incentive to do so. The presence of housing more generally in mixed -use districts can also increase public safety via the "eyes on the street" effect. Although the proposed amendment will not allow housing to be constructed in areas where it is not already allowed, it may encourage such development. CRITERION 3: PUBLIC BENEFIT The primary public benefit to the City as a result of adopting the proposed amendment is its encouragement of owner -occupied, townhouse -style housing. This has the potential to further diversify the City's existing housing stock, which is in alignment with several of the City's goals in the 2017 Comprehensive Plan. Under present code, a project which seeks to establish the equivalent of unit Lots is required to follow the Planned Residential Development [PRD1 process. This process is more labor intensive for both the City's Development Services Department and the project proponent, and it is designed to allow the potential for alternative development standards. Not all projects require this flexibility, and allowing the use of the ULS process instead may reduce the burden on the Development Services Department. ULS Code Amendment 12020 Packet Pg. 127 7.2.g REVIEW OF INTERIM ZONING ORDINANCE (#4210) AMENDNG EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 17.75, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN ECDC 17.70 Mr. Chave reviewed that the City Council adopted Ordinance 4210 on December 15, 2020, as an interim ordinance. The main affect was to change the Outdoor Dining Permit from what had been a Conditional Use Permit (CUP), which required a hearing by the Hearing Examiner and a lengthy review process, to an Administrative Approval that could be done by staff. Because Ordinance 4210 is an interim ordinance that expires after six months, the Board is being asked to review it and provide a recommendation about whether it should be adopted for a longer period of time or permanently. Chair Rosen asked Mr. Chave to articulate between the "Outdoor Dining" use that is the subject of the interim ordinance and "Streeteries." Mr. Chave explained that a variety of activities are allowed within the rights -of -way, but streeteries are a new type of use that came about during the pandemic. They are basically the temporary use of rights -of -way to help businesses survive. Because streeteries are allowed in ECDC 18 (Engineering and Public Works Standards), they are not something the Planning Board reviews or makes recommendations on. Ordinance 4210 relates to on -site outdoor dining, which typically occurs as an extension or accessory to a restaurant in an enclosed building. Sometimes it takes the form of patio dining or outdoor open decks. Board Member Robles asked if Ordinance 4210 would apply to the temporary structures (tents, etc.) that have expanded into parking spaces. Mr. Chave answered that the ordinance is not applicable to tents and other structures that are located within the rights -of -way. However, it could allow outdoor dining to be located in on -site parking areas, as long as the parking spaces are not part of a business's required parking. Chair Rosen asked how the Americans with Disabilities Act (ADA) requirement could potentially be impacted by outdoor dining areas. Mr. Chave answered that the applicant would still have to comply with all of the building code requirements, including making sure that access was ADA compliant. Board Member Pence asked if there have been any applications for outdoor dining since Ordinance 4210 was passed in December. Mr. Chave said he believes so, but he would need to ask the Building Official for this specific information. Board Member Monroe referred to ECDC 17.75.010(2), and asked how the 4-foot wall, hedge or fence was arrived at. He also asked how they arrived at the 50% or 30-seat limit. Mr. Chave said these requirements were part of the previous code that had been in place for many years. The substantial change was not requiring a CUP for the use. Board Member Pence observed that eliminating the CUP requirement from ECDC 17.75.020 would make ECDC 17.75.020 (Secondary Uses Requiring a Permit) functionally the same as ECDC 17.75.010 (Permitted Secondary Uses). If that is the case, then ECDC 17.75.020 could be eliminated entirely. Mr. Chave agreed it might be possible to combine the two sections. However, the language related to building and fire permits in ECDC 17.75.020 would need to be added to ECDC 17.75.010. He commented that there has been some debate and uncertainty about when and how the building and fire permits apply. Board Member Pence said he believes in having codes as neat and tidy and easy to follow as possible, and having two separate sections that are functionally indistinguishable is not good bill drafting. He suggested that the permanent ordinance combine the two sections in a way that accomplishes the intent. The remainder of the Board concurred. Mr. Chave said the intent of the ordinance is to make it clear that outdoor dining must be the secondary rather than predominant use of the property and that some buffering would be required. Chair Rosen referred to ECDC 17.75.010(A)(5), which appears to be motivated by safety. If the intent is to separate vehicles from patrons, perhaps it should be spelled out that the barrier must be suitable to protect the safety of the diner. Mr. Chave advised that a public hearing on the ordinance is tentatively scheduled for March 24r''. CODE AMENDMENT TO BROADEN APPLICABILITY OF THE UNIT LOT SUBDIVISION PROCESS Mr. Clugston explained that this application is a privately -initiated Development Code amendment. As a Type V application, the Planning Board conducts a public hearing and makes a recommendation to the City Council. He explained that the Planning Board Minutes February 10, 2021 Page 2 Packet Pg. 128 7.2.g Citizen Design Collaborative is proposing to add the Downtown Business (BD) zones to the areas in Edmonds where the Unit Lot Subdivision Provision is applicable. He reviewed that United Lot Subdivisions are currently only allowed in the General Commercial (CG), Multiple Residential (RM), and Westgate Mixed use (WMU) zones. He said the applicant has submitted a parallel application for design review for a 14-unit complex at the old Baskin Robbins and Curve site. The proposal is to construct residential and live/work units on the site and then apply the Unit Lot Subdivision Provision on top of the buildings once constructed. However, this isn't currently allowed because the property is located in the BC zone. Mr. Clugston said there have been a number of Unit Lot Subdivision Projects over the last several years in the RM, WMU and CG zones that have worked out very well. Staff believes the proposed amendment makes sense in those areas in the BD zone where multifamily residential is allowed on the ground floor. The amendment might also be applicable to other areas of Edmonds, and staff is suggesting the Board consider the option of making the amendment more general to cast a broader net to include all zones where ground -floor multifamily dwelling units are allowed. This would include Office Residential, Firdale Village Mixed Use and Downtown Business zones, as well as any future subarea plans that allows ground -floor residential units. Board Member Pence noted that Unit Lot Subdivisions were only written into the code in 2017. He asked why the provision was written so narrowly to apply only to a limited set of zones. Mr. Clugston said he doesn't recall exactly why. But, generally, the RM, CG and MU zones were areas where they anticipated that Unit Lot Subdivisions would occur first. Five of the six projects were in RM zones. Based on these projects' success, staff believes it makes sense to allow them in the other zones, too. Mr. Chave said, sometimes, there are unusual configurations of property, and you don't always see how a multifamily use that fits this kind of development could occur. That may be why they missed applying the use more broadly. Board Member Pence agreed that application of the provision should be broadened as recommended by staff. Chair Rosen asked the worse concern staff can imagine someone might raise at the public hearing. Mr. Clugston said he can't think of one at this point. The look of the development on the ground would not change, as Unit Lot Subdivision would simply drops property lines on walls. It is an alternative to the condominium process, and he felt it makes sense to allow it wherever ground -floor multifamily units are allowed. Vice Chair Crank said the only concern she foresees is about the look and feel of the downtown core. She noted a recent story that was posted on MY EDMONDS NEWS about the design of the proposed project has already caused a stir. Mr. Clugston said the proposed amendment is a separate issue from the design. Whether or not the amendment is adopted, the applicant could build the units as long as Design Review and Building Permit approval are obtained. The question is how ownership will be divided up. The applicant could construct the units and then go through the condominium process, and the City would have no say whatsoever. If the amendment is adopted, the applicant would go through a separate process (Unit Lot Subdivision). In either case, the look of the buildings would not change. He agreed that this is something that would need to be clearly explained at the public hearing. Board Member Cheung asked if the proposed amendment could result in parking impacts. Mr. Clugston answered no, and advised that parking would be addressed as part of the Design Review and Building Permit processes. Board Member Monroe asked for reasons why developers might want to use the Unit Lot Subdivision option as opposed to the already established provisions in the code. Mr. Clugston answered that, currently, there is no provision in the code that would allow the applicant to do a subdivision. Right now, Unit Lot Subdivisions are only allowed in RM, CG and WMU zones. The applicant is requesting an amendment to allow the use in the BD zone to specifically take advantage of the fee simple option as opposed to the condominium process or rentals. Board Member Monroe asked why Unit Lot Subdivisions are an advantage over the condominium process. Mr. Clugston said his understanding is that the condominium process is more difficult, is not a public process, and it is hard to get insurance for the units. The zero -lot -line process used in other cities is the process that a lot of developers use to create fee -simple lots. Board Member Monroe reviewed that the adoption of the proposed amendment would not change the density allowed, the look and feel of development or the parking requirements. He noted that condominiums haven't been built in Washington for a number of years because of insurance issues, and the Unit Lot Subdivision Provision would make it easier for developers. He said anticipates that the greatest concern that might be raised at the public hearing is that the amendment would density Edmonds and particularly the downtown core. Vice Chair Crank agreed with that concern. Planning Board Minutes February 10, 2021 Page 3 Packet Pg. 129 7.2.g Board Member Pence suggested one reason developers do not like to do condominiums has to do with builder's liability. Under Washington's Condominium Law, builders have a very long period of time when they are liable for defects in the buildings, and they have been hit with some major lawsuits by homeowner associations. With Unit Lot Subdivisions, all of these issues go away. Board Member Robles noted that builder's liability lasts for eight years. In addition, there are building envelop laws associated with condominiums. You can't simply flip a building from an apartment to a condominium. You have to make sure that the building is structurally sound and that the building envelope, itself, meets a new standard. The windows have to retain certain energy requirements and other requirements would apply, as well. He voiced concern that the proposed amendment would be a quick way for developers to get around a significant amount of regulation associated with the condominium process. Board Member Cloutier observed that once a property is subdivided, each new division would have to meet all of the standards for construction. Mr. Chave said Unit Lot Subdivisions should be thought of as a different form of ownership: condominium versus subdivision. The standards and requirements would be the same for either. Chair Rosen asked if the potential concerns that the amendment would change the character or increase density could be considered fatal flaws that lead the Board to recommend denial. Mr. Clugston emphasized that the amendment would not result in changes in the character of an area or increased density. He referred to the "Purpose" section, which clearly states that "Unit Lot Subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which they are proposed. " Board Member Monroe said he appreciates that the proposed amendment would not change density. However, it should be noted that the current condominium law is holding back densification. By removing that dam, they could see a tidal wave of redevelopment in the downtown. He said he isn't a huge fan of the proposed amendment, as it will not do anything to address housing for the "missing middle." It seems it will simply make rich people richer. He suggested it is disingenuous to imply that the City isn't making it easier to develop this type of unit in downtown Edmonds. Board Member Pence agreed that the code change related to ownership options would make the construction of town homes a more attractive option for developers. However, it is important to consider that town homes are, by definition, a low to moderate density development for a downtown area. If they receive push back from the public, he doesn't believe it will be well-grounded. Vice Chair Crank asked if a Unit Lot Subdivision would include the ground floor. If so, could commercial be part of that ground -floor level? Mr. Clugston explained that the subdivision could apply to a live/work unit where the ground floor is a commercial use, with residential uses above. But primarily, the developments would be entirely residential. Board Member Pence asked if ground -floor commercial is required in the BD zone along 5' Avenue, or is it just an option the developer is choosing. Mr. Clugston answered that commercial is required on the ground floor along certain street fronts, including 5' Avenue. The applicant's solution is to develop live/work units, where there is a commercial use on the ground floor with residential above where the operator or owner of the business would live. Board Member Pence noted that some cities require the occupant of the ground -floor space to have a business license to establish the voracity of the business use so it doesn't become just another town home. He asked if the City would require a license. Mr. Clugston agreed that would be something to consider, as it makes sense to have the uses separated in some way. Board Member Monroe commented that the intent of the first -floor commercial requirement is to activate the space. Spaces that are occupied by businesses that do not invite the public in goes against the intent of the zoning. Mr. Clugston advised that any commercial use can be located on the ground floor in theory, and there is currently a broad range of businesses in the downtown area (office, service, retail, etc.). Mr. Chave added that, historically, live/work units are found back east. When the country was young, that was fairly typical. The use is not quite as common in the western United States because developers tended to build out because there was so much space. However, with the new urbanism that has occurred over the last two decades, live/work situations are becoming more common. They are seeing more demand or interest from people Planning Board Minutes February 10, 2021 Page 4 Packet Pg. 130 7.2.g who want to live close to where they work. Board Member Monroe commented that if the live/work units must be owner - occupied, people would have to move if their businesses close down. Vice Chair Crank said she plans to seek feedback from a friend who owns live/work space in Seattle. His optician business is on the ground floor, and he lives above. Vice Chair Crank asked if the proposed amendment would override the ground floor commercial requirement in the BD1 zone. Mr. Clugston answered no. Chair Rosen asked if the Board would have an opportunity to weigh in on how the regulations associated with Unit Lot Subdivisions are enforced. Mr. Chave said the proposed amendment is related solely to the Unit Lot Subdivision provision, and is unrelated to the ground -floor commercial use or other zoning requirements. Board Member Cheung asked if the owner of a live/work unit could use the ground floor space for a business, but rent out the upper floor to someone else. Mr. Clugston noted that the City hasn't permitted any live/work unit development to date. The use and owner -occupancy requirement will need further thought. However, that is a separate question from the proposed amendment. Chair Rosen suggested the Board Members keep the questions raised in their minds as they become further informed at the public hearing on March 24r''. In preparation for the hearing, he suggested that the Board provide feedback to staff about whether the amendment should be geographically specific to the BD zone or opened up to a broader area. Board Member Monroe voiced concern that the amendment might be more difficult to adopt if it is applied broadly. Mr. Clugston didn't believe that would be the case because Unit Lot Subdivisions are already allowed in many other parts of the City. The amendment would simply allow a developer to drop property lines down on a use that is already allowed in the zone. Vice Chair Crank said she is open to consider a broader application of the amendment to other zones in the City, but she isn't ready to recommend its application in the BD zone at this time. Chair Rosen asked if the applicant could develop the same project under the current zoning if the amendment is denied, and Board Member Monroe answered that the project would not likely pencil out. Board Member Cloutier requested that staff provide the Board with a before and after map to illustrate the areas that would be impacted by the proposed amendment based on the two options. Chair Rosen asked if the Board could recommend denial of the amendment now. Mr. Chave answered no and explained that the Planning Board must conduct a public hearing before making a recommendation to the City Council. The Board indicated general consensus that the amendment should be presented in the broader context at the public hearing. The description for the hearing should make it clear how the amendment evolved, and that it is being sparked by a very specific request for a very specific