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2022-07-05 City Council - Full Agenda-3215
Op E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 5, 2022, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING 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. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. 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 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. PRESENTATION 1. Municipal Court Annual Report (30 min) 5. APPROVAL OF THE AGENDA 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. Edmonds City Council Agenda July 5, 2022 Page 1 7. RECEIVED FOR FILING 1. March Quarterly Finance Report (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes of June 27, 2022 2. Approval of Council Meeting Minutes of June 28, 2022 3. Approval of payroll and benefit checks, direct deposit and wire payments. 4. Approval of claim checks and wire payments. 5. Confirm Appointment of Board/Commission Candidate 6. Edmonds Citizens' Tree Board Appointment Confirmation 7. Ordinance Repealing or Amending Certain Chapters of ECC Title 4 Licenses and adding a new Chapter related to Special Event Permits 8. Resolution adding Special Event Permit Fees to the City's Fee Schedule 9. PLN2022-0009 Rezone 9516 & 9530 Edmonds Way 9. COUNCIL BUSINESS 1. Approve Update to Edmonds City Code Chapter 3.36 to Include Impact Fee Waivers for Early Learning Facilities (15 min) 2. City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request (20 min) 3. Open Public Meetings Act (OPMA) Training (Part 2) (45 min) 4. Discussion of Council Response to Supreme Court Decision to Overturn Roe v. Wade (30 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda July 5, 2022 Page 2 4.1 City Council Agenda Item Meeting Date: 07/5/2022 Municipal Court Annual Report Staff Lead: Judge Whitney Rivera Department: City Clerk's Office Preparer: Scott Passey Background/History The Municipal Court provides an annual report to the City Council in the first quarter of each year. This year's report was postponed to allow for reporting on any legislative changes that may impact the judicial branch. Staff Recommendation For information only. Narrative n/a Attachments: State of the Court 2022 Packet Pg. 3 r Edmonds Municipal 2022 ANN UAL REPORT�� lljnff�w Court Restarted Community Court in January 2022 Court o Many thanks to our temporary home at Community Health Center Operations o Moved to our new Community Court Update Space on Highway 99 Began processing passports in November 2021 Court Operations Update ❖ Completed multiple jury trials safely ❖ Processing infractions for individuals who did not respond during COVID ❖ Legal financial obligation relief and Unified Payment (UP) Program ❖ Fully operational in hybrid model 4.1.a rov�. f ng the just",�YArcesst� wlrh ,PCCtJnd1 tegriry c 410 Edmonds Municir Packet Pg. 7 4.1.a i-4 IWO Packet Pg. 8 r. ARM- - rT -fz iI I '11W L. � Packet Pg. 9 ck"Dry 81... . Op . 1� Community Court's New Home ••• Received a grant from the Administrative Office of the Courts (AOC) as part of SB 5476 ••• Grant goes towards enhancing and improving therapeutic programs in courts of limited jurisdiction ••• Vendors present during Community Court hearing dates ••• Connecting individuals with services to address underlying issues Statewide Leadership Ll M Washington State Criminal Justice Training Commissio WASHINGTON STATE MINORITY AND JUSTICE COMMISS Work -In to JId ntify and to eradicate the effects of racilal, ethnic, and cultural bias in our state carat system 4.1.a blKill f .�Ti r21WETLA ffe-i ff4i Uneek Maylor, Court Administrator District & Municipal Court Management Association (DMCMA) - Executive Board Member, Technology Chair, Education Committee Member, Long Range Planning Committee Member Minority & Justice Commission Jury Demographics Study Work Group Member of work group for new case management system through Administrative Office of the Courts (AOC) Career & technical education advisor for Edmonds School District Packet Pg. 13 4.1.a w •l •I.11 [• ❖ Omar Gamez, Probation Officer ❖ Training & Education Co -Chair for the Misdemeanant Probation Association ❖ Committee member on Deferred Prosecution Revision workgroup ❖ Misdemeanant Probation Academy Instructor at the Criminal Justice Training Center ❖ DV and DV-MRT Facilitator ❖ Volunteer at Saint Vincent de Paul E L 0 Q CD w yQ L 0 U .2 N N O N L O U 4- 0 M Cn Q Packet Pg. 14 4.1.a L 0 0- CD yQ L 0 U District & Municipal Court Judges' Association (DMCJA) Co -Chair of Legislative Committee N L O Member of the Public Outreach Committee 4- 0 Member of Council on Independent CourtsCn E Presenter at the Spring DMCJA Judicial Conference on racial disparities in Q imposition of legal financial obligations based on 2021 task for report on race in the criminal legal system Packet Pg. 15 —mar-7w, 7.0 aE 42- L --j Looking Forward Sections of SB 5476 that makes possession of a controlled substance a misdemeanor sunsets July 1, 2023 Looking Forward Updating jury summons processing ❖ Continuing to develop Language Access Plan and interpreter services ❖ Change in law to provide for ability to pay hearings for infractions goes into effect in 2023 :• Potential for state funding for pretrial services that impact public safety (SCRAM., EHM, GPS) ❖ Transition to new case management system in 2023 ❖ Expanding pretrial services, including text and email reminders for court dates 4.1.a F 4 Q Packet Pg. 19 7.1 City Council Agenda Item Meeting Date: 07/5/2022 March Quarterly Finance Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The Finance Department provides periodic finance updates to Council. This report shares information from a higher level than the more detail -oriented reports given at Finance Committee every month. Staff Recommendation Informational only. Attachments: March 2022 Quarterly Report Packet Pg. 20 March 2022 Quarterly Financial Report July 5, 2022 a Packet Pg. 21 Sales Tax Revenues for 3 months ended March 31 $315,600 ahead of last year, and $246,000 ahead of budget Sales andL'se Tax January February March April mo y June Jury Aaguit September October November December CumulZItive Monthly YTD Budget Forecast Budget Forecast ActuaIs M,,651 5 1, 704, 609 2,420,254 3,074r639 3,891,081 4,672,507 5,521,403 6,419,084 7, M,, 649 8,201,996 9,119,425 10, 000r000 763,651 857,872 940,958 1,853,000 715,646 2,666,259 654,384 818,442 779,426 850,896 515,680 854,565 910,347 535,429 860,575 Variance 4 12.34% 8.71% 10.16% 11,000,000 r 10,OOD,OOD I 9, DOO, DOO 8, DDO, DDO 7, DDO, DDO 6, DOO, DOO 5, DDO, DOO 4, DDO, DOO 3, DDO, DOO 2, DOO, DDO 1, DDO, DDO 0 JAI+N Sales and L, a Tax FEB I%,iA R F 1�1- - TUN JUL AUG SEP (ACT NC V DLG --w—C:iurentYear —Budget Prior Year EDtyIQ�O w Packet Pg. 22 kim r Q Sales Tax Revenues have increased steadily over the last decade, other than the expected dip in 2020. The trend line shows that 2021 is right on trend, and we expect 2022 to come in at close to $11 million (or $1 million ahead of budget). Sales Tax: 2010-2021 Actual 2022: Budget + Projected $12,000,000 $10,000,000 $8,000,000 $ 6, 000, 000 $4, 000, 000 $2,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Actual Projected Sales tax revenue projections remain strong, despite recent inflation, and leave no reason to suspect future budgetary uncertainty. Eb40 �o w Packet Pg. 23 Real Estate Excise Tax Revenues for 3 months ended March 31 $158,216 behind budget, we'll keep an eye on this, but see no reason to predict a significant reduction of REET receipts in the foreseeable future. Real E.tat,- Exci:e Tax 1 &- 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs % Janaary 381,097 $ 381,097 PEhraary 611,562 230,465 March 952,142 340,580 Aprif 1,227,434 275,291 May 1,586,772 359,339 June 1,961,879 375,106 July 2,368,24E 406,370 August 2,810,074 441,826 September 3,256,639 446,564 October 3,660,496 403,949 November 4,056,561 396,075 December 4,400,000 343,439 5 3 77,89 5 620,392 793,926 -0.84% 1.44% -16.62'l Real Estate Excise Tax 1 5.50 0,000 5.000„000 4. /5y�0� /y Cy 0�0�05 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000„OOC� 50 0„ 0 JAN FEB h R APR MAY JUN JUL AUG SEP OCT NOVDFC -CturentYear -Budget PriorYear kim r a Packet Pg. 24 REET Revenues have increased significantly over the last decade. The trend line shows that 2021 is right on trend, and we expect 2022 to come in at around budget, or about $4.4 million. 2010-2021: Actual $5,500,000 2022: Budget $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1, 500,000 1 M $1,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Real Estate Excise Tax projections remain strong, despite recent inflation, and leave no reason to suspect future budgetary uncertainty. OV Eb�ijQ�O w Packet Pg. 25 OW 0 0 0 0 LL L d 0 Q 21 L 0 N N O N t 0 L C� G r c d t w r Q Preliminary results are in for last year: The General Fund's ending fund balance at 12/31/2021 is $15,931,353, the City's largest ever. Edmonds - General Fund, Budget and Actual for 2021 Revenues Expenses Revenues over (under) Expenses Net Transfers (Out) Net Change in Fund Balance Fund Balance, 1f 1f 2021 Fund Balance, 12/31/2021 Final Budget 42,187,229 (45,353,097) {3,165,868) (529,332) {3,695,200) 13,968,745 $ 10,173,545 Actual ResuJts $ 43,697,155 (41,365,223) 2,331,932 (269,323) 2,062,609 13,868,745 $ 15,931,354 Variance from Budget 1,509,926 3,987,874 5,497,800 260,009 5,757,809 $ 5,757,809 Per Preliminary Annual Report, NOT incl. GF Sub Funds vyOF E b4f 0 0 Packet Pg. 26 w 0 0 0 0 U- cY M U L CM C r L 0 Q a� 21 a� 3 CY N N O N L V L cu t r a Preliminary results are in for last year: The General Fund's ending fund balance at 12/31/2021 is $15,931,353, the City's largest ever. Here we can see how that trends over time, including the expected dip in 2020: Ending Fund Balance - General Fund $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 2015 2016 2017 2018 2019 2020 2021 O F. D ,jj Packet Pg. 27 In accordance with the city's Fund Balance Policy, at the end of the year the city had $9,262,195 of Restricted GF Fund Balance. On top of that we had an additional $8,438,022 in Unrestricted Fund Balance. General Fund Total and Restricted Fund Balance, and Contingency Fund Reserves per December Monthly Report $16,000,000 $14,000,000 $8,438,022 $12,000,000 $10,000,000 $8,000,000 $7,493,332 $6,000,000 $4,000,000 $1,768,863 $2,000,000 General Fund, Contingency Fund 001 Fund 012 ■ Reserved (Restricted) Fund Balance ■ Unrestricted Fund Balance The fund balance policy requires Council approval when budgeting to spend any of the Restricted Fund Balance. The 2022 budget does not include any spending of Restricted money. It remains 100% intact. OV E04j0 �O w Packet Pg. 28 In compliance with the city's Fund Balance Policy, at the end of 2021 Edmonds had $9,262,195 of Restricted Fund Balance, and an additional $8,438,022 in Unrestricted Fund Balance. And revenues remain strong in 2022, which bodes well for the upcoming 2023 budget process. Restricted and Unrestricted Fund Balance Shown proportionally to the Overall GF Expenditure Budget ■ Restricted Fund Balance Unrestricted Fund Balance The fund balance policy requires Council approval when budgeting to spend any of the Restricted Fund Balance. The 2022 budget does not include any spending of Restricted money. It remains 100% intact. U~�A OV E bpi jQ�O w Packet Pg. 29 w I'm r L 0 Q N� L L 3 Thank you. N N L V L C� G cd C t ci a OV Eb4j0 �O w Packet Pg. 30 8.1 City Council Agenda Item Meeting Date: 07/5/2022 Approval of Council Special Meeting Minutes of June 27, 2022 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: E062722 Special Packet Pg. 31 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES June 27, 2022 ELECTED OFFICIALS PRESENT Neil Tibbott, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Council President Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Krisiana Johnson, Councilmember Susan Paine, Councilmember Mike Nelson, Mayor STAFF PRESENT Emily Wagener, HR Analyst Sharon Cates, City Attorney's Office 1. CALL TO ORDER 0 At 5:02 p.m., the Edmonds City Council Special Meeting was called to order by Council President 0. Vivian Olson. a_ 0 2. EXECUTIVE SESSION a The Council then convened in the Police Training Room in executive session to evaluate the N qualifications of applicants for public employment per RCW 42.30.110(1)(g). N 0 3. RECONVENE IN OPEN SESSION w At 7:32 p.m. the Council reconvened in open session. z 0 r ADJOURN a At 7:32 p.m., the meeting was adjourned. Edmonds City Council Draft Minutes June 27, 2022 Page 1 Packet Pg. 32 8.1.a a� r c a� c r m m m Q. c 0 U 0 0 L Q Q Q Q N N ti N w O W C d E t v R r r Q Edmonds City Council Draft Minutes June 27, 2022 Page 2 Packet Pg. 33 8.2 City Council Agenda Item Meeting Date: 07/5/2022 Approval of Council Meeting Minutes of June 28, 2022 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: E062822 Packet Pg. 34 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES June 28, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Kristiana Johnson, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Kernen Lien, Interim Planning Manager Michele Szafran Associate Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis read the City Council Land Acknowledge Statement: "We acknowledge the a original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip a Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We N respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection oNo with the land and water." o w 3. ROLL CALL c m E City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS Q 1. RESOLUTION COMMENDING GREG URBAN Council President Olson read a resolution commending Greg Urban, Edmonds Chamber President and CEO since May 5, 2014, resolving that he has been a distinguished friend and contributor to Edmonds' civic and business communities, and that his presence here will be greatly missed. Mr. Urban thanked the city council and the community, commenting it has been a pleasure and privilege to live and work in the community; it will be greatly missed but not forgotten. 2. ANNUAL TREE BOARD PRESENTATION Tree Board Chair Janelle Cass reviewed: Edmonds City Council Draft Minutes June 28, 2022 Page 1 Packet Pg. 35 Tree Board's Main Purpose o The City of Edmonds Tree Board actively encourages the planting, protecting and maintaining of trees for the long-term benefit to our community. Tree Board 2021 Members o A Big Thank You for your devotion to the Tree Board and its mission, countless volunteer hours, and your expertise and enthusiasm guiding us over the past several years. o Frank Caruso o Barbara Chase o Doug Petersen o Suzanne Juergensen o Donna Murphy o Brian Doyle o Bill Phipps o Diane Buckshnis — Council Liaison • Year in Review 2021 o Contributed volunteer hours towards Tree City USA status for the 1 lth year o Provided input for tree code development with numerous draft code reviews and researching nearby community's tree codes o Explored Forterra and other partnerships for tree banking, technical assistance and public outreach o Participated in Edmonds in Bloom Garden Tours o Covid negatively impacted volunteer events, but accomplished: ■ Co -sponsored Earth Day activities at Yost Park (tree planting) and Edmonds Marsh ■ Participated in Arbor Day planting event at Edmonds Marsh Continued Maintenance — Edmonds Elementary Native Planting Project o Planting work done in 2020, but Barbara did maintenance work on her own in 2021. Keeping site clean and weeded • Photographs of volunteer events • Tree Board Members 2022 Member Council Sponsor Janelle Cass Chair CM Tibbott William Grant CM K. Johnson Andy Lon CM Chen Wendy Kliment CP Olson Bill Phipps (Vice Chair) CM Buckshnis Crane Stavig CM L. Johnson Ross Dimmick Alternate CP Olson Vacant Position CM Paine Laura Johnson City Council Liaison N N 00 N to 0 w c m E Q Tree Board Current Work o Advise on the Tree Code updates o Continue to help implement Urban Forest Management Plan o Continue to distribute "Before You Grab that Chainsaw..." and "Small Trees" brochures o Continue education and stewardship — Earth Day, Farmer's Market, Arbor Day o Continue to partner with community organizations to plant and preserve trees Councilmember Paine asked about the tree board's plans for the coming year. Chair Cass responded the board will presenting the council a proclamation for Arbor Day, an event that will be combined with tree seedling giveaways. Much of this year's focus will be on code updates, listening to the community and working with the planning department to provide input to the city council. Councilmember Paine asked if the Arbor Day resolution would be presented in October, the traditional Washington State Arbor Day. Edmonds City Council Draft Minutes June 28, 2022 Page 2 Packet Pg. 36 8.2.a Chair Cass answered yes. Councilmember Paine announced her appointment of Chris Eck to the tree board. Councilmember Buckshnis commented she was excited for the tree board this year, recognizing there were a lot of new members. The tree board was one of most fun groups because they did a lot of outdoor activities related to trees. She recalled Tree Board Alternate Ross Dimmick was very helpful with the urban forest management plan. She anticipated the board would have a lot of fun this year. Councilmember Chen expressed his appreciation for the volunteers' expertise and hours of work. He recalled participating in the removal of invasive plants. As the tree board carries on their volunteer activities, he encouraged them to look at the only park in the east side of the City, Mathay Ballinger Park, where there is overgrown vegetation including ivy. Two months ago a church group on Highway 99 volunteered to do maintenance work at the park. He encouraged the tree board to give attention to that area. Council President Olson expressed her appreciation for all the board members and the volunteer hours they put in. She referred to a patch of land on Highway 99 where an off -ramp may have been intended but was never constructed. The land is owned by the Department of Transportation and she did not believe they have plans for it. It would be great if there could be a pocket forest there, possibly a special project for the tree board to try to mobilize. She offered to provide the tree board cross streets to identify its location. Councilmember L. Johnson commented she has had the pleasure of twice being the new liaison to the tree board. She expressed appreciation for the work the board has done and was excited to be part of the tree board again this year. She gave a special shout out and thank you to her first appointee, Donna Murphy, for all the work she did and was excited to be working with her new appointee, Crain Stavig. The tree board has had one meeting so far which was a good meeting. 5. APPROVAL OF AGENDA COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO N APPROVE THE AGENDA IN CONTENT AND ORDER. cm N to COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO w ADD A RESOLUTION OF THE EDMONDS CITY COUNCIL IN SUPPORT OF ABORTION RIGHTS AND OTHER REPRODUCTIVE RIGHTS, IN OPPOSITION TO THE U.S. SUPREME COURT MAJORITY DECISION TO OVERTURN ROE V. WADE, URGING FEDERAL AND r STATE ELECTED OFFICIALS TO CODIFY ABORTION RIGHTS AND OTHER REPRODUCTIVE RIGHTS, AND SUPPORTING WASHINGTON STATE'S COMMITMENT TO Q PROTECTING REPRODUCTIVE FREEDOM. Councilmember L. Johnson began to speak to the motion, in January 2017 in response to a national threat to human rights, the Edmonds city council including four... Councilmember K. Johnson raised a point of order, commenting it was not appropriate to have a discussion regarding the topic, comments should only be related to whether or not to have it on the agenda. Mayor Nelson ruled point taken but said he would allow the councilmember some latitude to explain what she wanted added to the agenda and suggested Councilmember L. Johnson be more concise. Councilmember L. Johnson commented Friday's decision was shocking to many and councilmembers received calls from community members who were not just concerned but terrified. As a result, Councilmember Paine and she spent the weekend working on a resolution that they shared with the city Edmonds City Council Draft Minutes June 28, 2022 Page 3 Packet Pg. 37 8.2.a council and the community on Sunday evening. This is time sensitive, and although it is the council's standard practice to have resolutions included on agendas as part of a 600-1000 page packet that is published Friday afternoon which councilmembers review prior to Tuesday's meeting, exceptions are made when the nature of the issue demands it. She believed this two -page resolution on an issue which the council was well versed was such a time. The council owes it to those who are terrified about the loss of bodily autonomy and reproductive