property. BOARD MEMBER PENCE MOVED THAT THE BOARD RECOMMEND THAT THE PROPOSED AMENDMENT MOVE TO A PUBLIC HEARING ON THE BASIS OF THE BROADER APPLICATION. BOARD MEMBER ROBLES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPOINTMENT OF NEW STUDENT REPRESENTATIVE Chair Rosen asked about the process for appointing a new Student Representative to the Board. Mr. Chave said staff would advertise the position next week. He recalled that, in the past, the Board set up a subcommittee to interview the candidates and make a recommendation to the Board. The Board agreed to follow that process, with Board Member Robles taking the lead. Planning Board Minutes February 10, 2021 Page 5 Packet Pg. 131 8.1 City Council Agenda Item Meeting Date: 07/27/2021 Edmonds Municipal Court Reorganization Staff Lead: Judge Whitney Rivera Department: Municipal Court Preparer: Scott Passey Background/History N/A Staff Recommendation Consider the four reorganization requests outlined in the Narrative. Narrative Edmonds Municipal Court (EMC) nimbly and skillfully responded to the needs of our community during the COVID-19 pandemic. The court remained open and transitioned to a combination of remote and in - person proceedings, amid both an uncertain quarantine period and a changing landscape of criminal law and procedure, due to appellate court decisions and legislative changes. The court showed its leadership in its staff, as Edmonds Probation Officer Omar Gamez was named Probation Officer of The Year by the Washington State Misdemeanant Probation Association (MPA). He was chosen among all the probation officers across the entire state. EMC is, for many members of our community, the face of the city. Any person who receives a parking infraction, a traffic infraction, or a criminal citation for a misdemeanor or gross misdemeanor interacts with Edmonds Municipal Court. Edmonds Municipal Court works every day to provide access to justice. In order to continue our work, correct past inequities, and staff positions to appropriately reflect the workload, the Court requests that City Council approve the following four requests: 1. Create an Assistant Court Administrator position; 2. Backfill the clerk position vacated by the individual who will become the Assistant Court Administrator, if approved, and create an additional Court Clerk position; 3. Reclassify the Court Administrator; and 4. Change the elected Municipal Court Judge position from 0.75 FTE to 1 FTE. These requests and supporting documentation are discussed in greater detail below. If all of these requests are approved and went into effect September 1, 2021, the estimated 2021 cost impact is $86,329.98. Packet Pg. 132 8.1 Position Current Cost If Request Approved 2021 Cost Impact Judge $135.460.50 annual salary $180,614 through July 1, $19,867.54 With benefits: $178,807.86 2022 With benefits: $238,410.48 Court Administrator $102,844 annual salary $125,008 With benefits: $9,752.16 With benefits: $135,754.08 $165,010.56 Assistant Court $69.780 annual salary $93,283 With benefits: $10,341.32 Administrator With benefits: $92,109.60 $123,133.56 Court Clerk Pay currently in place used $52,692 With benefits: $23,184.48 (replacing clerk who above in Assistant Court $69,553.44 will move to Administrator Assistant Court Administrator) Relicensing Court Position does not currently $52,692 With benefits: $23,184.48 Clerk exist $69,553.44 TOTAL I I 1 $86,329.98 Judicial Needs Estimation Throughout this memorandum and supporting documentation, the term Judicial Needs Estimation (JNE) is used. The JNE is used by courts throughout the entire State of Washington as one measure of a court's workload. The Administrative Office of the Courts (AOC) creates the JNE based on an algorithm that takes into account case filings and hearings held. AOC determines the needs for each court based on the statistics from the court's case management system called Judicial Information System (JIS). The data used to calculate the JNE is generated by the Caseloads of the Courts of Washington. However, the caseload tables used to calculate the JNE do not comprise a complete workload report. The caseload statistics do not reflect administrative activities, non -case activity, and off -bench case activity. Moreover, the JNE generated by AOC for Edmonds Municipal Court does not include search warrants or weekend jail booking reviews. Edmonds Municipal Court currently does not have sufficient staff to enter the search warrant statistics into JIS, which means that this work is not reflected in the caseload statistics and therefore not represented in the JNE. Moreover, the JNE does not reflect a presiding judge's duties. The JNE is the accepted measure of a court's caseload, even if it is not representative of a complete workload report for the reasons discussed above. The workload of the court impacts the number of staff required to serve our citizens. Realignment of Judicial Branch Organization Packet Pg. 133 8.1 The Role Realignment for Edmonds Municipal Court is attached as Appendix A. This document outlines the changes required to align with proper union and accounting procedures. The first page shows the current structure and highlights the problems with the way the court is currently organized. The second pages outlines how the increased funding would be used to remedy the current issues. Request for Assistant Court Administrator Edmonds Municipal Court is the only court in Snohomish County that does not currently have an Assistant Court Administrator. Many duties that are preformed when filling in for the Court Administrator are HR related and cannot be done by a union represented position. In order to be in compliance with the State Auditor and Administrative Office of the Courts (AOC) recommendations, EMC needs at least two levels to audit and track financial transactions. All courts in the county have at least two exempt levels monitoring and auditing court accounting of staff and Judicial Information System entries. This work is done by exempt personnel in other courts that are in compliance with the State's recommendations. This new structure would put EMC in compliance with the State Auditor and AOC recommendations. The new positions would also create a fair labor practice of a non -represented position supervising, monitoring, and auditing the work of union positions. This Assistant Court Administrator will provide succession planning, depth, and continuity of government in emergency situations. Backfill Court Clerk and Create New Court Clerk Position The individual who will become the Assistant Court Administrator, if approved, will vacate the Lead Clerk position. EMC is requesting that this position be backfilled. This Clerk would be responsible for front counter payment processing, accounts receivable, collection payments, time pay agreements, mail payments, and online payments. EMC is also requesting to create an additional Clerk position. Staff at EMC have been overwhelmed in their workload, resulting in overtime hours being used in 2020 and 2021. Compared to resourcing from comparable cities, EMC has three to eight fewer staff position. See Appendix D. Additionally, EMC will be creating and implementing a new driving while license suspended program. This program will greatly reduce the need for individuals to be criminally charged for failure to pay fines of traffic penalties. This program will help achieve the goals of Resolution No. 1460, which passed unanimously by the Edmonds City Council, and includes assisting eligible drivers in getting relicensed. Court Administrator Reclassification General Rule (GR) 29 governs judicial branch operations and administration. Pursuant to GR 29, all operation and administrative duties for any business -related matter may be delegated by the judicial officer to a Court Administrator. This includes personnel, budget administration, functions, and Packet Pg. 134 8.1 operations. GR 29 also provides that all duties set forth in the rule cannot be delegated to the legislative or executive branches of government. Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court Administrator is responsible for all functions of the court. The Court Administrator is appointed by and reports directly to the Presiding Judge. The Court Administrator is held to a comparable standard in duties, roles, knowledge, and expertise as other city department heads. This request is being made to the City Council because of the disparity between the pay grade for the Court Administrator and the work performed. The Court Administrator must have in-depth institutional knowledge and an understanding of court procedures and applicable laws. There has been a shift across the State to increase Court Administrator compensation and recognize the specialized nature of this position. A Court Administrator will be required by court rule to undergo continuing education. Because the Court Administrator must have wide-ranging knowledge and all -encompassing skills to carry out her extensive duties and responsibilities, this change is necessary to achieve equity and parity. The Court Administrator role has traditionally employed women in the role and labor market data reflects a disparity in pay relative to gender. Given the elevated duties of this position, EMC requests that the Council approve reclassifying the Court Administrator position to NR-20 to bring pay equity into alignment internally. Here is a sample of Court Administrator compensation in comparable cities: City Low End Salary High End Salary Shoreline* $170,119 $214,589 Kent $126,732 $198,456 Tukwila $124,608 $162,024 Lynnwood $119,743 $171,120 Mountlake Terrace* $105,849 $149,582 Marysville $104,973 $131,703 Des Moines $101,652 $124,788 Issaquah $99,867 $135,469 Kirkland $98,822 $127,536 Bothell $97,281 $124,375 Bremerton $94,200 $115,008 Edmonds (current) $93,283 $125,008 Puyallup $85,284 $109,152 * Shoreline and Mountlake Terrace contract with King and Snohomish counties. Salary shown is the Court Administrator for those counties. Packet Pg. 135 8.1 Change Municipal Court Judge from 0.75 FTE to 1 FTE As discussed above, the JNE generated by AOC estimates the judicial needs for EMC to be 1 FTE. The JNE and caseload statistics do not reflect administrative activities, non -case activity, and off -bench case activity. The JNE does not include search warrants or weekend jail booking reviews. The number of search warrants issued each year are as follows: § 2018 - 109 search warrants; § 2019 - 97 search warrants; § 2020 - 101 search warrants; and 2021- If numbers remain consistent throughout the remainder of the year, there will be approximately 108 search warrants. EMC currently does not have sufficient staff to enter the search warrant statistics into JIS. This means that this work is not reflected in the caseload reports and therefore not represented in the JNE. If our requests for staffing are approved, EMC could work towards ensuring that search warrants are entered into JIS so that they are reflected in the future JNE. Lastly, the JNE does not reflect a presiding judge's duties. Moreover, EMC expects that a number of legislative changes, including changing possession of a controlled substance from a felony to a simple misdemeanor, will likely impact the JNE moving forward. We expect an uptick in caseload activity as we reopen following the shutdowns from the COVID-19 pandemic. Lastly, under the Washington State Supreme Court Emergency Order, which is still in effect, bench warrants for failures to appear in court may only issue upon a consideration of factors including whether a warrant is necessary for the immediate preservation of public or individual safety. Because many criminal offenses that come through EMC do not meet this factor, bench warrants have been authorized but held for administrative review. Once the Washington State Supreme Court Emergency Order is lifted, we expect approximately 350+ bench warrants to issue. The arrests that inevitably will result from effectuating these warrants will also impact EMC's workload. Please feel free to reach out to myself or Uneek Maylor if you would like any additional information regarding our requests. Thank you in advance for your consideration. Attachments: EMC Reorganization Agenda Memo - footnoted EMC Appendix A EMC Appendix B EMC Appendix C EMC Appendix D EMC Appendix E EMC Appendix F Packet Pg. 136 8.1 EMC Appendix G EMC Appendix H Packet Pg. 137 8.1.a Agenda Memorandum From: Judge Whitney Rivera, Edmonds Municipal Court To: Edmonds City Council Meeting: July 27, 2021 Edmonds Municipal Court (EMC) nimbly and skillfully responded to the needs of our community during the COVID-19 pandemic. The court remained open and transitioned to a combination of remote and in -person proceedings, amid both an uncertain quarantine period and a changing landscape of criminal law and procedure, due to appellate court decisions and legislative changes. The court showed its leadership in its staff, as Edmonds Probation Officer Omar Gamez was named Probation Officer of The Year by the Washington State Misdemeanant Probation Association (MPA). He was chosen among all the probation officers across the entire state. EMC is, for many members of our community, the face of the city. Any person who receives a parking infraction, a traffic infraction, or a criminal citation for a misdemeanor or gross misdemeanor interacts with Edmonds Municipal Court. Edmonds Municipal Court works every day to provide access to justice. In order to continue our work, correct past inequities, and staff positions to appropriately reflect the workload, the Court requests that City Council approve the following four requests: 1. Create an Assistant Court Administrator position; 2. Backfill the clerk position vacated by the individual who will become the Assistant Court Administrator, if approved, and create an additional Court Clerk position; 3. Reclassify the Court Administrator; and 4. Change the elected Municipal Court Judge position from 0.75 FTE to 1 FTE. These requests and supporting documentation are discussed in greater detail below. If all of these requests are approved and went into effect September 1, 2021, the estimated 2021 cost impact is $86,329.98. Edmonds Municipal Court Agenda Memorandum — 1 Packet Pg. 138 8.1.a Position Current Cost If Request Approved 2021 Cost Impact Judge $135.460.50 annual salary $180,614 through July 1, $19,867.54 20222 With benefits:' With benefits: $178,807.86 $238,410.48 Court Administrator $102,844 annual salary $125,008 $9,752.16 With benefits: With benefits: $135,754.08 $165,010.56 Assistant Court $69.7803 annual salary $93,283 $10,341.32 Administrator With benefits: With benefits: $92,109.60 $123,133.56 Court Clerk Pay currently in place used $52,692 $23,184.48 (replacing clerk who above in Assistant Court will move to Administrator With benefits: Assistant Court $69,553.44 Administrator) Relicensing Court Position does not currently $52,692 $23,184.48 Clerk exist With benefits: $69,553.44 TOTAL $86,329.98 ' This number is reached assuming that employee benefits are approximately 32% of the employee salary z The EMC Judge's current salary is $135,460.50. This salary is based on the current district court judges' annual salary of $190,120, which is reduced 25% due to the current 0.75 FTE status and then another 5% as fixed by the Washington Citizens' Commission on Salaries for Elected Officials (i.e., $190,120 x 0.75 = 142,590 x 0.95 = $135,460.50). If approved to change the EMC Judge to 1 FTE, this would result in an annual salary of $180,614 through July 1, 2022 (i.e., $190,120 x 0.95 = $180.614). On July 1, 2022, the district court judges' annual salary increases to $193,447, which would increase the EMC Judge's salary to $183,774.65. 3 This position does not currently exist. However, if the request is approved, the person who will fill this role currently receives an annual salary of $69,780. Edmonds Municipal Court Agenda Memorandum — 2 Packet Pg. 139 8.1.a Judicial Needs Estimation Throughout this memorandum and supporting documentation, the term Judicial Needs Estimation (JNE) is used. The JNE is used by courts throughout the entire State of Washington as one measure of a court's workload. The Administrative Office of the Courts (AOC) creates the JNE based on an algorithm that takes into account case filings and hearings held. AOC determines the needs for each court based on the statistics from the court's case management system called Judicial Information System (JIS). The data used to calculate the JNE is generated by the Caseloads of the Courts of Washington. However, the caseload tables used to calculate the JNE do not comprise a complete workload report. The caseload statistics do not reflect administrative activities, non -case activity, and off -bench case activity. Moreover, the JNE generated by AOC for Edmonds Municipal Court does not include search warrants or weekend jail booking reviews. Edmonds Municipal Court currently does not have sufficient staff to enter the search warrant statistics into JIS, which means that this work is not reflected in the caseload statistics and therefore not represented in the JNE. Moreover, the JNE does not reflect a presiding judge's duties. The JNE is the accepted measure of a court's caseload, even if it is not representative of a complete workload report for the reasons discussed above. The workload of the court impacts the number of staff required to serve our citizens. Realignment of Judicial Branch Organization The Role Realignment for Edmonds Municipal Court is attached as Appendix A. This document outlines the changes required to align with proper union and accounting procedures. The first page shows the current structure and highlights the problems with the way the court is currently organized. The second pages outlines how the increased funding would be used to remedy the current issues. Request for Assistant Court Administrator Edmonds Municipal Court is the only court in Snohomish County that does not currently have an Assistant Court Administrator.' Many duties that are preformed when filling in for the Court Administrator are HR related and cannot be done by a union represented position. 4 Edmonds Municipal Court's full request for an Assistant Court Administrator and the proposed job description for this position are attached to this memorandum as Appendix B. Edmonds Municipal Court Agenda Memorandum — 3 Packet Pg. 140 8.1.a In order to be in compliance with the State Auditor and Administrative Office of the Courts (AOC) recommendations, EMC needs at least two levels to audit and track financial transactions. All courts in the county have at least two exempt levels monitoring and auditing court accounting of staff and Judicial Information System entries. This work is done by exempt personnel in other courts that are in compliance with the State's recommendations. This new structure would put EMC in compliance with the State Auditor and AOC recommendations. The new positions would also create a fair labor practice of a non -represented position supervising, monitoring, and auditing the work of union positions. This Assistant Court Administrator will provide succession planning, depth, and continuity of government in emergency situations. Backfill Court Clerk and Create New Court Clerk Position The individual who will become the Assistant Court Administrator, if approved, will vacate the Lead Clerk position. EMC is requesting that this position be backfilled. This Clerks would be responsible for front counter payment processing, accounts receivable, collection payments, time pay agreements, mail payments, and online payments. EMC is also requesting to create an additional Clerk position.' Staff at EMC have been overwhelmed in their workload, resulting in overtime hours being used in 2020 and 2021. Compared to resourcing from comparable cities, EMC has three to eight fewer staff position. See Appendix D. Additionally, EMC will be creating and implementing a new driving while license suspended program. This program will greatly reduce the need for individuals to be criminally charged for failure to pay fines of traffic penalties. This program will help achieve the goals of Resolution No. 1460, which passed unanimously by the Edmonds City Council, and includes assisting eligible drivers in getting relicensed. Court Administrator Reclassification' General Rule (GR) 29' governs judicial branch operations and administration. Pursuant to GR 29, all operation and administrative duties for any business -related matter may be s The proposed job description for the Clerk positon is attached to this memorandum as Appendix C. 6 Edmonds Municipal Court's full request for a Clerk position and the proposed job description are attached to this memorandum as Appendix D. Edmonds Municipal Court's full request for Court Administrator reclassification and the proposed job description are attached to this memorandum as Appendix E. 8 GR 29 is attached to this memorandum as Appendix F. Edmonds Municipal Court Agenda Memorandum — 4 Packet Pg. 141 8.1.a delegated by the judicial officer to a Court Administrator. This includes personnel, budget administration, functions, and operations. GR 29 also provides that all duties set forth in the rule cannot be delegated to the legislative or executive branches of government. Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court Administrator is responsible for all functions of the court. The Court Administrator is appointed by and reports directly to the Presiding Judge. The Court Administrator is held to a comparable standard in duties, roles, knowledge, and expertise as other city department heads. This request is being made to the City Council because of the disparity between the pay grade for the Court Administrator and the work performed. The Court Administrator must have in-depth institutional knowledge and an understanding of court procedures and applicable laws. There has been a shift across the State to increase Court Administrator compensation and recognize the specialized nature of this position. A Court Administrator will be required by court rule to undergo continuing education. Because the Court Administrator must have wide-ranging knowledge and all -encompassing skills to carry out her extensive duties and responsibilities, this change is necessary to achieve equity and parity. The Court Administrator role has traditionally employed women in the role and labor market data reflects a disparity in pay relative to gender. Given the elevated duties of this position, EMC requests that the Council approve reclassifying the Court Administrator position to NR-209 to bring pay equity into alignment internally. Here is a sample of Court Administrator compensation in comparable cities: Shoreline* Low End Salary $170,119 High End SalaryCity $214,589 Kent $126,732 $198,456 Tukwila $124,608 $162,024 Lynnwood $119,743 $171,120 Mountlake Terrace* $105,849 $149,582 Marysville $104,973 $131,703 Des Moines $101,652 $124,788 Issaquah $99,867 $135,469 Kirkland $98,822 $127,536 Bothell $97,281 $124,375 Bremerton $94,200 $115,008 Edmonds (current) $93,283 $125,008 Puyallup $85,284 $109,152 9 The City of Edmonds 2021 Non Rep Annual Salary chart is attached as Appendix G. Edmonds Municipal Court Agenda Memorandum — 5 Packet Pg. 142 8.1.a * Shoreline and Mountlake Terrace contract with King and Snohomish counties. Salary shown is the Court Administrator for those counties. Change Municipal Court Judge from 0.75 FTE to 1 FTE As discussed above, the JNE generated by AOC estimates the judicial needs for EMC to be 1 FTE.10 The JNE and caseload statistics do not reflect administrative activities, non -case activity, and off -bench case activity. The JNE does not include search warrants or weekend jail booking reviews. The number of search warrants issued each year are as follows: ■ 2018 — 109 search warrants; ■ 2019 — 97 search warrants; ■ 2020 — 101 search warrants; and ■ 2021— If numbers remain consistent throughout the remainder of the year, there will be approximately 108 search warrants. EMC currently does not have sufficient staff to enter the search warrant statistics into JIS. This means that this work is not reflected in the caseload reports and therefore not represented in the JNE. If our requests for staffing are approved, EMC could work towards ensuring that search warrants are entered into JIS so that they are reflected in the future JNE. Lastly, the JNE does not reflect a presiding judge's duties. Moreover, EMC expects that a number of legislative changes, including changing possession of a controlled substance from a felony to a simple misdemeanor, will likely impact the JNE moving forward. We expect an uptick in caseload activity as we reopen following the shutdowns from the COVID-19 pandemic. Lastly, under the Washington State Supreme Court Emergency Order, which is still in effect, bench warrants for failures to appear in court may only issue upon a consideration of factors including whether a warrant is necessary for the immediate preservation of public or individual safety. Because many criminal offenses that come through EMC do not meet this factor, bench warrants have been authorized but held for administrative review. Once the Washington State Supreme Court Emergency Order is lifted, we expect approximately 350+ bench warrants to issue. The arrests that inevitably will result from effectuating these 10 Edmonds Municipal Court's full request to change the Judge from 0.75 FTE to 1 FTE and the JNE for 2019/2020 are attached to this memorandum as Appendix H. The JNE for past years is as follows: 2020 — 0.96 (COVID-related); 2019 —1.02; 2018 — 0.75; 2017 — 0.75; 2016 — 0.75; 2015 — 0.53; 2014 — 0.53. Edmonds Municipal Court Agenda Memorandum — 6 Packet Pg. 143 8.1.a warrants will also impact EMC's workload. Please feel free to reach out to myself or Uneek Maylor if you would like any additional information regarding our requests. Thank you in advance for your consideration. Edmonds Municipal Court Agenda Memorandum — 7 Packet Pg. 144 8.1.b Appendix A c 0 Cu N Cu L 0 NN0 L7� L 0 U .v r_ 3 c O E W Q X_ C 0 Q Q a U W r C d E t V r r a Packet Pg. 145 8.1.b Current Judicial Branch Organizational Chart Municipal Court Judge (Elected) .75 FTE Line Staff Lead Clerk (union) NE-9 Auditing union clerk work, creating court clerk schedule, collections, time payments reports, Trust account report, refunds, checks, NSF, daily accounting, end of month accounting, administrative backup role for user - level access in the Judicial Information System. (All auditing of accounting, even own work) Criminal Clerk (union) NE-7 Criminal Calendar clerking (pre -conviction), pre-trial motions and jury trials. All document processing and data entry for criminal calendars. Payment and customer service duties. Infraction Clerk (union) NE-7 Infraction and Parking clerking, contested and mitigation hearings, document processing and data entry for Infraction calendars. Payment and customer service duties. Jail Clerk (union) NE-7 Jail Booking clerking (pre and post -conviction hearings), arraignment clerking. All document processing and data entry for criminal and jail calendars. Payment and customer service duties. Probation Officer 1 (union) NE- 10 Probation appointments, pre- and post -conviction monitoring, review hearing appearance, therapies and jail hearing appearances, MRT group facilitator. Online payment refunds, signatory on court checking account, back up daily accounting and cashiering. Can access all financials in a management role. Probation Officer 2 (union) NE-10 Probation appointments, pre- and post -conviction monitoring, review hearing appearance, therapies and jail hearing appearances, MRT Group Facilitator. Administration Court Administrator (Exempt) NR-14 • Directs department operations to maintain effective and efficient programs; ensures compliance and accountability with Federal, State, and local regulations, policies and procedures. • Budget drafting and administration, strategic planning for Judicial Branch, grant writing, staff hiring, discipline, and termination, employee training and evaluations • Union working condition negotiations, RFP's and contracts negotiation ■ Entry and verification of all local laws and users for the Judicial Information System, • Representative for all external stakeholder communication and meetings, banking reconciliation, Record Retention Officer, Public Records Request Officer for Administrative Records per Gr • Supply purchasing and expenditures, Court website information administration and updates • Jury management record retention and payments, Trust account auditing, criminal caseload report auditing, program and statistical data recordings • Facilities management for courtroom and office changes, Administrative Policies and Procedures for court staff and the public access to court records. • District and Municipal Court Management Association Representative. • Current responsibilities shown in red indicate areas of concern for financial standards set by the Auditor. It also highlights the impropriety of union employees monitoring and auditing other union employees, which has resulted in forms of discipline. These areas of concern were raised to the previous HR Director, Finance Director and Judge in 2019 by the Court Administrator. • Areas of financial concern are outlined in the attached XLS, which was provided to the executive branch in 2019. Packet Pg. 146 8.1.b Requested Changes Judicial Branch Organizational Chart Municipal Court Judge (Elected) 1 FTE Line Staff Court Clerk Position (union) NE-7 Front customer service and all payment processing, accounts receivable transaction, collection processing, and all payment transactions including: time pay agreements, mail payments, online payments, bankruptcy processing, bail and bonds DWLS Clerk (union) NE-7 Review calendar (post -conviction) and therapeutic court clerking, UP Payment program coordinator, back up all front counter duties. Refunds, NSF, checks issued (all refiind transactions) Criminal Clerk (union) NE-7 Criminal Calendar clerking (pre -conviction), pre-trial motions and jury trials. All document processing and data entry for criminal calendars. Payment and customer service duties. Infraction Clerk (union) NE-7 Infraction and parking clerking, contested and mitigation hearings, all document processing and data entry for infraction calendars. Payment and customer service duties Jail Clerk (union) NE-7 Jail Booking clerking (pre and post -conviction hearings), warrant pick up and arraignment clerking. All document processing and data entry for criminal and jail calendars. Payment and customer service duties. Probation Officer 1 (union) NE- 10 Probation appointments, pre- and post -conviction monitoring, review hearing appearance, Therapy court and jail hearing appearances, MRT Group Facilitator. No Accounting access or processing of any kind. Probation Officer 2 (union) NE-10 Probation appointments, pre- and post -conviction monitoring, review hearing appearance, therapy court and jail hearing appearances, MRT Group Facilitator. Administration Court Administrator (Exempt) NR-20 • Directs department operations to maintain effective and efficient programs; ensures compliance and accountability with Federal, State, and local regulations, policies and procedures. • Budget drafting and administration, strategic planning for Judicial Branch, grant writing, staff hiring, discipline, and termination, employee evaluations, • Union working condition negotiations, RFP's and contracts negotiation, entry and verification of all local laws and users for the Judicial Information System, Representative for all external stakeholder communication and meetings, banking reconciliation, Record Retention Officer, Public Records Request Officer for Administrative Records per Gr, Trust account auditing, criminal caseload report auditing, program and statistical data recordings Administrative Policies and Procedures for court staff and public access to court records. District and Municipal Court Management Association Representative. (All final bank reconciliation recording and auditing of end of month periods prepared by Assistant Administrator) Assistant Court Administrator (Management) NR - 14 • Administrative access in the Judicial Information System JIS. ■ Employee training and coaching, payroll processing, supply purchasing and expenditures, Court staff schedules, courtroom calendar schedule, program and statistical data recordings, facilities management for courtroom and office changes, Jury management record retention and payments, banking and accounting reports, end - of -day training and back up, end -of -month accounting and processing. (All accounting auditing of daily transactions prepared by court staff daily) Blue indicates correct financial processing and separation of union duties from no -union staff. Packet Pg. 147 8.1.c Appendix B c 0 Cu N Cu L 0 NN0 L7� L 0 U .v r_ 3 c O E W m X_ C 0 Q Q a U W r C d E t V r r a Packet Pg. 148 8.1.c City Council Agenda Item Meeting Date: 05/11/2021 Add an Assistant Court Administrator and Court Clerk positions Staff Lead: Uneek Maylor Department: Municipal Court Preparer: Uneek Maylor Background/History Staff Recommendation Edmonds Municipal Court (EMC) currently has a Lead Court Clerk (NE-9) position. EMC requests to change that positon to an Assistant Court Administrator (NR-14) and also a backfill Court Clerk (NE-7). The cost of change would be $79,771 annually. Narrative EMC traditionally had a Lead Court Clerk (NE-9) position fill in for the Court Administrator when necessary. The Lead Court Clerk also supervised staff and operations on a daily basis at the lowest level The Lead Court Clerk trained, monitored, and audited staff work. The Lead Court Clerk position is also a union positon. The court is requesting for a non -represented positon to be auditing staff work, supervising staff, and filling in for the Court Administrator. Many duties that are preformed when filling in for the Court Administrator are HR related and cannot be done by a union represented position. In order to be in compliance with the State Auditor and Administrative Office of the Courts (AOC) recommendations, EMC needs at least two levels to audit and track financial transactions. All courts in the county have at least two exempt levels monitoring and auditing court accounting of staff and Judicial Information System entries. The Lead Court Clerk duties currently include all accounting, collections, auditing, and end of month process. This work is done by exempt personnel in other courts that are in compliance with the State's recommendations. This new structure would put EMC in compliance with the State Auditor and AOC recommendations. The new positions would also create a fair labor practice of a non -represented position supervising, monitoring, and auditing the work of union positions. The duties listed in the Assistant Court Administrator job description are in line with other Assistant Director duties for the City of Edmonds. The requested paygrade is comparable to those in the courts in Snohomish County and that of other Assistant Directors for the City of Edmonds. Attachments: Assistant Judicial Branch Director Job Description Packet Pg. 149 8.1.c City of EDMONDS Washington Assistant Court Administrator Department: Court Pay Grade: NR-14 Bargaining Unit: Non -Represented FLSA Status: Exempt Revised Date: 05/11/2021 Reports To: Court Administrator FTE Equivalent: 1 oV E041 POSITION PURPOSE: Under the direction of the Court Administrator, oversees Edmonds Municipal Courts goals, policies, procedures, and objectives that guide the daily activities. Supervises, manages and evaluates work of assigned personnel. Manages, oversees and audits the Judicial Information System case data during daily operations. Manages and oversees and audits financial reporting, payroll, accounts payable, accounts receivable, Judicial Information System accounting and collections. Acts in the capacity as Court Administrator in the Court Administrator's absence. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The Following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Supervises the daily non judicial operations of the court; advise, assist and evaluates subordinates as necessary; provides training to employees; participates in the selection, hiring; verifies timesheets, maintains vacation, sick leave, overtime and comp time records. • Provides constructive feedback; reviews and evaluates work and makes effective suggestions and recommendations. Provides advice and counsel to staff, develops or assists with developmental work plans for staff; makes recommendations and/or implements corrective actions, discipline and termination procedures as appropriate/necessary or as directed. ■ Manages support staff functions, procedures and manuals for compliance with relevant laws and regulations; Implements the developed procedural and policy changes from the Court Administrator to increase the efficiency of the office; monitors existing procedures in response to law and regulation changes and takes action to correct any deficiencies. • Implements approved court goals, policy statements, operating plans, methods and procedures for improvement; prepares resource requests; management reports and conduct staff meetings • Represents the court in a leadership role on all appropriate committees or meetings with internal and external agencies and departments. • Supervises, monitors and reviews the caseflow, records management, juror utilization and facilities. • Supervises, monitors and reviews the timely collection and disbursement of all fines and court fees in conformance with state statutes. • Identifies the necessary purchase of supplies and equipment for the court and arranges appropriate maintenance services for the repair of facilities and equipment. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date Packet Pg. 150 8.1.c 2 of 4 JOB DESCRIPTION Click or tap here to enter text. ■ Maintains necessary records, including personnel; compiles statistical data and prepares required reports as assigned. • Supervises the processing and docketing of legal documents filed in the court and the issuance of documents including warrants, summons and commitments orders. ■ Supervises the providing of written and verbal technical information to the public; personally answers unique questions that subordinates cannot answer; receives and resolves complaints and problems from the public, other county departments and outside agencies. • Provides back up of all accounts payable, accounts receivable, payroll and all fiscal operations of the court. • Supervises monitors and reviews the security and integrity of all criminal records and file flow management; including the intake, retrieval, retention, and destruction of criminal records in accordance with state archival schedules and state retention guidelines. Provides quality control for all case related data that is entered on behalf of the court. • Maintains necessary records, including personnel; compiles statistical data and prepares required personnel reports as assigned. Develops, implements, interprets and administers personnel guidelines and policies; monitors compliance with office personnel guidelines, policies, labor agreements, county policy and state and federal law, monitors and reviews the maintenance of personnel, leave requests and other human resource matters. • Prepares, maintains, supervises the preparation and maintenance of reports and records of the court's work performance and production; evaluates operations and initiates changes as necessary; develops and recommends operational policies and procedures as necessary. • Monitors expenditures and identifies needs; reviews and approves reports, purchases, and payments according to established policies and practices; and makes recommendations and forecasts for future funds needed for staffing, equipment, materials, and supplies. • Prepares, writes and administers various public communication on behalf of the court. Effective oral and written communication principles and practices to include public relations and public speaking. Required Knowledge of: • Complete knowledge of the Judicial Information System (JIS/DISCIS) • Principles and practices of public and court administration ■ Principles of management and supervision • Washington Court Rules and federal, state, and local laws, rules and regulations • Legal terms as applicable to clerical and courtroom work • Understanding of court -related codes, laws and procedures • Principles and practices of courts of limited jurisdiction, social service delivery, and court proceedings • Principles and practices of personnel administration including federal, state, and county laws, rules and regulations ■ Labor law and its application • Planning and program development • Standard office practices and procedures Required Skill in: • Ability to maintain confidentiality and tact in dealing with the public and coworkers. • Ability to organize and supervise personnel engaged in work requiring accuracy and attention to detail. • Ability to communicate effectively both orally and in writing. Click or tap here to enter text Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. Packet Pg. 151 8.1.c 3 of 4 JOB DESCRIPTION Click or tap here to enter text. ■ Meeting deadlines, working with multiple projects and overseeing, verifying, and validating the work of others, including those in other departments. • Identifying and reporting discrepancies. • Manage multiple projects and components concurrently, efficiently and accurately • Gather and evaluate data and make recommendations • Determine resource requirements ■ Utilized standard office equipment, computer applications and the internet • Work independently with a minimum of supervision • Communicate effective both orally and in writing and graphically • Make presentations and facilitate group communication • Formulate recommendations and solutions to court needs • Exercise independent and appropriate decisions making skills • Manage organizational change • Demonstrate mediation, negotiation and conflict resolution skills • Work with diverse interest groups in a complex organization • Appreciate the role of the judicial branch in relation to the other branches of government • Make decisions within scope of assigned authority MINIMUM QUALIFICATIONS: Education and Experience: Five (5) years related work experience of which two (2) years must have been in a supervisory capacity; OR, any equivalent combination of training and/or experience that provides the required knowledge and abilities. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. ■ Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks Hazards: • Contact with dissatisfied or upset individuals. Incumbent Signature: Click or tap here to enter text Date: Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. Packet Pg. 152 8.1.c 4 of 4 JOB DESCRIPTION Click or tap here to enter text. Department Head: Click or tap here to enter text. Date: Last Reviewed: Click or tap to enter a date Last Revised: Click or tap to enter a date. Packet Pg. 153 8.1.d Appendix C c 0 Cu N Cu L 0 NN0 L7� L 0 U .v r_ 3 c O E W U x c 0 a a a U W r C d E t V r r a Packet Pg. 154 8.1.d City of EDMONDS Washington COURT CLERK Department: Municipal Court Pay Grade: NE-7 Bargaining Unit: SEW FLSA Status: Non Exempt Revised Date: October 2012 Reports To: Court Administrator POSITION PURPOSE: Under general supervision, performs a wide variety of legal and clerical duties in support of the Municipal Court; communicates information to the public regarding the judicial systems; processes and documents court cases from date of filing to final disposition; assists the Judge during legal proceedings and establishes positive working relationship with attorneys, law enforcements agencies and other government entities. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive fist of all duties performed by all employees in this classirication, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Prepares and processes all assigned court work in a timely manner ensuring accuracy and completeness of information and attending to deadlines and/or specified timelines. Assigns cases to docket and enters the case data into case management system. • Ensures court rules and procedures are followed as cases are processed and sets schedules, arraignments, hearings and trials. • Prepares and mails out documents such as notices and final orders. • Tracks cases to ensure compliance with case type and sentencing requirements and follows through with necessary steps including: orders to show cause, bench warrants, pleadings, and rule extensions. • Maintains warrant control, issues, recalls, processes, and purges warrants. Coordinates with law enforcement agencies regarding warrant status and the recovery of original warrants in order to protect defendants within multiple jurisdictions against potential false arrest. Processes closing of cases when appropriate. • Receipts and distributes all incoming monies and balances and reconciles daily cash receipts and files receipt of fees into appropriate case file. • Reviews various reports and issues failure to appear notices and other related notices. • Refers recall cases to collections, writes off amounts past statute and waives balances for parking early payments; processes letters to Judge regarding cases in collections and mails responses. • Performs duties mandated by domestic Violence Legislation under the Revised Code of Washington (RCW) and Washington State Rules of Court which includes set hearings within 24 hours, prepares certified No -Contact Orders; ensures order is accurate and signed by defendant. ■ Delivers and/or provides a certified copy of order to law enforcement, SNO COM and the victim; enters order correctly into JIS computer system; notifies the Domestic Violence Advocate of any potential hearings regarding the order. ■ Provides general information and customer assistance at the counter or via telephone to attorneys, law enforcement, other judicial agencies, reporters, defendants and the general public. Court Clerk October 2012 Packet Pg. 155 8.1.d JOB DESCRIPTION Court Clerk • Addresses concerns and questions for all who come to the front counter and assists defendants in navigating through the legal process. ■ Reviews the defendant's case financial history for reconciliation to sentencing penalty. • Maintains and files documents into case files; copies, faxes, date stamps and files documents. ■ May prepare exhibits and hard copy case files. • Processes and distributes mail. • Files case documents in appropriate file destination and enters into case management system; provides backup to other court personnel as needed or directed. • Researches files for case status data and provides accurate information. ■ Sets assigned calendars and ensures judicial calendars are maintained. • Completes all phases of juror notification including: preparing, mailing and processing replies to juror questionnaires. • Readies juror pool and monitors jurors on the day of the trial; sets up and prepares courtroom for hearings including computer and recording equipment set-up and assembling calendars for all parties to ensure files are available for the Judge. • Researches and processes public records requests. • Cross trains in other court services areas as assigned and may serve in other related capacities in support of court services; coordinates and schedules meetings. • Communicates with various outside agencies by phone or mail including: Lynnwood Jail, Snohomish County Jail, DUI victims' panel and other agencies. • Performs general filing duties including criminal and infraction files and miscellaneous paperwork developed during court proceedings. • Reviews jail rosters and refer cases to the Judge for review and docket decision. • Assists with other miscellaneous duties such as assisting with and executing passports. Orders and monitors office supplies; drafts and mails letters to defendants, audits citations/tickets and drafts explanatory documents for defendants. Required Knowledge of: • Operational characteristics, services, and activities of municipal court systems, including accounting principles and practices related to work assigned. • Mathematical knowledge sufficient to operate cash drawer and make calculations and process transactions. • Filing systems and coding methods including: alphabetical, numeric, indexing methods, etc. • Principles and practices of court proceedings, judicial process and associated forms. ■ Legal forms, documents and terminology including: court dockets, driving abstracts and defendant case history. • Principles and processes for providing customer services including needs assessment techniques, quality service and customer satisfaction techniques. ■ City policies and procedures, office organization, practices, correspondence and record keeping systems. • Effective communication principles and practices including oral and written communication as well as public relations and customer service. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • Methods and techniques of proper phone etiquette. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Court Clerk October 2012 Packet Pg. 156 8.1.d JOB DESCRIPTION Court Clerk Required Skill in: • Reading and comprehending court legal mandates, codes, regulations, procedures and instructions. • Performing data entry accurately and efficiently. • Making decisions in accordance with precedents and regulations and to apply them to work situations. • Recording court proceedings, setting a variety of hearing dates and performing other duties in the courtroom. • Preparing courtroom calendars and the equipment necessary to comply with court rules. • Public relations and customer service and ability to work with difficult clients. • Performing general office/clerical tasks. • Interpreting and implementing rules, regulations, policies and procedures related to court proceedings and judicial process. • Comprehending legal terminology and court/judicial proceedings. • Typing and entering data at a speed necessary for successful job performance. • Compiling and preparing required reports. • Communicating effectively verbally and in writing, including public relations and customer service. • Establishing and maintaining effective working relationships with employees, other agencies, and the public, including meeting and dealing tactfully with the public. Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certification and three years of experience performing broad office clerical, data processing, records maintenance, and/or customer service counter work that includes heavy customer service, reviewing and tracking a variety of legal documents, preparing reports and calendars, and receiving and processing fees; preferably in a court or legal setting. OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Some positions may be required to possess or obtain a US Department of State Passport Certification within 3 months after hire_ Must be able to successfully complete and pass background check. WORKING CONDITIONS: Environment: • Office and courtroom environment. • Constant interruptions. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person and on the telephone • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. ■ Sifting or otherwise remaining in a stationary position for extended periods of time. • Lifting/carrying or otherwise moving or transporting up to 101bs. Hazards: Court Clerk October 2012 Packet Pg. 157 8.1.d JOB DESCRIPTION Court Clerk Contact with dissatisfied or potentially abusive individuals. Possible exposure to communicable diseases and illness from defendants and others in the courtroom, and court office. Incumbent Signature: Department Head: Court Clerk Date: Date: October 2012 Packet Pg. 158 8.1.e Appendix D c 0 Cu N Cu L 0 NN0 L7� L 0 U .v r_ 3 c O E W 0 X_ C 0 Q Q a U W r C d E t V r r a Packet Pg. 159 8.1.e City Council Agenda Item Meeting Date: 05/11/2021 Add Court Clerk position Staff Lead: Uneek Maylor Department: Municipal Court Preparer: Uneek Maylor Background/History Staff Recommendation Edmonds Municipal Court (EMC) requests an additional Court Clerk (NE-7) position to accommodate the Driving While License Suspended (DWLS) Relicensing Program and current court clerking needs. The cost of this change would be $52,692 annually. Narrative EMC will be creating and implementing a new DWLS Relicensing Program. This program will greatly reduce the need for individuals to be criminally charged for failure to pay fines of traffic penalties. This program will help achieve the goals of Resolution No.1460, which passed unanimously by the Edmonds City Council, and includes assisting eligible drivers in getting relicensed. The current workload of EMC does not allow for any additional work based on current staffing levels, which is seven staff total. There are four other municipal courts with the same Judicial Need Estimation (JNE) of 1 FTE Judge. These municipal courts have nearly double EMC's staffing level. The municipal courts with the JNE of 1 FTE Judge for the state are: Lakewood Municipal Court Olympia Municipal Court Puyallup Municipal Court Renton Municipal Court Edmonds municipal Court 1 FTE Judge —10 Total Staff 1 FTE Judge —15 Total Staff 1 FTE Judge —13 Total Staff 1 FTE Judge —15 Total Staff 1 FTE Judge — 7 Tota I Staff With EMC's current level of staff, some basic functions are not preformed when staff are sick or on vacation. These basic functions are handled by the Court Administrator on nights and weekends. For EMC to also create and implement a DWLS Relicensing Program, another Court Clerk position is necessary. Attachments: Court Clerk Job Description 2019 Judicial needs estimator from AOC 2020 Judicial needs estimator from AOC with Covid reduction of cases Packet Pg. 160 8.1.e City of EDMONDS Washington COURT CLERK Department: Municipal Court Pay Grade: NE-7 Bargaining Unit: SEIU FLSA Status: Non Exempt Revised Date: October 2012 Reports To: Court Administrator POSITION PURPOSE: Under general supervision, performs a wide variety of legal and clerical duties in support of the Municipal Court; communicates information to the public regarding the judicial systems; processes and documents court cases from date of filing to final disposition; assists the Judge during legal proceedings and establishes positive working relationship with attorneys, law enforcements agencies and other government entities. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. Prepares and processes all assigned court work in a timely manner ensuring accuracy and completeness of information and attending to deadlines and/or specified timelines. • Assigns cases to docket and enters the case data into case management system. Ensures court rules and procedures are followed as cases are processed and sets schedules, arraignments, hearings and trials. • Prepares and mails out documents such as notices and final orders. ■ Tracks cases to ensure compliance with case type and sentencing requirements and follows through with necessary steps including: orders to show cause, bench warrants, pleadings, and rule extensions. • Maintains warrant control, issues, recalls, processes, and purges warrants. • Coordinates with law enforcement agencies regarding warrant status and the recovery of original warrants in order to protect defendants within multiple jurisdictions against potential false arrest. • Processes closing of cases when appropriate. • Receipts and distributes all incoming monies and balances and reconciles daily cash receipts and files receipt of fees into appropriate case file. • Reviews various reports and issues failure to appear notices and other related notices. • Refers recall cases to collections, writes off amounts past statute and waives balances for parking early payments; processes letters to Judge regarding cases in collections and mails responses. • Performs duties mandated by domestic Violence Legislation under the Revised Code of Washington (RCW) and Washington State Rules of Court which includes set hearings within 24 hours, prepares certified No -Contact Orders; ensures order is accurate and signed by defendant. • Delivers and/or provides a certified copy of order to law enforcement, SNO COM and the victim; enters order correctly into JIS computer system; notifies the Domestic Violence Advocate of any potential hearings regarding the order. • Provides general information and customer assistance at the counter or via telephone to attorneys, law enforcement, other judicial agencies, reporters, defendants and the general public. Court Clerk October 2012 Packet Pg. 161 8.1.e JOB DESCRIPTION Court Clerk • Addresses concerns and questions for all who come to the front counter and assists defendants in navigating through the legal process. • Reviews the defendant's case financial history for reconciliation to sentencing penalty. • Maintains and files documents into case files; copies, faxes, date stamps and files documents. • May prepare exhibits and hard copy case files. • Processes and distributes mail. ■ Files case documents in appropriate file destination and enters into case management system; provides backup to other court personnel as needed or directed. • Researches files for case status data and provides accurate information. • Sets assigned calendars and ensures judicial calendars are maintained. ■ Completes all phases of juror notification including: preparing, mailing and processing replies to juror questionnaires. Readies juror pool and monitors jurors on the day of the trial; sets up and prepares courtroom for hearings including computer and recording equipment set-up and assembling calendars for all parties to ensure files are available for the Judge. • Researches and processes public records requests. • Cross trains in other court services areas as assigned and may serve in other related capacities in support of court services; coordinates and schedules meetings. p Communicates with various outside agencies by phone or mail including: Lynnwood Jail, Snohomish County Jail, DUI victims' panel and other agencies. Performs general filing duties including criminal and infraction files and miscellaneous paperwork developed during court proceedings. • Reviews jail rosters and refer cases to the Judge for review and docket decision. • Assists with other miscellaneous duties such as assisting with and executing passports. • Orders and monitors office supplies; drafts and mails letters to defendants, audits citations/tickets and drafts explanatory documents for defendants. Required Knowledge of: • Operational characteristics, services, and activities of municipal court systems, including accounting principles and practices related to work assigned. • Mathematical knowledge sufficient to operate cash drawer and make calculations and process transactions. ■ Filing systems and coding methods including: alphabetical, numeric, indexing methods, etc. Principles and practices of court proceedings, judicial process and associated forms. • Legal forms, documents and terminology including: court dockets, driving abstracts and defendant case history. • Principles and processes for providing customer services including needs assessment techniques, quality service and customer satisfaction techniques. City policies and procedures, office organization, practices, correspondence and record keeping systems. ■ Effective communication principles and practices including oral and written communication as well as public relations and customer service. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • Methods and techniques of proper phone etiquette. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Court Clerk October 2012 Packet Pg. 162 8.1.e JOB DESCRIPTION Court Clerk Required Skill in: • Reading and comprehending court legal mandates, codes, regulations, procedures and instructions. • Performing data entry accurately and efficiently. Making decisions in accordance with precedents and regulations and to apply them to work situations. Recording court proceedings, setting a variety of hearing dates and performing other duties in the courtroom. • Preparing courtroom calendars and the equipment necessary to comply with court rules. • Public relations and customer service and ability to work with difficult clients. • Performing general office/clerical tasks. Interpreting and implementing rules, regulations, policies and procedures related to court proceedings and judicial process. • Comprehending legal terminology and court/judicial proceedings. ■ Typing and entering data at a speed necessary for successful job performance. Compiling and preparing required reports. Communicating effectively verbally and in writing, including public relations and customer service. • Establishing and maintaining effective working relationships with employees, other agencies, and the public, including meeting and dealing tactfully with the public. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certification and three years of experience performing broad office clerical, data processing, records maintenance, and/or customer service counter work that includes heavy customer service, reviewing and tracking a variety of legal documents, preparing reports and calendars, and receiving and processing fees; preferably in a court or legal setting; OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Some positions may be required to possess or obtain a US Department of State Passport Certification within 3 months after hire. Must be able to successfully complete and pass background check. WORKING CONDITIONS: Environment: • Office and courtroom environment. • Constant interruptions. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person and on the telephone ■ Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Sitting or otherwise remaining in a stationary position for extended periods of time. Lifting/carrying or otherwise moving or transporting up to 101bs. Hazards: Court Clerk October 2012 Packet Pg. 163 8.1.e JOB DESCRIPTION Court Clerk Contact with dissatisfied or potentially abusive individuals. Possible exposure to communicable diseases and illness from defendants and others in the courtroom, and court office. Incumbent Signature: Department Head: Court Clerk Date: Date: October 2012 Packet Pg. 164 8.1.f Appendix E r a Packet Pg. 165 8.1.f City Council Agenda Item Meeting Date: 07/20/2021 Change Court Administrator pay grade to NR-20 Staff Lead: Judge Whitney Rivera Department: Municipal Court Preparer: Judge Whitney Rivera Background/History General Rule (GR) 29 governs judicial branch operations and administration. Pursuant to GR 29, all operation and administrative duties for any business -related matter may be delegated by the judicial officer to a Court Administrator. This includes personnel, budget administration, functions, and operations. GR 29 also provides that all duties set forth in the rule cannot be delegated to the legislative or executive branches of government. GR 29 states that the Board of Judicial Administration shall establish a model job description for the Court Administrator position. The model job description designates the knowledge, skills, and abilities required for this position. The model job description provides guidance to the Presiding Judge when hiring a Court Administrator. Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court Administrator is responsible for all functions of the court. The Court Administrator is appointed by and reports directly to the Presiding Judge. The Court Administrator is held to a comparable standard in duties, roles, knowledge, and expertise as other city department heads. This request is being made to the City Council because of the disparity between the pay grade for the Court Administrator and other city department heads. The Court Administrator's pay grade is lower than those in management in other city departments. The Court Administrator is currently placed at a supervisor level in terms of vacation benefits. Because the Court Administrator must have wide-ranging knowledge and all -encompassing skills to carry out her extensive duties and responsibilities, this change is necessary to achieve equity and parity. Staff Recommendation The Court Administrator is currently at the pay grade of NR-14. EMC requests that the Court Administrator position be changed to grade of NR-20. The cost of change would be $22,164 annually. EMC also asks to change the job description for the Court Administrator to the model job description, which was formally updated by the District and Municipal Court Management Association and adopted Packet Pg. 166 8.1.f by the District and Municipal Court Judicial Association in 2021. EMC also proposes that the vacation rate change to the level of a department head. Narrative The State of Washington, through the District and Municipal Court Management Association, has drafted and proposed a new model Court Administrator job description for use by all courts. The newly drafted model job description was created in conjunction with Administrative Rules for Courts of Limited Jurisdiction (ARU)14. ARU 14 is a new proposed court rule that requires continuing education hours for Court Administrators because they are responsible for all systems and compliance with local and state laws that apply to the courts, which are constantly changing. The model job description and proposed rule is attached to this packet. Attachments: State of Washington DMCMA Court Administrator Job Description — drafted 2021 (pending adoption) Model state court rule ARU 14 — drafted 2021 (pending adoption) GR 29 Packet Pg. 167 8.1.f MODEL COURT ADMINISTRATOR JOB DESCRIPTION Nature of Work The Court Administrator serves as the Court Executive Officer (CEO) for the Court. The Court Administrator works under the direction and supervision of the Presiding Judge in accordance with General Rule 29 and all applicable state laws. This position assumes full responsibility for the planning, directing, implementation, and management of all the non -judicial, day-to-day operations of the court, including court services for contracting cities. The Court Administrator develops and implements policies and procedures, the court budget, oversees personnel management and development, accounting, case -flow management, oversight of projects, grants, contracts, establish and maintaining the court's continuity of operations plan, and other responsibilities as required. This position will provide leadership, strategic vision including but not limited to developing short and long-term goals for effective court services. Essential Functions • Assumes full management responsibility for Court operations: Plans, directs, implements, and manages all non - judicial functions for the daily operation of the District/Municipal Court. • Plans, directs and coordinates the work plan for all court divisions. • Informs, updates and advises the presiding judge of financial conditions, program progress and identifies opportunities for improvement and implements as appropriate. • Collaborates with the presiding judge to develop strategic plans and projects and directs and oversees the implementation of plans to ensure adherence to Washington State's judicial standards, regulations, and statutes. + Consult with the presiding judge on short and long-range planning and staff projections to update, maintain, and implement court policies, procedures, and rules appropriately. • Conducts the planning and management for the changing physical needs of the court including space design, utilization, and maintenance. + Oversee the maintenance, retention, and disclosure of records and documents in accordance with applicable rules, laws, and regulations. + Work with the Washington State Administrative Office of the Courts (ACC) on determining best practices. Provide recommendations to the presidingjudge regarding implementing best practices. • Attends and participates at county/city council and other board or committee meetings as directed. • Establishes and maintains cooperative, effective working relationships with the other branches of government, co-workers, other county/city employees, and members of the public. • Establishes and maintains effective working relationships with judges, attorneys, elected and appointed officials, law enforcement, probation agencies, correctional institutes, and various governmental agencies. ■ Establishes and implements guidelines and procedures. Formulates and recommends organizational changes for improving the operation of the court. ■ Monitors local court rules, municipal ordinances, county ordinances, and state laws including any changes that affect court operations or case management. • Identifies new information technology for the improvement of case management; manage procurement and ensures effective implementation. • Works closely with IT Division to determine technology needs, convey requirements and coordinate implementation. • Manage the installation and support of audio/video, computer and specialized court -related hardware and software. + Manage the support of various web conferencing tools such as Zoom, YouTube and Go to Meeting, etc. • Coordinates judicial schedules including pro tern judges and court calendars. ■ Oversees the jury management program by generating, processing and analyzing jury data reports including juror summons and qualification forms. + Manages the court case flow and records, including the preparation of required reports. Packet Pg. 168 8.1.f • During legislative sessions, keeps abreast of the effect of proposed legislation and the impacts that may affect the Courts of Limited Jurisdiction. + Overseas security measures and issues affecting court operations. ■ Trains and informs staff on any new court procedures on the case management system or new legislative updates. • Coordinates with correctional agencies to facilitate appearances in virtual or telephonic court proceedings. • Coordinates physical transport of inmates with correctional agencies . ■ Research, evaluate, and propose jail alternatives to confinement. • Acts as the court liaison between the sheriff's office/police department(s), prosecutor and public defender regarding jail issues. • Directs website content and updates. • Participates in continuing education and development in the court business areas identified by the National Association for Court Management (NACM) as core competencies. ■ Participates in continuing education and development related to leadership and management. • Manages interlocal agreements to provide court services with contracting jurisdictions. g r • Coordinates with the contracting city manager, sheriff/police department, and Finance Department. N • Prepares monthly caseload reporting and billing for court services for contracting cities. • Oversees grant management activities. ■ Coordinate cost allocation development in accordance with federal and state rules. ■ Oversees the development and administration of the court budget; approves the forecast of funds needed for staffing, equipment, materials and supplies; approves expenditures and implements budgetary adjustments as 3 0 appropriate. U • Responsible for all financial functions of the court including payroll, accounts payable, accounts receivable, cash 0. handling, purchasing, and audits. • Supervise data collection for the preparation of financial reports. • Assist with internal and external county/city audits forthe court. 2 • Implements, coordinates and oversees specialty court(s) ensuring compliance with federal, state, or local regulations. 0 ■ Stays current with benchmarks, best practices, and empirical evidence to assist the specialty court team and maximize participant's success. w • Monitors Memorandums of Understanding and professional contracts for specialty court(s). w • Manages and supervises court personnel including but not limited to interviewing, hiring, and training 25 employees; planning, assigning, and directing work; addressing complaints and disputes; resolving problems; maintaining personnel files as needed; appraising performance; recommending promotions and disciplinary actions; a implementing organizational changes; approving and scheduling leave time; and recommending terminations as Q appropriate. 2 + Serves as the official spokesperson of court management at the bargaining table; must be able to handle stress w and intense discussion of ideas. c • Consults with the Presiding Judge in the administration of recently -agreed upon memoranda of understanding E (MOUs). U ■ Reviews and develops responses to grievances appealed to the court executive officer, presidingjudge, or r Q executive committee. ■ Carry out supervisory responsibilities in accordance with the county/city policies and applicable federal, state, and local laws. ■ Represents the court as an independent branch of government with local and state legislative and executive branches. • Ensures appropriate and timely research, analysis, and responses to citizen inquiries or complaints whether received directly or at county/city council meetings. ■ Prepares council agenda bills and related papers. ■ Presents issues and recommendations on major issues requiring policy direction. • Oversees the Emergency Management for the court including attending city/county emergency management briefings to exchange information. Packet Pg. 169 8.1.f + Stocks and maintains disaster preparedness -related supplies and equipment. ■ Adjusts work assignments and schedules in the event of an emergency to participate in emergency preparedness, response, and recovery activities as assigned. • Coordinates development of court and site -specific emergency plans, policies and procedures, including building evacuation plans, Continuity Of Operations Plans and emergency response plans. + Coordinates programs with all court divisions and other agencies concerned with emergency management including but not limited to other courts of limited jurisdiction, AOC and courts outside of the state of Washington. Assures conformity of court emergency management programs with federal and state requirements. • Coordinates the court's disaster cost recovery efforts during proclaimed emergencies. + Redesigns and improves forms and public notices; and coordinates publication and dissemination of such materials; responds to verbal and written public inquiries ■ Reports for scheduled work with regular, reliable, and punctual attendance. • Performs other duties as assigned, including but not limited to being assigned to work in other functional areas to cover absences or relief, equalize peak work periods, or balance the workload. Necessary Knowledge, Skills, and Abilities • General Rule 29 (GR29). ■ Nationally developed trial court performance standards. ■ Knowledge of Washington State criminal code. • Knowledge of legal procedure in courts of limited jurisdiction. ■ Thorough knowledge of criminal, traffic, and infraction procedures with the AS system. ■ Thorough knowledge of principles of administration, planning, supervision and organization, and effective supervisory and office management techniques. • Ability to set office and clerical priorities, prioritizing work projects. ■ Ability to guide, direct, schedule, and motivate subordinate employees. • Ability to identify needs, develop long-range plans and evaluate outcomes. + Accurately and efficiently conduct and direct numerous bookkeeping, record keeping, and scheduling procedures simultaneously. • Ability to deal with the public with poise and tact in sometimes stressful situations. • Ability