choice to know their concerns are important enough to the council to start today. Councilmember Paine urged the council to consider adding this to tonight's agenda to at least to begin the conversation. The council understands the issue, it has been advertised and has been in the media nonstop since 7:10 a.m. Friday morning. She urged the council to support adding this to tonight's agenda and continue the conversation next week if necessary. Councilmember Buckshnis commented she was still trying to process this. She believed it was something that should be pragmatically addressed and placed on next week's agenda so everyone was on the same page with the same resolution and the same agenda item so everyone could provide comment if they wished. At this time, she did not support adding it to tonight's agenda. Councilmember K. Johnson commented she did not see any urgency for this. The process for the city council is to give agenda items to the council president by Wednesday and she can decide when to put it on the agenda. This blindsides the council and according to the code of conduct, there are not to be any surprises. This is a frequent tactic, give something to the press, make a big announcement and then bring it to the council. She objected to the timing and suggested if the councilmember wanted to have it on the agenda, it be presented to the council president so she can decide when to schedule it. Council President Olson said she had encouraged the authoring councilmembers to wait until the July 5' o meeting so the resolution could be in the packet and councilmembers would have time to be thoughtful @ about the message they want to deliver on the subject on behalf of the community. That is what the c council does when they pass something as a body, they speak for the entire community. Even though a councilmember have given the topic plenty of thought individually, thinking about it from the perspective Q of the City is different and she was not ready to vote or discuss it further today. N N 00 Councilmember L. Johnson commented there was no intended surprise; it was based on what happened at o the national level. They worked diligently as quickly as they could and provided it to council and shared it w with the public as quickly as they could. She has heard from so many people who are terrified about what this means. The council has an opportunity to use their voice to encourage federal and state elected E leaders to codify this into the State and U.S. Constitution. There is precedence related to this in that the City has a safe city resolution and the council has already affirmed that it is the council's utmost responsibility to uphold rights and freedoms of the families and individuals they represent. a Council President Olson raised a point of order, requesting the councilmember speak to the motion related to whether to put the item on tonight's agenda. Mayor Nelson responded councilmembers have opened the door, talking about code of conduct violations, etc. so he was fine with the councilmember continuing her comments. Councilmember L. Johnson continued, stating in 2017, this council, including four who are here today, unanimously passed a safe city resolution... COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPEAL THE RULING OF THE CHAIR. Edmonds City Council Draft Minutes June 28, 2022 Page 4 Packet Pg. 38 8.2.a Council President Olson said she did not agree with the chair's ruling. The council needs to stay focused on whether or not to put the resolution on tonight's agenda. Councilmember Chen said the procedure was a little out of ordinary, but he saw the urgency of this resolution because now it is up to the state to make a decision about reproductive rights. Putting it on the agenda gives the council a chance to discuss it further. He expressed support for putting it on tonight's agenda. Councilmember L. Johnson said she was speaking to why the resolution should be on tonight's agenda and the precedent the council set by saying they will uphold human rights which is important to discuss tonight. The council has already declared they will uphold human rights and they owe it to the community to start that discussion tonight. Councilmember K. Johnson asked who decides on the appeal. Mayor Nelson said after discussion, the council will vote on the appeal. UPON ROLL CALL, MOTION CARIED (4-3), COUNCILMEMBERS K. JOHNSON, TIBBOTT, BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE AND L. JOHNSON VOTING NO. City Clerk Scott Passey announced as a result of the vote, the appeal is upheld and the mayor's ruling is overturned. COUNCILMEMBER BUCKSHNIS CALLED THE QUESTION. UPON ROLL CALL, CALL THE QUESTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, TIBBOTT, PAINE AND L. JOHNSON VOTING NO. Councilmember L. Johnson reiterated this was not done as a surprise, it was done in response to federal a actions, the news, and calls from community. It was done as quickly and thoroughly as possible, it was a shared with council and with the public. This is something that so many people are terrified of and they N are looking for their leaders to respond and this is a response. She believed the council owed it to the N community to show that it was important enough to start the discussion tonight, even if it was not finished to tonight, so they can be reassured that people are fighting for this locally. w c UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS CHEN, PAINE AND E L. JOHNSON VOTING YES; COUNCILMEMBERS K. JOHNSON, TIBBOTT, AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING NO. +° Q Mayor Nelson announced agenda item 9.2, Approve Update to Edmonds City Code Chapter 3.36 to Include Impact Fee Waivers for Early Learning Facilities, was pulled from the agenda at staffs request. MAIN MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described the procedures for in -person audience comments. Joan Longstaff, Edmonds, expressed her thanks to Greg Urban, recalling when she opened her real estate brokerage in 1980, the first thing she did was attend a Chamber meeting. At that time, the South County Chamber wanted Edmonds to join them but members of the Edmonds Chamber wanted to retain their special identity. The Chamber has been a very important part of the community and has coordinated Edmonds City Council Draft Minutes June 28, 2022 Page 5 Packet Pg. 39 8.2.a with the City and Snohomish County and a lot of people dedicated a lot of time. The Edmonds Chamber was run by volunteers; she was the third woman president, and operated out of the log cabin which the Hanleys donated to the City. She expressed her appreciation to past and present Chamber members and particularly to Mr. Urban who brought a lot of expertise as the CEO and President. She expressed her thanks to him and his daughter, anticipating she would be President of the United States one day. She expressed her thanks to the council for their involvement in the community, recognizing their jobs were tough. The issue was just brought up is very controversial. She also thanked past mayors whose job was also tough and the memorial cemetery board. Jenna Nand, Edmonds, spoke regarding the resolution in favor of abortion rights, commenting that while resolutions are very symbolic and necessary gestures to signal the values of the City, it could be backed up with concrete action that would communicate to women and people with uteruses within the City as well as terrified young people that they stand with them and have their backs. She suggested providing a list of abortion providers in the area; there are no abortion providers in the City of Edmonds, but an often picketed Planned Parenthood is located in Lynnwood. The City should provide clarification regarding the steps that someone who is being harassed when attempting to access abortion services can take to protect themselves such as whether they are able to call the police and request an escort or civilian volunteer escort. The City should also consider devoting a small portion of its budget to providing things like Plan B coupons, safe sex items in public areas and schools such as condoms, and assisting people without access to healthcare who need help getting birth control, STD testing, etc. These action would help people who are struggling and feeling attacked by the Supreme Court. Next, she recalled last year a group of activists and business members in the community got together to help the unhoused community during the brutal heat wave that killed hundreds in Washington State. She anticipated people were more — prepared this year, but requested a statement on where the City stands on helping people who are under - housed or unhoused and without a safe place to go during the day. For example, she suggested police G officers could carry ice water in their patrol cars for someone in distress. That would communicate to the c community, especially the Highway 99 community where there is a sizeable street population, that the @ City has their back. c L Dan Murphy expressed strong support for the abortion rights resolution. He thanked Councilmembers L. a Johnson and Paine for their leadership in drafting a thoughtful, comprehensive resolution that captures thecm N urgency of the moment, a model for what local governments should be doing. Local government 00 representatives are elected to perform basic functions to keep the city running smoothly. Elected officials o spend much of their day combing through obscure zoning laws, environmental regulations and meeting w with citizens and business owners to ensure the City is equitable and livable. They are also elected to be the collective voice of the community, to stand up for what's right, to speak out even when it's hard and E especially when it's hard. Some say abortion is a national issue and should be left to others to discuss and deal with. He disagreed; state and local leaders are the last firewall for abortion, LGBTQ, privacy and other rights that are constantly under assault by regressive politicians and judges. In Washington, abortion a and privacy rights, medical freedom are not enshrined into the constitution; they are one election cycle away from being extinguished. This is not the time to be silent. As the father to sweet, strong willed twin daughters, he has an obligation to them, to his brilliant wife and to all human beings who value human rights to speak out even when