to anticipate challenges and creatively formulate action plans to meet needs. + Ability to develop and implement new and improved methods as approved by supervisors. ■ Ability to establish and maintain effective working relations with employees and members of the public. ■ Strong organizational skills, with effective management and team -building skills. • Ability to work independently under pressure, being flexible, enthusiastic, and self-starting in work assigned. ■ Ability to read, interpret and follow rules, regulations, policies, and procedures. ■ Ability to communicate effectively both orally and in writing using high-level grammar, spelling, and composition. • Ability to recognize and correct safety and health hazards. + Ability to operate various office equipment, including telephone, computer, calculator, postage meter, facsimile, and copy machine. ■ Ability to type accurately at 50 words per minute. ■ Ability to perform the full range of court clerk duties. Education and Experience Requirements • Bachelor's degree or five (5) years of progressively responsible management experience in a court or legal environment including experience in budget administration and personnel supervision. ■ Certified Court Manager (CCM) Certification will be considered the equivalent of two years' experience in management in the justice system. Combination of a Certified Court Executive (CCE) Certification and (CCM) will be equivalent of four years' experience in management in the justice system. Packet Pg. 170 8.1.f ■ Three (3) or more years of significant executive level supervisory responsibilities, and experience working with elected officials and department directors highly desired. Special Requirements • Possession of and the ability to maintain throughout employment a valid Washington State Driver's License with a good driving record. ■ Successful completion of a pre -employment background and criminal history check. • May be required to complete FEMA (NIMS) courses as Emergency Management ■ Must have or obtain a National Center for State Courts (NCSC) Certified Court Manager certification within six years of hire. Working Conditions and Physical Abilities ■ Work is performed primarily in office and courtroom settings. Frequent exposure to individuals who may be distraught, violent, or abusive. Hand -eye coordination and fine manipulation skills are necessary to operate computers and a variety of office machinery. The position also requires the ability to speak and hear to exchange information, the ability to sit for extended periods, and the ability to bend and stretch to retrieve and maintain files and records. ■ The county/city is committed to hiring a diverse workforce and all qualified applicants, including all ethnic backgrounds and persons with disabilities, are encouraged to apply. The county/city is an Equal Opportunity Employer and does not unlawfully discriminate based on race, sex, age, color, religion, national origin, marital status, sexual orientation, veteran status, disability status, or any other basis prohibited by federal, state, or local law. • In accordance with the Americans with Disabilities Act, an employer is obligated to make a reasonable accommodation only to the known limitations of an otherwise qualified individual with a disability. In general, it is the responsibility of the applicant or employee with a disability to inform the employer that an accommodation is needed to participate in the application process, to perform essential job functions, or to receive equal benefits and privileges of employment. General Information ■ The statements contained herein reflect general details as necessary to describe the principal functions forthis job classification, the level of knowledge and skill typically required, and the scope of responsibility but should not be considered an all-inclusive listing of work requirements. ■ The physical abilities described above are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • The provisions of this job description do not constitute an expressed or implied contract. Any provision contained herein may be modified and/or revoked without notice. Updated 4/15/21. Packet Pg. 171 8.1.g Appendix F Q Packet Pg. 172 8.1.g GR 29 PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION COURT DISTRICT (a) Election, Term, Vacancies, Removal and Selection Criteria --Multiple Judge Courts. (1) Election. Each superior court district and each limited jurisdiction court district (including municipalities operating municipal courts) having more than one judge shall establish a procedure, by local court rule, for election, by the judges of the district, of a Presiding Judge, who shall supervise the judicial business of the district. In the same manner, the judges shall elect an Assistant Presiding Judge of the district who shall serve as Acting Presiding Judge during the absence or upon the request of the Presiding Judge and who shall perform such further duties as the Presiding Judge, the Executive Committee, if any, or the majority of the judges shall direct. If the judges of a district fail or refuse to elect a Presiding Judge, the Supreme Court shall appoint the Presiding Judge and Assistant Presiding Judge. (2) Term. The Presiding Judge shall be elected for a term of not less than two years, subject to reelection. The term of the Presiding Judge shall commence on January 1 of the year in which the Presiding Judge's term begins. (3) Vacancies. Interim vacancies of the office of Presiding Judge or Acting Presiding Judge shall be filled as provided in the local court rule in (a)(1). (4) Removal. The Presiding Judge may be removed by a majority vote of the judges of the district unless otherwise provided by local court rule. (5) Selection Criteria. Selection of a Presiding Judge should be based on the judge's 1) management and administrative ability, 2) interest in serving in the position, 3) experience and familiarity with a variety of trial court assignments, and 4) ability to motivate and educate other judicial officers and court personnel. A Presiding Judge must have at least four years of experience as a judge, unless this requirement is waived by a majority vote of the judges of the court. Commentary It is the view of the committee that the selection and duties of a presiding judge should be enumerated in a court rule rather than in a statute. It is also our view that one rule should apply to all levels of court and include single judge courts. Therefore, the rule should be a GR (General Rule). The proposed rule addresses the process of selection/removal of a presiding judge and an executive committee. It was the intent of the committee to provide some flexibility to local courts wherein they could establish, by local rule, a removal process. Additionally, by delineating the selection criteria for the presiding judge, the committee intends that a rotational system of selecting a presiding judge is not advisable. (b) Selection and Term --Single Judge Courts. In court districts or municipalities having only one judge, that judge shall serve as the Presiding Judge for the judge's term of office. (c) Notification of Chief Justice. The Presiding Judge so elected shall send notice of the election of the Presiding Judge and Assistant Presiding Judge to the Chief Justice of the Supreme Court within 30 days of election. Packet Pg. 173 8.1.g (d) Caseload Adjustment. To the extent possible, the judicial caseload should be adjusted to provide the Presiding Judge with sufficient time and resources to devote to the management and administrative duties of the office. Commentary Whether caseload adjustments need to be made depends on the size and workload of the court. A recognition of the additional duties of the Presiding Judge by some workload adjustment should be made by larger courts. For example, the Presiding Judge could be assigned a smaller share of civil cases or a block of time every week could be set aside with no cases scheduled so the Presiding Judge could attend to administrative matters. (e) General Responsibilities. The Presiding Judge is responsible for leading the management and administration of the court's business, recommending policies and procedures that improve the court's effectiveness, and allocating resources in a way that maximizes the court's ability to resolve disputes fairly and expeditiously. (f) Duties and Authority. The judicial and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive branches of government. A Presiding Judge may delegate the performance of ministerial duties to court employees; however, it is still the Presiding Judge's responsibility to ensure they are performed in accordance with this rule. In addition to exercising general administrative supervision over the court, except those duties assigned to clerks of the superior court pursuant to law, the Presiding Judge shall: (1) Supervise the business of the judicial district and judicial officers in such manner as to ensure the expeditious and efficient processing of all cases and equitable distribution of the workload among judicial officers; (2) Assign judicial officers to hear cases pursuant to statute or rule. The court may establish general policies governing the assignment of judges; (3) Coordinate judicial officers' vacations, attendance at education programs, and similar matters; (4) Develop and coordinate statistical and management information; (5) Supervise the daily operation of the court including: (a) All personnel assigned to perform court functions; and (b) All personnel employed under the judicial branch of government, including but not limited to working conditions, hiring, discipline, and termination decisions except wages, or benefits directly related to wages; and (c) The court administrator, or equivalent employee, who shall report directly to the Presiding Judge. Commentary The trial courts must maintain control of the working conditions for their employees. For some courts this includes control over some wage -related benefits such as vacation time. While Packet Pg. 174 8.1.g the executive branch maintains control of wage issues, the courts must assert their control in all other areas of employee relations. With respect to the function of the court clerk, generally the courts of limited jurisdiction have direct responsibility for the administration of their clerk's office as well as the supervision of the court clerks who work in the courtroom. In the superior courts, the clerk's office may be under the direction of a separate elected official or someone appointed by the local judges or local legislative or executive authority. In those cases where the superior court is not responsible for the management of the clerk's office, the presiding judge should communicate to the county clerk any concerns regarding the performance of statutory court duties by county clerk personnel. A model job description, including qualification and experience criteria, for the court administrator position shall be established by the Board for Judicial Administration. A model job description that generally describes the knowledge, skills, and abilities of a court administrator would provide guidance to Presiding Judges in modifying current job duties/responsibilities or for courts initially hiring a court administrator or replacing a court administrator. N (6) Supervise the court's accounts and auditing the procurement and disbursement of appropriations and preparation of the judicial district's annual budget request; o (7) Appoint standing and special committees of judicial officers necessary for the proper m performance of the duties of the judicial district; v (8) Promulgate local rules as a majority of the judges may approve or as the Supreme Court a shall direct; r- (9) Supervise the preparation and filing of reports required by statute and court rule; (10) Act as the official spokesperson for the court in all matters with the executive or legislative branches of state and local government and the community unless the Presiding Judge shall designate another judge to serve in this capacity; Commentary This provision recognizes the Presiding Judge as the official spokesperson for the court. It is not the intent of this provision to preclude other judges from speaking to community groups or executive or legislative branches of state or local government. (I I) Preside at meetings of the judicial officers of the district; (12) Determine the qualifications of and establish a training program for pro tem judges and pro tern court commissioners; and (13) Perform other duties as may be assigned by statute or court rule. Commentary The proposed rule also addresses the duties and general responsibilities of the presiding judge. The language in subsection (d), (e), (f) and (g) was intended to be broad in order that the presiding judge may carry out his/her responsibilities. There has been some comment that individual courts should have the ability to change the "duties and general responsibilities" Packet Pg. 175 8.1.g subsections by local rule. While our committee has not had an opportunity to discuss this fully, this approach has a number of difficulties: ■ It would create many "Presiding Judge Rules" all of which are different. • It could subject some municipal and district court judges to pressure from their executive and/or legislative authority to relinquish authority over areas such as budget and personnel. • It would impede the ability of the BJA through AOC to offer consistent training to incoming presiding judges. The Unified Family Court subgroup of the Domestic Relations Committee suggested the presiding judge is given specific authority to appoint judges to the family court for long periods of time. Again the committee has not addressed the proposal; however, subsections (e) and (f) do give the presiding judge broad powers to manage the judicial resources of the court, including the assignment of judges to various departments. ° N (g) Executive Committee. The judges of a court may elect an executive committee a' consisting of other judicial officers in the court to advise the Presiding Judge. By local rule, the 0 judges may provide that any or all of the responsibilities of the Presiding Judge be shared with the Executive Committee and may establish additional functions and responsibilities of the L Executive Committee. o Commentary Subsection (g) provides an option for an executive committee if the presiding judge and/or other members of the bench want an executive committee. (h) Oversight of judicial officers. It shall be the duty of the Presiding Judge to supervise judicial officers to the extent necessary to ensure the timely and efficient processing of cases. The Presiding Judge shall have the authority to address a judicial officer's failure to perform judicial duties and to propose remedial action. If remedial action is not successful, the Presiding Judge shall notify the Commission on Judicial Conduct of a judge's substantial failure to perform judicial duties, which includes habitual neglect of duty or persistent refusal to carry out assignments or directives made by the Presiding Judge, as authorized by this rule. (i) Multiple Court Districts. In counties that have multiple court districts, the judges may, by majority vote of each court, elect to conduct the judicial business collectively under the provisions of this rule. (j) Multiple Court Level Agreement. The judges of the superior, district, and municipal courts or any combination thereof in a superior courtjudicial district may, by majority vote of each court, elect to conduct the judicial business collectively under the provisions of this rule. (k) Employment Contracts. A part-time judicial officer may contract with a municipal or county authority for salary and benefits. The employment contract shall not contain provisions which conflict with this rule, the Code of Judicial Conduct or statutory judicial authority, or which would create an impropriety or the appearance of impropriety concerning the judge's activities. The employment contract should acknowledge the court is a part of an independent branch of government and that the judicial officer or court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct and Washington State Court Packet Pg. 176 8.1.g rules. A part-time judicial officer's employment contract shall comply with GR 29(k) and contain the following provisions, which shall not be contradicted or abrogated by other provisions within the contract. (1) Required Provisions of a Part -Time Judicial Officer Employment Contract. (1) Term of Office and Salary. The judge's term of office shall be four years, as provided in RCW 3.50.050. The judge's salary shall be fixed by ordinance in accordance with RCW 3.50.080, and the salary shall not be diminished during the term of office. (2) Judicial Duties. The judge shall perform all duties legally prescribed for a judicial officer according to state law, the requirements of the Code of Judicial Conduct, and Washington State court rules. (3) Judicial Independence and Administration of the Court. The court is an independent branch of government. The judge shall supervise the daily operations of the court and all personnel assigned to perform court functions in accordance with the provisions of GR 29(e) and (f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on the basis of a judge's or a court's performance relative to generating revenue from the imposition of legal financial obligations. (4) Termination and Discipline. The judge may only be admonished, reprimanded, censured, suspended, removed, or retired during the judge's term of office only upon action of the Washington State Supreme Court, as provided in article IV, section 31 of the Washington State Constitution. [Adopted effective April 30, 2002; Amended effective May 5, 2009; February 1, 2021.1 Packet Pg. 177 8.1.h Appendix G c 0 N R 01 L 0 NN� L7� L 0 U Q .2 3 C 0 E W 0 X_ C d Q Q Q U W r C d E t v R Q Packet Pg. 178 8.1.h COLA 2021 Non Rep Annual Salary Salary Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1 49,471 51,944 54,540 57,268 60,131 63,136 66,295 2 51,944 54,540 57,268 60,131 63,136 66,295 69,610 3 54,540 57,268 60,131 63,136 66,295 69,610 73,089 4 57,268 60,131 63,136 66,295 69,610 73,089 76,744 5 60,131 63,136 66,295 69,610 73,089 76,744 80,581 6 63,136 66,295 69,610 73,089 76,744 80,581 84,611 7 66,295 69,610 73,089 76,744 80,581 84,611 88,840 8 69,610 73,089 76,744 80,581 84,611 88,840 93,283 9 73,089 76,744 80,581 84,611 88,840 93,283 97,947 10 76,744 80,581 84,611 88,840 93,283 97,947 102,844 11 80,581 84,611 88,840 93,283 97,947 102,844 107,987 12 84,611 88,840 93,283 97,947 102,844 107,987 113,387 13 88,840 93,283 97,947 102,844 107,987 113,387 119,056 14 93,283 97,947 102,844 107,987 113,387 119,056 125,008 15 97,947 102,844 107,987 113,387 119,056 125,008 131,259 16 102,844 107,987 113,387 119,056 125,008 131,259 137,821 17 107,987 113,387 119,056 125,008 131,259 137,821 144,713 18 113,387 119,056 125,008 131,259 137,821 144,713 151,948 19 119,056 125,008 131,259 137,821 144,713 151,948 159,545 20 125,008 131,259 137,821 144,713 151,948 159,545 167,524 21 131,259 13 7, 821 144,713 151,948 15 9, 545 167,524 17 5, 89 9 22 137,821 144,713 151,948 159,545 167,524 175,899 18 4, 694 Hourly Pay Rate for Range 23 23 21.11 22.17 23.28 24.44 25.66 26.95 28.30 City of Edmonds NonRep 2020 Wage Scale Packet Pg. 179 8.1.i Appendix H c 0 Cu N Cu L 0 NNO L7� L 0 U .v r_ 3 c O E W 2 X_ C 0 Q Q a U W r C d E t V r r a Packet Pg. 180 8.1.i City Council Agenda Item Meeting Date: 05/11/2021 Judicial FTE recommendation Staff Lead: Uneek Maylor Department: Municipal Court Preparer: Uneek Maylor Background/History Staff Recommendation The courts current Elected Judge is a 0.75 FTE. The Judge should be changed to a 1 FTE. The cost of this change would be $45,153.50 annually.' Narrative The Administrative Office of the Courts (AOC) uses a judicial needs estimation (JNE) based on an algorithm using case filings and hearings held. The AOC algorithm takes into account that not all case type filings require the same amount of time. For instance, an infraction for speeding may require one hearing, while a criminal charge for driving under the influence (DUI) may require ten separate hearings. Additionally, the type of hearing (e.g., arraignment, pretrial, substantive motion, confirmation, contested infraction, jury trial, sentence compliance, etc.) impacts the length of time that the Judge spends on the bench hearing the arguments of the parties and issuing a decision on a case. ACC determines the needs for each court based on the statistics from the court's case management system called Judicial Information System (JIS). The JNE for Edmonds Municipal Court (EMC) prior to the COVID-19 pandemic, which resulted in a reduction in cases, was 1.02 FTE Judge. The current JNE during the COVID-19 pandemic is 0.96 FTE. Even with reduced case filings, the algorithm demonstrates that the Judge should be at least a 1 FTE. Each Court Administrator must insure the accuracy and integrity of the JIS data. While auditing past data sent to AOC, the current Court Administrator discovered that search warrants issued in EMC were not being reported to AOC. EMC retains search warrant records at the court as the State Archives Record Retention Schedule requires. However, EMC did not enter these search warrants into the system that reports to AOC. The EMC Judge is always on call and reviews search warrants at all hours of the day. Search warrant 1 The EMC Judge's current salary is $135,460.50. This salary is based on the current district court judges' annual salary of $190,120, which is reduced 25% due to the current 0.75 FTE status and then another 5% as fixed by the Washington Citizens' Commission on Salaries for Elected Officials (i.e., $190,120 x 0.75=142,590 x 0.95 = $135,460.50). If approved to change the EMC Judge to 1 FTE, this would result in an annual salary of $180,614 through July 1, 2022 (i.e., $190,120 x 0.95 = $180.614). On July 1, 2022, the district court judges' annual salary increases to $193,447, which would increase the EMC Judge's salary to $183,774.65. Packet Pg. 181 8.1.i requests are often made at night or during weekends. This work is crucial not only for EMC, but for other courts as well, including Snohomish County Superior Court. All Judicial Officers can sign search warrants and are typically called by local law enforcement based on availability and geographic area. Because the search warrants were not entered into JIS, this work was not calculated into the JNE algorithm. The numbers of search warrants reviewed and issued are as follows: ■ 2018-109 search warrants; ■ 2019-97 search warrants; ■ 2020 —101 search warrants; and ■ 2021 to current— 36 search warrants (if numbers remain consistent throughout the remainder of the year, there will be approximately 108 search warrants). In addition to search warrants, weekend jail booking reviews also were not entered into JIS and therefore also were not calculated into the JNE algorithm. Pursuant to local rule, the EMC Judge must review jail bookings every 24 hours to determine whether there is probable cause and whether bail or release is appropriate. This review includes weekend bookings. Other courts stat these hearings on Monday so that the JNE is reported accurately. The current Court Administrator only recently learned this was not being done in EMC. In addition to the current workload, there have been a number of significant changes recently that will impact EMC's workload moving forward: EMC is in the process of developing a relicensing program. This will result in additional courtroom time and resources to help individuals take the steps necessary to regain their privilege to drive. Senate Bill 5476 has passed the legislature and is currently awaiting Governor Inslee's signature. This legislation was a response to State v. Blake, 197 Wn.2d 170 (2021), where the Washington Supreme Court held that RCW 69.50.4013, which made drug possession a class C felony offense, violates due process. Under SB 5476, possession of a controlled substance is no longer a class C felony, but a misdemeanor offense. This means that drug possession charges that would have previously been referred to Snohomish County Superior Court prior to the Blake decision will now be filed in EMC. 56 5476 will take effect immediately once it is signed. Under State v. Gelinas, 15 Wn. App. 2d 484 (2020), the Division One Court of Appeals held that issuing bench warrants at pretrial hearings violated applicable court rules. This ruling required Edmonds Municipal Court (EMC) to revisit approximately 678 bench warrants that issued prior to the decision. For those bench warrants that issued in violation of Gelinas, EMC is requiring address certifications and re -summonsing defendants for additional hearings. 4. The Washington Supreme Court issued a Fifth and Extended Order Regarding Court Operations on February 19, 2021. Paragraph 14 addresses the issuance of bench warrants during the COVID-19 pandemic. The Order requires that before a bench warrant may issue, courts shall consider: (1) whether the warrant is necessary for the immediate preservation of public or Packet Pg. 182 8.1.i individual safety; (2) whether there is a record that the subject of the warrant has received actual notice of the previously scheduled court hearing or reporting requirement; and (3) whetherthere is a viable alternative for securing appearance such as the reissuance of a summons or another means of notifying the subject that an appearance is required. As a result of this directive, hundreds of bench warrants that did not to meet this criteria are currently being held for administrative review. When those bench warrants issue and defendants begin being arrested in booked into custody, it will significantly impact EMC's workload. Based on the current JNE of 1.02 FTE Judge, despite the fact that search warrants and weekend jail booking reviews were not included in the calculation, as well as the anticipation of future workload increases, EMC requests to change the Judge to a 1 FTE, Attachments: 2021 Judicial Salary Schedule set by the State 2019 Judicial needs estimator from AOC 2020 Judicial needs estimator from AOC with Covid reduction of cases Packet Pg. 183 8.1.i Municipal Court Judges Judicial Needs Estimates by Full -Time Equivalents 2019 Projected Filingsl Commissioners and Magistrates Total Judicial Officers Total Estimated Judge Need Aberdeen Municipal 0.75 0.75 1.13 Airway Heights Municipal 0.80 0.80 0.73 Anacorte.s Municipal 0.33 0.33 0.75 Bainbridge Island Municipal 0.50 0.50 0.46 Battle Ground Municipal 0.26 0.26 0.95 Bellingham Municipal 1.00 1.00 2.00 1.83 Black Diamond Municipal 0.15 0.15 0.53 Blaine Municipal 0.31 0.31 0.52 IF Bonney Lake Municipal 0.75 0.75 1.10 0 Bothell Municipal 0.85 0.85 1.04 N Bremerton Municipal 1.00 0.20 1.20 1.10 Buckley Municipal 0.42 0.42 0.56 Burlington Municipal 0.33 0.33 0.60 Centralia Municipal 0.20 0.20 0.81 i Chehalis Municipal 0.35 0.35 0.52 0 Cheney Municipal 0.10 0.10 0.20 0.54 V Cie Elum Municipal 0.16 0.16 0.36 Q. Colfax Municipal 0.30 0.30 0.42 .0 Cosmopolis Municipal 0.05 0.05 0.38 3 Des Moines Municipal 0.80 0.80 0.78 y East Wenatchee Municipal 0.50 0.50 0.66 c Edmonds Municipal 0.75 0.75 1.02 0 E Elma Municipal 0.25 0.25 0.43 LU W Enumclaw Municipal 0.17 0.17 0.57 = Everett Municipal 2.00 2.00 2-55 x_ Everson-Nooksack Municipal 0.11 0.11 0.45 c Federal Way Municipal 2.00 2.00 2.20 Q- Ferndale Municipal 0.33 0.33 0.59 Q Fife Municipal 0.85 0.85 1.00 U Fircrest Municipal 0.25 0.25 0.85 uJ Gig Harbor Municipal 0.28 0.28 0.78 Granger Municipal 0.04 0.04 0.39 m Hoquiam Municipal 0.65 0.65 0.73 0 Issaquah Municipal 0.75 0.75 0.83 Q Kent Municipal 2.00 2.00 3.22 Kirkland Municipal 1.00 0.25 1.25 1.19 Lakewood Municipal 1.00 1.00 1.86 Lake Forest Park Municipal 0.60 0.60 0.51 Lynden Municipal 0.35 0.35 0.50 Lynnwood Municipal 0.80 0.80 2.05 Marysville Municipal 2.00 2.00 3.15 Mercer Island Municipal 0.70 0.70 0.58 Monroe Municipal 0.20 0.20 0.74 Montesano Municipal 0.25 0.25 0.39 Packet Pg. 184 8.1.i Judicial Needs Estimates by Full -Time Equivalents 2019 Projected Filings' Municipal Court Commissioners and Total Estimated Judges Magistrates Total Judicial Officers Judge Need Mount Vernon Municipal 0.33 0.33 0.84 Napavine Municipal 0.06 0.06 0.36 Ocean Shores Municipal 0.25 0.25 0.48 Olympia Municipal 1.00 1.00 1.04 Orting Municipal 0.50 0.50 0.56 Pacific & Algona Municipal 0.20 0.20 0.91 Pasco Municipal 0.75 0.75 1.98 Port Orchard Municipal 0.08 0.08 0.66 Poulsbo Municipal 0.52 0.52 0.59 Puyallup & Milton Municipals 1.20 1.20 2.21 Raymond Municipal 0.50 0.50 0.44 Renton Municipal 1.00 1.00 1.86 Roy Municipal 0.10 0.10 0.40 Ruston Municipal A 0.20 0.20 0.75 SeaTac Municipal 0.55 0.55 0.72 Seattle Municipal 7.00 5.00 12.00 9.84 Sedro Woolley Municipal 0.23 0.23 0.51 Selah Municipal 0.25 0.25 0.51 Shelton Municipal 0.50 0.50 0.77 South Bend Municipal 0.04 0.04 0.39 Spokane Municipal 3.00 3.00 6.00 4.12 Sumas Municipal 0.05 0.05 0.42 Sumner Municipal 0.44 0.44 0.64 Sunnyside Municipal 0.40 0.40 0.92 Tacoma Municipal 3.00 1.60 4.60 2.87 Tenino Municipal 0.10 0.10 0.38 Tukwila Municipal 0.85 0.85 0.89 Wapato Municipal 0.29 0.29 0.42 Westport Municipal 0.03 0.03 0.46 Yakima Municipal 2.00 0.50 2.50 2.23 Yelm Municipal 0.45 0.45 0.69 Zillah Municipal 0.05 0.05 0.39 'Totals 53.15 11.65 64.80 82.60 A Past Year's Data Used 'Staffing levels measured are those in effect on 12/31/2018. Year 2019 projected filings are based on the previous five-year filing trends of the various case types in a given court. Any vehicle -related violations (parking, photo -radar and toll citations) that were not entered into the statewide Judicial Information System (JIS) are excluded from filing counts. 2 Need estimates represent the estimated number of judge positions needed, as required by RCW 2.56.030(11). They are based on the previous five years of data for the number of total judicial officers and case resolutions. ' Puyallup Municipal Court Judge reported as 1.00 FTE and Milton Municipal Court Judge reported as .20 FTE Packet Pg. 185 8.1.i Municipal Court Judges Aberdeen Municipal 0.75 Airway Heights Municipal ° 0.80 Anacortes Municipal 0.33 Bainbridge Island Municipal 0.50 Battle Ground Municipal 0.25 Bellingham Municipal 1.00 Black Diamond Municipal 0.25 Blaine Municipal 0.31 Bonney Lake Municipal 0.75 Bothell Municipal 0.85 Bremerton Municipal 1.00 Buckley Municipal 0.42 Burlington Municipal 0.33 Centralia Municipal 0.30 Chehalis Municipal 0.35 Cheney Municipal 0.10 Cie Elum Municipal 0.36 Coifax Municipal 0.30 Cosmopolis Municipal 0.05 Des Moines Municipal 0.80 East Wenatchee Municipal 0.55 Edmonds Municipal 0.75 Elma Municipal 0.25 Enumclaw Municipal 0.17 Everett Municipal 2.00 Ever son-Nooksac k Municipal 0.11 Federal Way Municipal 2.00 Ferndale Municipal 0.33 Fife Municipal 0.85 Fircrest Municipal 0.25 Gig Harbor Municipal 0.28 Granger Municipal 0.04 Hoquiam Municipal 0.40 Issaquah Municipal 0.84 Kent Municipal 2.00 Kirkland Municipal 1.00 Lake Forest Park Municipal 0.60 Lakewood Municipal 1.00 Lynden Municipal 0.35 Lynnwood Municipal 0.80 Marysville Municipal 2.00 Mercer Island Municipal 0.70 Milton Municipal 0.20 Monroe Municipal 0.31 Judicial Needs Estimates by Full -Time Equivalents 2020 Projected Filings' Commissioners and istrates Total Judicial Officers 0.75 0.80 0.33 0.50 0.25 1.00 2.00 0.25 0.31 0.75 0.85 0.20 1.20 0.42 0.33 0.30 0.35 0.10 0.20 0.36 0.30 0.05 0.80 0.55 0.75 0.25 0.17 2.00 0.11 2.00 0.33 0.85 0.25 0.28 0.04 0.40 0.84 2.00 0.25 1.25 0.60 1.00 0.35 0.80 2.00 0.70 0.20 0.31 Total Estimated Judge Need 1.21 0.79 0.64 0.39 1.04 1.90 0.51 0.47 1.10 1.25 1.38 0.51 0.56 0.78 0.50 0.51 0.30 0.35 0.33 1.03 0.61 0.96 0.39 0.53 2.46 0.40 2.26 0.63 0.90 0.86 0.65 0.35 0.75 0.83 3.59 1.15 0.50 2.06 0.56 1.87 3.56 0.54 0.69 0.76 Packet Pg. 186 8.1.i Judicial Needs Estimates by Full -Time Equivalents 2020 Projected Filings' Municipal Court Commissioners and Total Estimated Judges Magistrates Total Judicial Officers Judge Need Montesano Municipal 0.25 0.25 0.35 Mount Vernon Municipal 0.33 0.33 0.81 Napavine Municipal 0.06 0.06 0.29 Ocean Shores Municipal 0.25 0.25 0.43 Olympia Municipal 1.00 1.00 1.09 Orting Municipal 0.50 0.50 0.47 Pacific & Algona Municipal 0.20 0.20 0.64 Pasco Municipal 0.85 0.85 2.02 Port Orchard Municipal 0.80 0.80 0.57 Poulsbo Municipal 0.52 0.52 0.48 Puyallup Municipal 1.00 1.00 2.51 Raymond Municipal 0.50 0.50 0.36 Renton Municipal 1.00 1.00 1.96 Roy Municipal 0.10 0.10 0.34 SeaTac Municipal 0.55 0.55 0.90 Seattle Municipal 7.00 5.00 12.00 9.58 5edro Woolley Municipal ° 0.23 0.23 0.44 Selah Municipal 0.25 0.25 0.42 Shelton Municipal 0.50 0.50 0.76 South Bend Municipal 0.04 0.04 0.32 Spokane Municipal 3.00 3.00 6.00 4.69 Sumas Municipal 0.25 0.25 0.37 Sumner Municipal 0.44 0.44 0.54 Sunnyside Municipal 0.40 0.40 0.85 Tacoma Municipal 3.00 1.60 4.60 2.88 Tenino Municipal 0.10 0.10 0.32 Tukwila Municipal 0.85 0.85 0.82 Wapato Municipal 0.29 0.29 0.37 Westport Municipal 0.05 0.05 0.39 Yakima Municipal 2.00 0.50 2.50 1.99 Yelm Municipal 0.45 0.45 0.71 Zillah Municipal 0.05 0.05 0.32 Totals 54.38 11.65 66.03 82.29 A Past Year's Data Used Rev 11/20/20 'Staffing levels measured are those in effect on 12/31/2019. Year 2020 projected filings are based on the previous five-year filing trends of the various case types in a given court. Any ' Need estimates represent the estimated number of judge positions needed, as required by RCW 2.56.030(11). They are based on the previous five years of data for the number of total judicial officers and case resolutions. Packet Pg. 187 9.1 City Council Agenda Item Meeting Date: 07/27/2021 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Maureen Judge Background/History Outside Boards and Committee Reports will be added to the end of the Council meeting packet for the last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from Councilmembers Olson and Distelhorst. Attachments: Port Minutes-6-14-21 Minutes Sno County Tom SC 062321 Packet Pg. 188 DocuSign Envelope ID: 6B378EF3-DD36-426D-B7BA-B6C3AEOE60BB 9.1.a P ORT OF E D M O N D S PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING (Via Zoom) June 14, 2021 COMMISSIONERS PRESENT Angela Harris, President David Preston, Vice President Steve Johnston, Secretary Bruce Faires Jim Orvis CALL TO ORDER President Harris called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE STAFF PRESENT Bob McChesney, Executive Director Brandon Baker, Marina Manager Tina Drennan, Finance Manager Brittany Williams, Manager of Properties and Marketing OTHERS PRESENT Jordan Stephens, Port Attorney Vivian Olson, City of Edmonds Representative All those in attendance participated in the Pledge of Allegiance to the American Flag. CONSENT AGENDA Commissioner Harris announced that the Commission would have an executive session at the end of the regular meeting. COMMISSIONER FAIRES MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS: A. APPROVAL OF AGENDA B. APPROVAL OF JUNE 1, 2021 MEETING MINUTES, AS AMENDED C. APPROVAL OF PAYMENTS IN THE AMOUNT OF $332,342.42 D. APPROVAL OF EXECUTIVE DIRECTOR CONTRACT AMENDMENT COMMISSIONER PRESTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC COMMENTS There were no public comments. Packet Pg. 189 DocuSign Envelope ID: 6B378EF3-DD36-426D-B7BA-B6C3AEOE60BB 9.1.a CONTINUATION OF RESOLUTION NO. 20-03 DECLARING LOCAL EMERGENCY AND DELEGATION OF AUTHORITY Mr. McChesney reported that he hasn't taken any action under the emergency authority. PROJECT REPORT: NORTH PORTWALK AND SEAWALL. RECONSTRUCTION Ms. Williams provided a progress report on the 30% design submittals for the project. She advised that Port staff and Commissioner Orvis met with CG Engineering last week to review the architectural, civil engineering and structural engineering design submittals and prepare feedback for the consultants. The consultants will use this feedback to prepare the 60% design submittals that should be ready for review in about six weeks. Ms. Williams shared the architectural design submittal first, which shows the anticipated location of planter boxes, benches, bump outs, gates, etc. Design concepts have been provided for the planter boxes and other specific elements. Some dimensions were provided, but the 60% design will provide full dimensions and materials. Ms. Williams also shared the civil engineering design submittal, which includes the utility plan and identifies some structural components. Ms. Williams advised that some initial cost estimates were provided, but they weren't synced with one another and it didn't make sense to review them at this time. Instead, CG Engineering has asked that all the consultants submit their bare construction costs with the 60% design. They will then add the supplemental costs (taxes, general contractor profit, and overhead) and present all of the information to the Port at the same time. Ms. Williams recalled that the Commission discussed the proposed new bump -out locations at their retreat, and these still need to be noted in the 30% design. They also talked about adjustments to the gate designs and guardrail. Staff has asked that each of the submittals use plan labels that are the same across the board. Lastly, Ms. Williams said they started discussing what phasing and site closure might look like. The original thought was that the project would be done in multiple phases, and only small areas would be closed at any given time. However, they now believe it might make more sense to close a larger portion to protect walkers and provide a larger lay -down area for the crews. She summarized that the project is currently on schedule, and the 60% design submittals are due on August 8tn Mr. McChesney added that he is happy with the progress being made on the project. The 60% design submittal