it's hard. As elected officials, the collective voices of this community, the council has the obligation to speak out on this issue. The parliamentary excuses for why the Council is not taking about this today are unacceptable. People are marching in the streets about last week's decision. He asked the council to support the abortion rights resolution when it comes before the council. Lisa Utter thanked Councilmembers Paine and L. Johnson for bringing this resolution forward and encouraged the council to add it to next week's agenda and to act on it. All elected officials swear to uphold the constitution and she hoped they were committed to expanding and protecting human rights which is what this is about. Edmonds City Council Draft Minutes June 28, 2022 Page 6 Packet Pg. 40 8.2.a Tressa Kentner, Edmonds, a longtime, active member of the League of Women Voters, said there are over 150 members in Snohomish County, about 1/3 live in Edmonds. She read from the resolution recently passed by the League of Women Voters National Convention, `Be it resolved that the LWVUS supports the rights of women and those who can get pregnant to self-determination related to and including but not limited to bodily autonomy, privacy with reproductive health and style choice." This issue does not stop at one legislative level. It has to be fought at all levels; it is about female and other people's autonomy, it is about freedom. If freedom does not include the freedom to determine your own bodily choices, there is no freedom at all. Ken Reidy, Edmonds, referred to packet page 669 which contains a reference to a 12.84% leasehold tax. He asked whether the mayor and his staff have collected all required lease excise tax and remitted it to the state. For example, did the mayor and his staff collect this tax for those who used portions of City streets for streateries? The leasehold excise tax is based on market value, not on a square foot fee as indicated on packet page 669. He asked how many times a citizen had to point this out before City officials acted to follow state law. He asked when the comprehensive emergency management plan would be updated and presented to city council for approval and when the new errors in chapter 6.60 of the City code will be fixed. Tonight's packet page 600 displays a definition of right-of-way; this definition stands in contrast to the concept that an easement holder is only entitled to limited use and enjoyment of land possessed by another. Where did the idea come from that the City can issue a special event permit to use property subject to an easement that the City has never used? Mr. Reidy asked whether the City notified all property owners subject to unused City easements of what — 0 City staff is proposing. He urged the council to halt this process and make sure all impacted property owners are made aware of what is going on. For years, he has asked the council to correct the definition G of easement in the City code. He has asked whether City employees are trained to understand a property - owner's right to use unopened rights -of -way, whether they are trained to know that property owners abutting an unopened public right-of-way, a right-of-way that has never been made into an actual street or c alley, do not have any legal recognized right to access their property via that right-of-way. As this is true, a he questioned why anyone would think the City can issue a special event permit to use a right-of-way the a City has never made into an actual street or alley. He urged the council to halt this process and amendcm N tonight's agenda to remove item 9.4. If the council wants to review the special event permit program, he 00 urged them to initiate a policy -making process and if they vote to do so, he recommended tasking the o planning board with it as a first step. w c Mayor Nelson described the procedures for virtual audience comments. E Linda Ferkingstad, Edmonds, thanked Janelle Cass for the tree board report and the volunteers who work with her. To the mayor, councilmember and citizens, she said enjoy the privilege of living in homes a without paying twice for the trees cut for their homes, or the privilege of having no trees or cutting trees without paying for the right to do so just as everyone in the United States has the right to do, unless they own vacant land in Edmonds. The privileged elite running the City have made it clear that only the rich are allowed to build homes in Edmonds, discouraging affordable housing efforts in a high density city, contributing to urban sprawl, denying permits to those needing homes until the City is compensated for the lack of tree canopy caused by 100 years of development, damage that existing homes caused. Only owners of vacant land are required to compensate for the lack of citywide canopy. Edmonds tree ordinance prohibits building in single family zones until it is paid off, taking property rights to every tree on vacant land under protest. Permits are denied for homes and divisions until rights to all trees are relinquished as protected. Owners must record a notice against their property title with the Snohomish County Auditor's Office that every tree is permanently protected. Property rights taken and property Edmonds City Council Draft Minutes June 28, 2022 Page 7 Packet Pg. 41 8.2.a devalued by Edmonds City government, not an incentive program, but a pay -to -play scheme taking and then charging for the rights and value of trees before permitting its zoned use. Ms. Ferkingstad continued, the City has permanently seized rights to all trees on every vacant property and then charges thousands for owners to remove trees and build homes. The cap of $2/square feet of property is arbitrary. The 30% retention code increased tree canopy by 5%. She questioned why they, while retaining over the 30% required, 71 trees on 3 lots, lose all rights to them and pay $107,000 in tree fees just to get their permit. Their neighbor has to pay $64,000 to remove 16 trees to build one home while he is retaining 100 trees. She questioned how many trees councilmembers had on their property and whether they were paying for them. Times are hard, material costs have doubled; what should owners do without so they can pay for the lack of tree canopy that other people's homes caused? Many can no longer afford to build. When land is divided and owners pay to build homes, the City receives 10-20 times in property taxes and tens of thousands in sales tax; it is enough. It is the council's duty to ensure equity for all citizens. Should lawsuits be necessary to force the council to protect property rights and comply with the constitution? Edmonds' tree ordinance is an act of regulatory and monetary taking of private property for public benefit. [no name given] said she just became aware of a resolution Councilmembers L. Johnson and Paine proposed to the council. Several community members who were angered over an article that was posted notified her of the resolution regarding maintaining reproductive rights and abortion rights. The State of Washington has no intent to change women's access to choose, therefore there is no need for the resolution. The alarm bells set off by Councilmembers Paine and L. Johnson are nothing more than, and to quote Carolyn Strong at a previous council meeting, they are "shenanigans." She has been told there is more in the resolution that has nothing to do with reproductive and abortion rights. It is not okay for councilmembers to publish an article that other councilmember are unaware of. It is not up to Councilmember L. Johnson to codify anything that the Edmonds community members have not thoroughly vetted. She reiterated Washington, Oregon and California have agreed to maintain women's rights to choose, regardless of whether others agree. She urged the council not to use this issue to incite their base. To Dan Murphy's comment, she said the only regressive politicians she was aware of were the ones who have overturned laws for criminals to commit crimes that plague the community and continue to reoffend and cost the taxpayers money when they are caught and released. Natalie Seitz, Edmonds, read comments previously provided to the council regarding the most recent versions of the PROS Plan. She requested the council remove the PROS Plan from the consent agenda to make the changes she submitted to council. She strongly opposed the process council used to draft and insert chapter 9 action plan. The executive summary page 8 states the PROS Plan maintains support for the expansion of the marsh. The expansion of the marsh was not identified in 2016; therefore, it is inaccurate to identify that support for acquisition of the Unocal property is maintained so that sentence should be revised. Page 2, the planning process identifies that "community members expressed their interest through surveys, public meetings, stakeholder discussions, online outreach, tabling and direct outreach at planning board meetings." This is an incomplete list of how the public influenced the process and she requested the sentence be revised to include the council process which significantly impacted the plan outcomes. Page 2, the planning process identifies that the actions are based on community input, inventory of assets and service levels. This is inaccurate because there are significant legacy projects in the CFP and CIP that are not the result of the 2022 PROS planning process. It should be revised to include an additional bullet that identifies legacy projects that were not removed based on the 2022 planning process. Ms. Seitz continued, page 3, the department's mission should be revised to inclusive of all those who reside within Edmonds. The full rights of federal citizenship are not convened until age 35 and the local rights of citizenship are not fully conveyed until 21. Using the term citizen disenfranchises younger Edmonds City Council Draft Minutes June 28, 2022 Page 8 Packet Pg. 42 8.2.a residents as well as immigrants and groups who have been citizens for significant periods of time, but who have had their rights of citizenship repeatedly denied. The mission should be revised to provide Edmonds residents with a balanced system of open space, parks, recreation and cultural arts to ensure a healthy and active quality of life. Page 4, the topic sentence under equity, inclusivity and accessibility should be revised. The