will be a crucial milestone, as it will allow them to start the Joint Aquatic Resource Permit Application (JARPA) process. Simultaneous with that permit process will be the State Environmental Policy Act (SEPA) and Shoreline Permit application review. He reported that the City of Edmonds has been very cooperative and helpful, and he expects the SEPA review and Shoreline Permit will be completed in a reasonable period of time. However, the timeline for the JARPA process is still unknown. Commissioner Faires pointed out that once the 60% designs have been submitted to the Federal Government for the JARPA Permit, it will be difficult for the Port to change anything. He asked if the schedule includes an opportunity for the Commission and staff to have a robust discussion with the consultants about the 60% designs before they are submitted as part of permit applications. Mr. McChesney answered that the designs would be presented to the Commission for review and comment prior to submitting the permit applications. Commissioner Faires asked if the Port owes anything to the consultants that could hold them up at all with regard to the 60% design. Ms. Williams answered that the consultants are waiting for the Port's feedback regarding the 30% designs, and staff is working with CG Engineering to prepare that information now. Mr. McChesney summarized that the Port's obligations to the consultants have all been met, and there haven't been any major hang ups that will impact the schedule. Commissioner Johnston pointed out that the Port would be the lead agency for the SEPA review. He observed that, once the 30% designs have been submitted, the process will be iterative and decisions, and likely amendments, will need to be made as the project progresses. MINUTES OF REGULAR MEETING Port Commission June 14, 2021 Page 2 Packet Pg. 190 DocuSign Envelope ID: 6B378EF3-DD36-426D-B7BA-B6C3AEOE60BB 9.1.a Commissioner Harris commented that it is important to have touchpoints built into the schedule for the Administration/Maintenance Building Project as they consider opportunities for LEED. Mr. McChesney announced that the project received approval from the Architectural Design Review Board. It is now moving forward to final design, and there will likely be several iterations. The Commission will have an opportunity to review the plans before they go out to bid. He advised that LEED will impact the design schedule a little, but they expect to have building permits in hand before the end of 2021. The plan is to start construction in the 1 It quarter of 2022. Commissioner Faires asked if the Architectural Design Board was interested in the LEED elements that might be included in the project. Mr. McChesney said he was careful to point out that the building would be LEED Certified, and the Board was very encouraged by that. Absent LEED Certification, the Board may have been a bit more forceful with their design questions and issues. It helped to elevate their confidence in the project, and they approved it without any additional conditions. Commissioner Preston asked if the contracts for the project will address the volatility of the supply prices. Mr. McChesney responded that they won't know this until they go out for bid, but it would be unusual for a contract to have escalator/de-escalator clauses to protect the contractor and Port. CITY OF EDMONDS REPORT Council Member Olsen reported that the City Council is currently considering a master permit for a 5G project, and she welcomed input from the Commissioners and Port staff. EXECUTIVE DIRECTOR'S REPORT Mr. McChesney reviewed that the Commission and staff have discussed a plan for going back to in -person Commission meetings. No specific date has been identified yet, but he recommended starting on June 28'. He noted that staff members who can demonstrate vaccination are no longer required to wear masks. Commissioner Harris recalled that they previously discussed using a hybrid approach so that people who aren't comfortable attending in -person meetings can still participate. Port Attorney Stephens advised that, while in -person meetings are allowed to resume, there is still a mandatory remote component that must be provided. The Commissioners agreed to switch to hybrid meetings starting June 28th, with the Commissioners and staff attending in person and the public participating via Zoom. Commissioner Orvis noted that the Commission meetings will likely be some form of hybrid for some time into the future, since it allows people to participate without the stress of coming to the actual meeting. Mr. McChesney advised that he would be setting up a Finance Committee meeting sometime in the next few weeks to start focusing on project financing. Although cost estimates are a way off, it is time to start putting together some scenarios and models. Ms. Drennan has prepared some possible options to share with the Finance Committee. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS Commissioner Orvis said he participated in the meeting with CG Engineering to review the 30% designs for the North Portwalk and Seawall Reconstruction. He is looking forward to the 60% designs that will include the comments provided at that meeting. Commissioner Orvis announced that he would participate in the virtual Washington Public Port Association's (WPPAs) Legislative Affairs Meeting on June 171h. The discussion will focus on potential items of discussion at the next legislative session. Commissioner Johnston announced that he would participate in the legislative session, as well. Commissioner Faires asked if any of Commissioner Orvis' discussion with CG Engineering led him to conclusions about construction costs. Commissioner Orvis said he estimates the project will likely cost $20 million, and the Port needs to start looking for grant opportunities. MINUTES OF REGULAR MEETING Port Commission June 14, 2021 Page 3 Packet Pg. 191 DocuSign Envelope ID: 6B378EF3-DD36-426D-B7BA-B6C3AEOE60BB 9.1.a Commissioner Faires reported that he attended a tour and presentation of the Willow Creek Fish Hatchery with Commissioner Harris on June 71. In addition to showing them around the hatchery, they explained their activities and how the Port plays a role in their work. He more fully appreciates the hatchery's contribution to the local environment now. Commissioner Johnston said he participated in a tour of the Willow Creek Fish Hatchery last year and agreed that it is a fantastic facility, and the Port's support is highly valued. Commissioner Harris added that they had a great discussion with Lisa Syravong and Brooke Skowyra. Having worked for the Port of Edmonds, Ms. Skowyra had fantastic things to say about the Port's support of the hatchery. She also shared some great ideas that she discussed with Ms. Williams last week. Ms. Williams will be contacting both Ms. Syravong and Ms. Skowyra to discuss opportunities to highlight the hatchery's activities via social media. She asked that Ms. Williams forward the information and videos that were provided in the email to the Commissioners. Commissioner Faires announced that he would attend the Edmonds Economic Development Commission Meeting on June 161. He said he is still trying to set up a meeting with Commissioner Harris, Mr. McChesney, and the president of the EDC to discuss economic business development at the waterfront, and particularly the Waterfront Center. Commissioner Johnston reported that he attended the Architectural Design Board Meeting on June 2°d, where the Board reviewed the Port's design for the new administration/maintenance building. The review went smoothly, and he agreed that the prospect of a LEED Certified building was very attractive to them and allowed them to reach final approval without conditions. Commissioner Johnston further reported that he attended a WPPA Virtual Roundtable on June 8t` on how small businesses faired in the latter stages of the pandemic. It was reported that most are recovering. About 75% of them applied for government assistance to get them through and most are expected to get relief in total from their obligations. Nationally and regionally, the availability of labor is in short supply, but more people are starting to look for work as unemployment benefits are slowly phased out. There are also severe supply chains shortages, particularly lumber and other building materials. However, lumber prices have trended in the right direction over the past few weeks. They can expect increased fuel and food costs, and ultimately higher inflation overall. Businesses are generally looking for sales and inventories to start trending up, but it will take a while. They expect compensation and salaries to start trending up, as well, to attract workers in a tough labor market. They have significant inflation worries as the recovery continues. Commissioner Johnston said he attended the Economic Alliance of Snohomish County's (EASCs) Annual Meeting on June 10', where they celebrated their 10t' anniversary. It was reported that Snohomish County's economy is springing back to life, and there is much optimism across most sectors of the economy throughout the County, but it will take time. The new CEO, Gary Clark, appears to be a vibrant leader who will take the EASC forward in the right direction. Commissioner Johnston said he visited the Edmonds Waterfront Center on June 111. He encouraged other Commissioners to tour the new facility, too, as it provides a good example of how feasible it will be for the Port to get to LEED Silver and possibly Gold Certification with the new Administration/Maintenance Building. For example, using more recycled materials could springboard the project to a higher certification. Commissioner Harris added that participating in a tour of the Edmonds Waterfront Center got her excited about the possibilities for LEED Certification, as well. Commissioner Preston said he also attended the EASC's Annual Meeting on June 101, as well as the Edmonds Yacht Club's virtual meeting on June 111 where they discussed the responsibilities of the different levels of officers. They have been doing a lot of cruising already this year, and they have a full summer schedule. The facility can once again be rented for events. The yacht club was very interested in the anticipated closures and disruptions associated with the Portwalk construction, and he suggested they contact Ms. Williams for details. EXECUTIVE SESSION At 7:39 p.m. Commissioner Harris announced that the Commission would recess into an Executive Session pursuant to RCW 42.30.110(1)(i) to discuss with legal counsel representing agency matters relating to agency enforcement actions, or to discuss the legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or member acting in an official capacity is, or is likely to become, a party to. She advised that the MINUTES OF REGULAR MEETING Port Commission June 14, 2021 Page 4 Packet Pg. 192 DocuSign Envelope ID: 6B378EF3-DD36-426D-B7BA-B6C3AEOE60BB 9.1.a Executive Session would last approximately 20 minutes, and the Commission would resume the public portion of the meeting after the Executive Session. She further advised that no action would be taken after the Executive Session, and the meeting would be adjourned at the end of the Executive Session. The Executive Session started at 7:40 p.m. The Executive Session was adjourned at 8:00 p.m., and the business portion of the regular meeting was adjourned immediately after. ADJOURNMENT The Commission meeting was adjourned at 8:00 p.m Respectfully submitted, DocuSigned by: Port Commission Secretary MINUTES OF REGULAR MEETING Port Commission June 14, 2021 Page 5 Packet Pg. 193 Stanwood Darrington Snohomish County Tomorrow A GROWTHMANAGEMENTADVISORY COUNCIL 2 3 4 6 7 STEERING COMMITTEE MEETING Wednesday, June 23, 2021 Via Zoom 6:00 p.m. to 8:00 p.m. MEETING MINUTES Particiclatina Jurisdictions/Members Tulalip Arlington Tribes Granite Falls Marysville Everett Lake Stevens Mukilteo Mill Creek Lynnwood Snohomish Edmonds Mountlake Monroe Terrace Sultan Gold Index Noodwav Brier Bothell Bar Arlington Barbara Tolbert, Vice -Chair Darrington Dan Rankin Edmonds Luke Distelhorst Everett Elizabeth Vogeli Granite Falls Matt Hartman Lake Stevens Brett Gailey, Co -Chair Lynnwood Julieta Altamirano-Crosby Marysville Kelly Richards Mill Creek Stephanie Vignal Monroe Heather Rousey Mountlake Terrace Bryan Wahl Mukilteo Bob Champion Snohomish John Kartak Stanwood Patricia Love Sultan Russell Wiita Snohomish County Council Nate Nehring, Co -Chair Snohomish County Executive's Office Josh Dugan Citizen Representative Mike Appleby Citizen Representative Peter Battuello Citizen Representative Melissa Blankenship Citizen Representative Linda Hoult CAB Representative Michelle Stewart Other Attendees/Presenters: Arlington Jan Shuette Arlington Mike Hopson EASC Garry Clarke Lake Stevens Russ Wright Monroe Ben Swanson PSRC Ben Bakkenta Snohomish County PDS Mitchell Brouse Snohomish County PDS Shanan Bird Snohomish County PDS Scott Lindquist Snohomish County PDS Mike McCrary Snohomish County PDS Frank Slusser Snohomish County PDS Steve Toy Snohomish County PDS Janet Wright Snohomish County Public Works Doug McCormick Snohomish Glen Pickus Snohomish Linda Redmon Page 1 of 3 I 9.1.b I Packet Pg. 194 1 2 5 6 7 8 09 11 12 113 15 16 17 18 1p9 21 222 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Toyer Strategic Advisors, Inc. David Toyer, Anne Anderson, Peter Condyles LDR Clay White SCT Coordinator Cynthia Pruitt 1. Call to Order: The meeting was called to order at 6:02 p.m. by Co -Chair Nate Nehring. 1.a. Introductions/Roll Call Roll call was taken (as listed above). 1.b. Citizen Comments David Toyer spoke to item 5.b. He felt public should be able to sit in on subcommittee meetings. By the time issues get to hearings it is too late to affect them. 2. Approval of Meeting Minutes (5-26-21) Bryan Wahl moved to approve the minutes of May 26, 2021, as written. Barbara Tolbert seconded, and the motion passed unanimously. 3. Update Items a. Summary of PSRC Board Actions and Activities Ben Bakkenta reported on the Executive- and Growth Management Policy Board activities. He invited members to a PSRC event on building a foundation for social equity. All PSRC meetings will be virtual in July. Hybrid meetings will start in September. b. EASC Garry Clarke reported that EASC held their annual meeting virtually. 4. Action Items a. PSRC Regional Staff Committee Representative for Cities Bryan Wahl moved to approve Russ Wright. Russell Wiita seconded the motion and it passed unanimously. b. Agenda Bill: Buildable Lands Report (BLR) [This discussion took place prior to item 4.a.] Brett Gailey said he was not comfortable taking action on the BLR tonight. Concern was expressed that the CPPs would be delayed, if the BLR decision was postponed. Steve Toy reported that the jurisdictions' staff on PAC had passed the BLR unanimously. Josh Dugan said that the county executive would be concerned about delay of process. He asked what would be gained by delaying it. Other actions later in the process would be affected. Mr. Kartak stated that if a city feels that their issues haven't been addressed then he supports delaying it. Elizabeth Vogeli agreed. Bryan Wahl asked if members were voting only for their cities or on behalf of the whole county. If the latter then he supports delaying the vote. Mike McCrary pointed out the tight timeframe (June 30, 2021 deadline under GMA). Delaying a vote will mean we will not meet that deadline. Mike Appleby said that the building/development community is concerned that the BLR reports that there is adequate land supply. Russell Wiita preferred discussion only tonight. The public engagement timeline does not allow us to look closely at the report. Barbara Tolbert said she wanted to discuss the BLR tonight; it is important and merits better discussion. Bob Champion also agreed it should be a discussion item tonight. Brett Gailey made a motion to move the BLR to Discussion Items for tonight. John Kartak seconded, and the motion passed unanimously Page 2 of 3 Packet Pg. 195 1 2 3 4 5 6 7 8 9 10 11 12 U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4445 46 4g7 49 50 51 52 53 N 56 57 58 59 60 (Moved down the agenda into briefings) c. Agenda Bill: 2022 Preliminary Dues Ms. Pruitt described the projected SCT expenses for 2022. She noted that revenues continue to be less than expenses and that SCT's reserve will be gone in about three years if dues continue at a 4.5% level. The Executive Committee will look at this and come back next year this time with a strategy. Russell Wiita moved to give preliminary approval to the 2022 dues increase of 4.5% as shown on the attached Exhibit 2. Bob Champion and the motion passed unanimously. 5. Briefings, Discussion Items Buildable Lands Report Steve Toy outlined the data and findings of the BLR. Members asked what the difference is between planned capacity for lots versus the actual capacity. They expressed concern that the availability of land does not reflect houses sold since 2019 and that it does not show an accurate picture of housing availability and increased costs. Some felt that the BLR, in setting 2019 as the point of study, contributes to the high price of housing by overestimating the available land. Members also asked why the BLR was not done two years later — closer to the timing of growth targets. They expressed concern that cities would just say they will increase density even though an expansion of the Urban Growth Boundary was needed. They also asked what the consequences would be if the BLR was wrong and how the number of homes are planned for. Some wanted to know if the Growth Management Act (GMA) dictates to cities what their densities should be and whether GMA policies will result in cities we want to live in. His presentation can be viewed here. a. Countywide Planning Policies (CPPs) Mitchell Brouse asked the members to please review the CPP changes with staff and send any comments and proposed changes by July 16th. Mr. Brouse confirmed that any proposals would be sent to the Steering Committee one week ahead of time. b. Public attendance at SCT Subcommittees Ms. Tolbert, Mr. Gailey and Mr. Nehring stated that the public adds expertise to subjects being considered by SCT. Mr. Kartak said that the public should be involved early. The Executive Committee will sort out the details and bring this issue back to the Steering Committee for the July 28, 2021 meeting. c. Coordinator's Report Ms. Pruitt brought the SCT committees report to the attention of the members. 6. Future Agenda Items No additions. 7. Go -Round Not discussed. 8. Next Meeting Date July 28, 2021; 6:00 pm - 8:00 pm. 9. Adjournment The meeting was adjourned at 8:40 p.m. by Co -Chair Nate Nehring. All presentations given, discussions held, and actions taken at this meeting are kept on file (via recording) in PDS until six years from December 3111 of this year. Page 3 of 3 Packet Pg. 196