City is responsible to provide services to all its residents; the City's responsibility should be identified with definitive rather than aspirational statements, therefore maintaining and enhancing social equity across recreational opportunity and facilities is, not should be, a core function of municipal park and recreation systems. Page 15, community engagement identifies that outreach is provided through the Edmonds City website with plan information and feedback opportunities. However, the City's plan website was not utilized for the most recent council changes to solicit feedback from residents. She requested immediate action be taken to have a process consistent with what is identified in the plan or identify the council process as contributing to the community engagement. Page 15, community engagement, significant changes as identified in the June 7' meeting packet have occurred due to council input identified as based on feedback from members of the public. This feedback and engagement process is not identified in the community engagement section. The section should be revised to include mention of the council process and make that feedback part of the public record. Her comments next week will pick up on page 17. Dee [no last name given] said the topic of abortion should not be on a city council agenda. It is big government business, not something the Edmonds city council should spend time on. Washington state laws are pretty firm and abortion is pretty well entwined in the state's laws and it would be pretty hard to undo with one swoop. There is no cause for concern in Washington. This is Councilmember Paine's response to prayer; the Supreme Court rules in favor of former Bremerton High School Joe Kennedy in — praying case; perhaps that should be on an agenda, God is legal in 2022. As Councilmember Paine said, these are the facts of an adult and leadership with a student means the power and balance is in full force. G U Dee found this ironic with what is going on in government schools and the new curriculum. With regard c to housing, she quoted Councilmember Paine, a reminder about inclusionary zoning and the rhetoric used @ to uphold it. When citizens speak, it is just rhetoric to Councilmember Paine; when citizens do not want c something, their voices don't count to Councilmember Paine, it is just rhetoric. Zoning is a choice as are a the reasons for choosing it. Ignorance is also a choice, apparently Councilmember Paine thinks residents a are stupid. She questioned Councilmember Paine's comment about people being terrified about the U.S.cm N Supreme Court's decision, pointing out people aren't terrified, it will continue to be legal in Washington 00 State. She relayed in a pregnant woman, the baby's cells migrate into the mother's bloodstream, fetal o maternal microchimerism, a permanent imprint o the mother's tissue, bones, brain and skin even if the w pregnancy doesn't go full term. Even if a woman has an abortion, the baby is still with them. The baby's cells will run to the woman's heart if there is a problem or other illness to try to save the mother. E Shouldn't the babies be saved to? Ignorance is having sexual intercourse between a man and a woman, people know how to use protection and should check it twice. If someone makes a mistake, they can obtain the next day pill. She summarized this does not belong on the council's agenda; it belongs to a vote a of the people. Celina Baliton, Edmonds, thanked the parks department, planning board and city council for an improved PROS Plan which is being considered for approval tonight. She particularly recognized Council President Olson for providing a summary of public feedback that informed chapter 9, capital planning and implementation, which is very helpful to the plan. While there are many recommendations to commend, she was particularly grateful to see capital planning and implementation recommendation 2, item 3, related to exploring the feasibility and potential cost of acquiring Southwest County Park from Snohomish County and looked forward to seeing a timeline and plan for this consideration. She also applauded recommendation 1, acquisitions to fill park system gaps, like supporting creation of neighborhood parks in underserved areas as well as expanding partnerships and agreements with nearby Edmonds City Council Draft Minutes June 28, 2022 Page 9 Packet Pg. 43 8.2.a jurisdictions to improve public access and opportunity for non -city owned assets. She thanked the council for a concerted effort and the work of all the parties that created the revised PROS Plan. 7. APPROVAL OF THE CONSENT AGENDA ITEMS Councilmember Buckshnis requested item 7.4, 2022 Parks, Recreation & Open Space (Pros) Plan Approval, be removed from the consent agenda so she can vote no. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. THE AGENDA ITEMS APPROVED ARE AS FOLLOWS: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 21, 2022 2. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 21, 2022 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 5. APPROVAL OF LOCAL AGENCY CONSULTANT AGREEMENT WITH TRANSPO FOR THE SR-104 ADAPTIVE SYSTEM FROM 236TH ST SW TO 226TH ST SW 6. RESOLUTION COMMENDING GREG URBAN 7. ORDINANCE AMENDING ECC 1.05.010 REGARDING REMOTE PARTICIPATION BY BOARD AND COMMISSION MEMBERS ITEMS REMOVED FROM CONSENT 4. 2022 PARKS, RECREATION & OPEN SPACE (PROS) PLAN APPROVAL Councilmember Buckshnis commented there was a lot of controversy with the process The revisions a resulted in a much improved plan and she complimented the administration and consultant for their a efforts. She believed the survey did not address environmental issues such as salmon recovery, N watersheds, etc. so she will vote no on approval of the plan. 00 N O O COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO w APPROVE 2022 PARKS, RECREATION & OPEN SPACE (PROS) PLAN. m E UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT, AND PAINE AND COUNCIL PRESIDENT OLSON VOTING YES;° COUNCILMEMBERS BUCKSHNIS AND L. JOHNSON VOTING NO. Q 8. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FROM WUHIB ABEBE 2. OUTSIDE BOARDS AND COMMITTEE REPORTS 3. WRITTEN PUBLIC COMMENTS 9. COUNCIL BUSINESS 1. RESOLUTION TO ACCEPT DONATION - ESTATE OF JOHN GOFFETTE Edmonds City Council Draft Minutes June 28, 2022 Page 10 Packet Pg. 44 8.2.a Parks, Recreation, Cultural Arts & Human Services Director Angie Feser commented it was her great pleasure and privilege to share with the council and the Edmonds community a most generous donation from the estate of Jack and Pat Goffette for the amount of $2,884,615.38. Jack and Pat, married for 48 years, started NW Homes, building speculative and then custom homes in the Edmonds area. Their company then became Northwood Contractors Corporation which eventually began building and developing commercial building and properties in the area. She read a statement from the estate attorney, "Jack Goffette and Pat Goffette both loved Edmonds. They built many homes in the Emerald Hills area in the 1970s and because of their success with Northwood Homes, they considered Edmonds the place where their business began and therefore wanted to give back to the City." When Pat Goffette passed away in early 2019, her obituary stated in lieu of flowers to make a donation in her name to the City of Edmonds' flower program. Ms. Feser noted the Goffette's donation is conditioned that the money is to be used for hanging baskets, street corner flower planting and maintenance. By accepting this donation, the City will, to the extent reasonably feasible, use the donation in a manner consistent with the donors' expressed preference. The City has also been informed of future additional donations as estate assets are sold. Although the estate attorneys are unable to provide an exact amount, it has been communicated the remaining amount is considerable. Tonight, staff is asking to wait until the 2023 budget process later this year to provide a strategic proposal to best utilize the total donation once the final amount is known. Staff recommends council approve the corresponding resolution to accept the donation as stated in ECC 3.45.030. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE RESOLUTION TO ACCEPT A DONATION FROM THE ESTATE OF JOHN A. GOFFETTE FOR THE AMOUNT OF $2,884,615.38 AND THEREBY AUTHORIZING THE MAYOR TO SIGN THE RESOLUTION. Council President Olson commented the community has been overdue for some good news; this is ° incredibly sweet and will provide value to the entire community. She was hopeful the flower program > could be expanded to other areas of town, maybe not directly with this donation if that is not compliant ° n with the donors' wishes, but possibly using some of the existing funding in other locations. She expressed ° her appreciation to the friends and family of John and Pat Goffette. g N N Councilmember Paine commented this was a beautify bequest, coming out of the clear blue sky although N it was her understanding the discussion has been occurring for nearly a year. Recognizing that there were w generous people in Edmonds, she thanked the family for the donation which will boost the beautification program in lasting ways and will reflect the beauty of Edmonds. She thanked everyone who have been E working on this large gift to Edmonds. ° Councilmember Buckshnis commented this was phenomenon news. She asked how staff will ensure this a is administered correctly and how it will be determined whether expanding the flower baskets and corner beds in other areas of City would be allowed. City Attorney Jeff Taraday answered it is the City's intent to spend the money in a manner consistent with the bequest. To the extent the council wanted a periodic report regarding how that was being done, that could be done. Councilmember Buckshnis asked whether a policy needed to be developed. She questioned whether the donation could fund flower baskets and flower beds on Highway 99, the poles, etc. as the bequest is pretty vague. She recalled the adopt a flower basket/corner garden program was an initiative by Jack Bevan and Natalie Shippen. Mr. Taraday answered other than it had to be used in Edmonds, the bequest was not geographically limited to a particular neighborhood within the City. Councilmember Buckshnis commented the council will wait for budget process, recalling a cemetery bequeath changed after a number of years so she wanted to be consistent with what the will states. Edmonds City Council Draft Minutes June 28, 2022 Page 11 Packet Pg. 45 8.2.a Councilmember L. Johnson commented this is an incredibly generous donation and it was a delightful surprise to have this in the council packet. This was set up in way that will be meaningful and honor the passions of Goffette's. She expressed her gratitude for their generosity. Councilmember K. Johnson expressed her gratitude for the generosity of this donation which can be used to beautify Edmonds. The Goffettes recognized Edmonds' beauty and wanted to contribute to that in the future. She recalled talking with a constituent who bemoaned the fact that the flower baskets at Five Corners were removed when the roundabout was constructed and suggested consideration be given to placing flower baskets in the Five Corners area. Councilmember Chen expressed his appreciation for this incredibly generous donation from the Goffette family. He asked if consideration had been given to an appropriate way to honor the donor. Ms. Feser answered a way to honor the family and their generous contribution will be part of the proposal during the budget process. She agreed it would be important to recognize the Goffettes for their generosity for the beautification of Edmonds. Councilmember Tibbott echoed council's gratitude and what the donation will mean for the City for many generations. He was very thankful for the gift. MOTION CARRIED UNANIMOUSLY. 2. APPROVE UPDATE TO EDMONDS CITY CODE CHAPTER 3.36 TO INCLUDE IMPACT FEE WAIVERS FOR EARLY LEARNING FACILITIES This item was removed from the agenda. 3. PLN2022-0009 REZONE 9516 & 9530 EDMONDS WAY Acting Planning Manager Kernen Lien introduced Associate Planner Michele Szafran. He explained a site n specific is a quasi-judicial council decision and is subject to the Appearance of Fairness Act. The mayor g has a script he will follow during the close record review. N N Mayor Nelson announced the closed -record hearing on the Planning Board's recommendation to approve N a rezone for two parcels from RM-1.5 to RM-EW at 9516 and 9530 Edmonds Way (File Number: w PLN2022-0009) is now open. The closed -record hearing will proceed in an orderly fashion and he asked for the council's cooperation in following the procedure he was about to describe: a. An open -record public hearing has already been held before the Planning Board. This hearing is a closed -record hearing, which means we will be limiting our consideration to review of the record created before the Planning Board. Only those who participated in the Planning Board hearing a will be given an opportunity to be heard during this evening's closed -record hearing. b. If you participated in the open -record hearing and would like to speak again this evening, you may not introduce new facts that were not presented to the planning board. c. When you address the Council, begin by stating your name and address. lease speak slowly, clearly, and into the microphone so that we have a clear record of the hearing. Only one person will be allowed to speak at a time. The city council will be acting in a quasi-judicial capacity on this agenda item. In other words, for this particular item, the councilmembers will be acting like judges, not like legislators. Because councilmembers will be acting like judges, this hearing must be fair in form and substance as well as appearance. In order to ensure that the hearing both is fair and appears to be fair, Mayor Nelson asked all members of the city council to make certain disclosures, if applicable, in response to a series of questions: Edmonds City Council Draft Minutes June 28, 2022 Page 12 Packet Pg. 46 1. Do any of the councilmembers have an interest in this property or issue? All councilmembers responded no. 2. Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? All councilmembers responded no. 3. Can you hear and consider this in a fair and objective manner? All councilmembers responded yes. 4. Has any member of the council engaged in communication outside this hearing with opponents or proponents on the issue to be heard? All councilmembers responded no. 5. Will any councilmember be recusing themselves from participating on this issue for any reason. If so, the recusing councilmember should state his/her reasons for recusal. All councilmember responded no. Mayor Nelson asked ask if anyone in the audience objected to his participation as chair of this meeting or to any other councilmember's participation in these proceedings. There where no objections voiced. Ms. Szafran presented the staff report: • Vicinity M_gap��1� °' v y TIif9 vra, , 'ICU Qa ._a � 27J21 .asm x W" - 7Z 2-1515W 228TN ST SW e : g101 ]190Y .^uR� PL_ N� r tl It:�t' p 77801 � 1= d I1cG] v)71 BP Eb MON0S WAY }301• �t!031 ry MINRS : Site Context o The request applies to two parcels which both front on Edmonds Way o In 2007 Ordinance 3627 established the Edmonds Way designation. o Site has remained undeveloped Rezone Review Criteria ECDC 20.40.010 o The Planning Board review considered the following factors in reviewing the proposed rezone: ■ Comprehensive Plan - Comprehensive Plan Designation • Edmonds Way Corridor - Compatible Zoning • RM-EW is a compatible zoning designation - Not more intensive, no change to: • Density • Allowed Uses Setbacks • Lot Coverage - A rezone from RM-EW would be consistent with the Comp Plan. ■ Zoning Ordinance - Two zoning purposes Edmonds City Council Draft Minutes June 28, 2022 Page 13 Packet Pg. 47 8.2.a "to assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan." (ECDC 16.00.010.A) • "To reserve and regulate areas for a variety of housing types, and a range of greater densities than are available in the single-family residential zones, while still maintaining a residential environment." (ECDC 16.30.000.A) - Property is in the Edmonds Way Corridor - A rezone to RM-EW does not change the densities but would allow for an increased height from 30 to 35 feet for buildings fronting Edmonds Way with at least 2 of the following being incorporated into the building and/or site design; • LEED or Green certification • Low impact development • Inclusion of affordable housing (must be at least 15% of the gross number of units proposed - The rezone appears to be consistent with the purposes of the zoning ordinance and would be consistent with the comp plan while helping to achieve a variety of housing types Surrounding Area - West of site is developed with a PUD substation. - Properties east developed with mix of MF & SF, could develop to MF with current RM zone. - Residential south (approx. 26'change in elevation) Changes - Westgate Mixed Use zone established in 2015 - North side of Edmonds Way rezoned to BC-EW - A rezone from RM-1.5 to RM- EW would require at least 2 conditions built into the design • LEED or Green certification • Low impact development Q • Inclusion of affordable housingcm N - Consistent with the City's policies and intent for the Edmonds Way Corridor. 00 Suitability o - Given the proximity to Edmonds Way and the elevation change of the RS zoned w properties from Edmonds Way, the requested rezone to RM-EW appears to be a suitable zone for the subject property. E - No change to density, lot coverage, setbacks or allowed uses - RM-EW would allow for the developer to opt for an increased building height for any building fronting on Edmonds Way with at least 2 of the following: a • LEED or Green certification • Low Impact Development Techniques • Inclusion of Affordable Housing Value - It is not likely that the rezone will decrease value to property owners - The rezone would allow the developer to opt for a height increase from 30 feet to 35 feet at the expense of the optional requirements. - The public gains in sustainability and/or affordable housing should the developer opt for the height increase. - Public health, safety and welfare will not be adversely impacted by rezoning the property to RM-EW. • Building setbacks are intended to minimize impacts to adjacent properties. Edmonds City Council Draft Minutes June 28, 2022 Page 14 Packet Pg. 48 • Development regulations also help protect the public health, safety, and welfare. Conclusions and Recommendation o Rezone is consistent with ECDC 20.40.010 o The rezone would allow the option for a height increase from 30 to 35 feet for any building fronting on Edmonds Way provided that sustainability, low impact development and/or inclusion of affordable housing are provided. o Design standards and development regulations will ensure that public health, safety, and welfare are protected. o The planning board forwarded a recommendation to city council to approve the rezone from RM 1.5 to RM-EW Mayor Nelson advised the applicant would now have an opportunity to address the council. Applicant Matt Driscoll, Seattle, architect, said Ms. Szafran reviewed all the items for consideration. He reiterated the rezone would not change any of zoning constraints other than allow a greater height with a sustainable development, low impact development or affordable housing which will be beneficial to the City. Mayor Nelson opened the floor for comments from anyone else who participated in the open -record hearing. Each person will be given an opportunity to address the council for an initial period not to exceed five minutes. He requested councilmembers hold their questions of the public until everyone is done. Parties of Record — Shaun Leiser, Shoreline, said he grew up in Edmonds so it is an important part of his community. He 3 and Jake Lyon are co -applicants in this rezone. He pointed out items that were already discussed by Mr. G U Driscoll and Ms. Szafran as well as in the planning board hearing. This rezone is allowed by code. There c is no change to the density and it was unanimously approved by the planning board. It fills a much needed void in multifamily housing close to the downtown core as SR-104 leads to downtown. The property is c situated in an area with good walkability which encourages more density. The property has a large grade a difference between neighboring properties in adjacent zones which buffers the zoning difference. He was a happy to have this heard by the council tonight and looked forward to positive comments and to developing something that will be good for the Edmonds community. N to 0 Jake Lyon, co -applicant, said he has lived in Edmonds or Woodway all his life and loves the City and its w beauty; their offices are currently located in Edmonds. He reiterated the project is consistent with the c comprehensive plan. It is important to provide a variety of housing options in Edmonds to be inclusive of E all residents or potential residents. There will be no change to the density, allowed uses, setbacks or lot coverage. Other nearby properties in different zones are at a higher elevation and will not be adversely impacted. They will be granted the additional height if they incorporate either built sustainable, low a impact development, or affordable housing options. He appreciated the council for taking the time to consider the rezone and asked for a favorable decision. Mayor Nelson advised councilmembers may ask clarifying questions of the parties of record, but may not ask for information outside of the record. Councilmember Paine commented this is the first closed -record hearing she has participated in so she hoped her questions were not out of line. She asked if RM-EW was similar or how was it dissimilar to the Westgate mixed use (WMU) zoning. Mr. Lien answered the RM zones subject to the rezone are multifamily zones. The WMU zone is mixed use which allows commercial developments and residential only. Apart from a conditional use permit, commercial development is not allowed in the RM zones. The WMU zone is somewhat of a form based code which is not applied to the RM zones. Edmonds City Council Draft Minutes June 28, 2022 Page 15 Packet Pg. 49 8.2.a Councilmember Paine observed additional height could be added if two of the three consideration were included. She asked if that was above and beyond 35 feet or up to 35 feet. Ms. Szafran answered the maximum height would be 35 feet if at least 2 of the 3 conditions were included. Mayor Nelson clarified this was an opportunity for questions of the parties of record and the applicant. There will be an opportunity to ask staff questions after the hearing is closed. Councilmember L. Johnson observed the materials contain conflicting information. The cover sheets says the height is going from 30 to 35 feet, but the packet contains multiple references regarding increasing from 25 to 35 feet. She asked for clarification regarding the starting point. Mr. Driscoll answered the basic height is 25 and development is allowed go to 30 feet with a pitched roof and then from 30 to 35 if 2 of the 3 conditions are met. Councilmember K. Johnson inquired about the surrounding zoning. Mr. Driscoll answered the zoning to the east and west is RM 1.5, to the south is single family residential. Councilmember K. Johnson asked about the zoning along SR-104. Mr. Driscoll answered it is RM 1.5; 2 parcels along SR-104 have been rezoned from BC-EW to RM-EW; the majority of the property is still zoned RM 1.5. Councilmember K. Johnson observed the proposal is to change the zoning of 2 parcels in a contiguous RM 1.5 zone. Mr. Driscoll answered yes. Councilmember K. Johnson referred to statements that the rezone would not change the density. She envisioned the density would change if the building was changed from two stories to three. Mr. Driscoll responded the base density is 1 unit per 1500 square feet of land area regardless of the number of stories. Buildings could be 2 stories or 3 stories within the base 25 feet but with 3 stories, part of the lower level would be buried. It does not change the residential density. Councilmember K. Johnson anticipated three stories would result in more units. Mr. Driscoll answered c the same number of units are allowed under RM 1.5 and RM-EW, 1 unit per 1500 square feet of land area a regardless of the number of stories. Councilmember K. Johnson found that very interesting, stating she Q did not know that. She asked the value to the developer of an additional story. Mr. Lyon answered there N cm would not be any additional housing units, but it would allow the plate between the floors to be increased 00 so instead of making the floor to ceiling height less or burying part of the building, they can construct a o more comfortable, more desirable living area with higher floor to ceiling heights. w c Councilmember K. Johnson asked how they would achieve affordable housing, whether it would be via m E the multifamily tax exemption (MFTE) or other mechanism. Mr. Lyon answered he was not familiar enough with the three conditions to make a decision which options they will use and he was unsure how the affordable housing option was calculated. a Councilmember Buckshnis observed they did not know yet whether they would use MFTE. Mr. Lyon answered that had not been decided. Councilmember Buckshnis observed another of the options is low impact development techniques which are related to stormwater. She asked if they had decided if they would utilize low impact development techniques such as rain gardens, permeable pavement, roof downspouts, etc. Mr. Lyon answered they have not determined which 2 of the 3 options they would select for this project. Councilmember Chen said he gets excited when he hears about affordable housing. He asked their definition of affordable housing, what the monthly rent for a one bedroom apartment would be. Mr. Lyon said that may be a better question for staff, but he believed if that option was selected, how the rates are calculated is fairly prescribed. Councilmember Chen said he was not asking about the market value, but Edmonds City Council Draft Minutes June 28, 2022 Page 16 Packet Pg. 50 the rent for an affordable housing unit. Mr. Lyon recalled that was prescribed in the code. Mr. Driscoll said he had not looked at Snohomish County, but in King County it is based on a percentage of the median income. Councilmember Chen said he was aware of the definition of affordable housing, but was curious whether in reality it would be affordable or not. Mr. Leiser answered this process is to determine the zoning and then after zoning is determined, it will be up to them as developers working with City staff, to determine which two of the three options they will select for developing the project. Tonight's discussion is related to zoning of the property, not which options they will choose. Mayor Nelson provided an opportunity to object to new evidence. Mr. Taraday clarified this was an opportunity for any party of record to make an objection if they felt something was asked about during the Q&A or if a statement was offered that was not part of the open -record portion of hearing. Mayor Nelson asked if there were any objections from the parties of record. No objections were voiced. Mayor Nelson closed the public hearing portion and advised the council may ask questions of staff, deliberate, and take action. Councilmember L. Johnson observed this question was asked on page 595 but she was still confused about the difference between 25 feet and 30 feet or roof pitch and how this would allow 35 feet. She found it confusing that staff referred to an increase from 25 to 35 feet when it seems the agenda memo states it is really from 30 to 35 feet. Mr. Lien displayed section 16.30.030 site development standards where the maximum height for both the RM 1.5 and RM-EW have footnotes. RM 1.5 is Footnote 1 which allows up to 30 feet with a 4:12 roof pitch. RM-EW can go up to 35 feet if 2 of the 3 criteria are met, LEED gold, affordable housing or low impact development. The real difference is 30 to 35 feet. Councilmember L. Johnson asked if it was written that way in the staff report; the difference between 25 and 35 feet meant a certain pitch was required and that is considered the starting point for the report, but the ask is a 5 foot increase. Ms. Szafran answered that was correct. Council President Olson said she had the same question about units and density. It is now clear there is no a change in density; the same number of units could be constructed based on the footprint. It was unclear in N cm the presentation due to the perception that there would be an additional floor. Ms. Szafran referred to 00 16.30.030 site development standards and the minimum lot area per dwelling units which is the same for o RM 1.5 and RM-EW, both are 1 dwelling unit per 1500 square feet of lot area. Council President Olson w summarized even if a floor was added, there would not be additional units. m E Council President Olson said for the sake of confirming she got it right and also so the public knows, in reading all of this, it took time to understand the rezone was for all the Edmonds Way, but it has to be requested parcel by parcel the way these applicants have done to get it changed. Mr. Lien answered this is a a site specific rezone just for these two parcels. If other properties along Edmonds Way want this zoning, they would need to apply for a site specific rezone or alternatively, the City could do an area -wide rezone to apply the RM-EW to all the multifamily properties along Edmonds Way. Council President Olson relayed it sounded like it applied to all of Edmonds Way but apparently that is not the case; there still needed to be a parcel by parcel application process. Mr. Lien explained the RM- EW is identified as a compatible zone for the Edmonds Way Corridor comprehensive plan designation. In the comprehensive plan, there is a table that lists compatible zones; the RM-EW zone is a compatible zone for the Edmonds Way Corridor. Edmonds City Council Draft Minutes June 28, 2022 Page 17 Packet Pg. 51 8.2.a Council President Olson observed the elevation of the nearby properties was a factor for her in making it feel like it fit as was the vegetation buffer which they have an incentive based on the tree code to keep. She noted the packet was very complete. Councilmember Tibbott inquired about the setbacks to the south, observing it was 15 feet on the chart. He asked the total setback in relation to the bank between this property and the properties at the top of the hill in the residential area. Ms. Szafran answered 15 feet is the standard minimum rear setback for RM 1.5 and RM-EW. Councilmember Tibbott asked if that took into account the slope to the south. Ms. Szafran answered if they build within 50 feet of the slope, a geotech report would be required to address building within proximity to a steep slope. They would still need to maintain the zoning setback. Councilmember Tibbott observed the top of the slope to the south is 25 feet and the height of the proposed building is 35 feet. Ms. Szafran displayed the site plan, pointing out the 2-foot contours which show how steep the property is on the south. In the rear, there is about a 26 foot change in elevation where the residential area is located. Councilmember Tibbott concluded the top of the building at 35 feet would be approximately 10 feet above the top of the slope. Ms. Szafran answered that would probably be an accurate assessment. Councilmember Buckshnis said she was trying to visualize this as it was 25+5 feet in the RM 1.5 zone and now was going up to 35 feet. She referred to the Compass project that included two apartment buildings next to each other, one that was a block building and other had a modulated roof. She asked if the project that allowed the block building was a spot rezone. Mr. Lien was unclear what project she was referring to. Councilmember Buckshnis explained it was two buildings on Edmonds Way where one is a gray block building and the other building next to it is a different design. Mr. Lien answered that development was located in two different zones, BC-EW and RM-EW. The EW zones were changed slightly after that development was permitted, setbacks and the criteria for extra height were changed. The design standards that would apply to this site are just the general design standards in 20.11 Councilmember Buckshnis observed the gray cement building on Edmonds Way would be similar to a what could be constructed on this site, a flat roof and 35 feet tall. Mr. Lien reiterated changes were made a to the RM-EW zone after that was constructed. There were no changes to the design standards; thecm N general design standards applied to that building and would apply to this building. Councilmember 00 Buckshnis asked if the setbacks changed. Mr. Lien answered yes. o w Councilmember K. Johnson clarified under RM 1.5, the height is 25 feet plus 5 feet for roof modulation. Mr. Lien answered the additional 5 feet is allowed for a 4:12 roof pitch. Councilmember K. Johnson E observed under the proposed rezone, the building would be 35 feet with no roof modulation, essentially a flat roof. Mr. Lien answered it could end up with flat roof but to achieve 35 feet, 2 of 3 conditions would need to be included, LEED Gold certification, inclusion of affordable housing of at least 15% of the gross a proposed units, or employ low impact development techniques on the site. Councilmember K. Johnson asked how many units of affordable housing this development would create at 15%. Mr. Lien answered he had not done the calculation on the property related to the number of units. Councilmember K. Johnson observed 15% would not be a large number. Mr. Lien answered 15% is calculated on the gross units in the development; depending on the number units, 15% would have to be low income if they chose that option to achieve the bonus height. Councilmember K. Johnson asked if he could estimate the number of units. Mr. Lien estimated 47,463 square feet of lot area for the two parcels, maximum density that could be achieve would be 30 units between the 2 parcels, and 15% would be 4.5 — 5 units. Edmonds City Council Draft Minutes June 28, 2022 Page 18 Packet Pg. 52 8.2.a Councilmember K. Johnson said in her experience with the first MFTE Westgate project near Bartell, the below market rate units were smaller, studio apartments versus 1-2 bedroom. Mr. Lien answered there was a mix of apartments, they were not all studios. He clarify the MFTE would not apply to this property; it only applies to WMU or CG zones. Councilmember K. Johnson referred to the affordability of these units. If the density is the same regardless of whether the zoning is RM 1.5 or RM-EW, there would be more smaller units at RM 1.5 which would result in more affordable apartments in her opinion. If the council approves a rezone to RM- EW, the apartments will be larger and less affordable. Mr. Lien said there is no development to review, this is only the rezone so he was unable to comment on the size of units that may or not be built; that was not part of review. Councilmember K. Johnson said conceptually the rezone would result in the same density so she would imagine the results of the new zoning. Ms. Szafran advised the developer only has to select two of the three conditions. It seems premature to get into the actual proposal because what options they will select is unknown. Affordable housing is one option; other options are LEED certification and low impact development. Councilmember Buckshnis commented a minimum of 20 units is required to qualify for MFTE. She asked how 15% was selected versus 20% or 25%. Ms. Szafran answered that is a footnote in the code and was mentioned in the report. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ACCEPT THE PLANNING BOARD'S RECOMMENDATION TO APPROVE THE REZONE AND DIRECT STAFF AND THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR A FUTURE CONSENT AGENDA. Councilmember Buckshnis asked whether a traffic study would be done as part of this development. Ms. Szafran answered that will be part of the review process. Councilmember K. Johnson commented Edmonds has a tradition of low development. Throughout the n City, a single family home must be within a certain elevation. There was discussion for many years about the zoning impacts in downtown Edmonds and the council decided on 25+5 for a 30 foot height so there a would be modulation and a variety of heights. She did not support the rezone for the following reasons, 1) N the surrounding area is zoned RM 1.5. Rezoning the entire area may make sense but she did not support N rezoning these two sites, 2) it will not be as attractive as the underling zoning, and 3) it will not create w more units. She did not see any reason to support a change in the zoning at this time. m Councilmember Paine said the site specific zoning change is ideal for this neighborhood. The neighborhood has two grocery stores and two drug stores within walking distance, it is on a major bus route, it is the sort of development that one would expect to see with transit oriented development, and it a is not incompatible with the other nearby multifamily housing. She hoped with additional development, the City could request WSDOT reduce the speed limit and hoped the transportation study would also look at that due to the need for pedestrian safety in that area. Other parts of the WMU are on the verge of development and this is the right project in the right area with transit, pedestrian accessibility, restaurants, grocery stores and other amenities. She expressed support for the motion. Councilmember Chen expressed support for the proposal. According to Mr. Lien's calculation, 15% would result in 4.5 units of affordable housing. If it was still workable and profitable for the developer he wondered if the affordable housing percentage could be increased to 20%. He wanted to ensure a win -win situation for the developer as well as the City and would leave the decision about increasing the percentage to 20% up to the developer. Ms. Szafran reminded affordable housing is not a required option; there are three options: LEED certification, low impact development and affordable housing. The developer is required to pick two of the three to achieve the additional height bonus; at this point there is Edmonds City Council Draft Minutes June 28, 2022 Page 19 Packet Pg. 53 8.2.a no proposal so which options they will choose is unknown. The code limits affordable housing to 15% of the gross units. Councilmember L. Johnson expressed support for the motion. As stated earlier, this will help fill the void in multifamily housing. It is on a transit route and is a good, walkable location to many of life's conveniences and necessities. For those reasons, this seems like a development proposal that will benefit Edmonds. Councilmember K. Johnson said she did not support the zoning change, but that did not mean there would not be multifamily. The existing zoning provides access to SR-104, to transit, to the grocery store and to the pharmacy. There is no guarantee that the development would provide affordable housing as that is a choice the developer makes. Looking at how it fits into the corridor, most of the corridor has modulated roofs and most of the buildings are not 35 feet. For those reasons she did not support the rezone coupled with the fact that Edmonds Way to the south was zoned RM 1.5 and this would rezone a segment in the middle which she did not feel was appropriate planning. Councilmember Buckshnis hoped the design standards would result in something better than the gray Compass building that the council got so much grief about from citizens when it was built. The design standards and setbacks have changed since then. She anticipated it would be very visible site due to the height and she was hopeful the developers would be thoughtful with their design. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS CHEN, TIBBOTT, BUCKSHNIS, PAINE AND L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER K. JOHNSON VOTING NO. Mayor Nelson declared a five minute recess. 4. SPECIAL EVENT PERMITS AND AMENDMENTS TO ECC TITLE 4 LICENSES City Clerk Scott Passey commented this has been brought to the council a few times. The reason staff is g proposing a special events permit code is primarily to clarify the special events permit process and what it entails so there is a clear, predictable and consistent process. The ordinance in the packet largely mirrors cm the current permit protocols and serves to memorialize them in the City Code. The ordinance is also N updated to remove outdated information and codes that no longer apply in the 2 1 " century. The ordinance w was a major effort, touched by virtually all departments that have a role in the permitting including emergency services. They all agreed it was comprehensive in scope and covered all the bases. Mr. Passey also recommended adding a permit fee to the City fee schedule to be consistent with the policy of covering costs associated with reviewing and issuing City permits. The proposed fee is $50 for a small events (less than 100 people) and $125 for major events (more than 100 people). If the council is interested in waiving any permit fees, perhaps for specific groups such as the Chamber of Commerce, he has draft language that could accomplish that. There is a section that allows waiving of permit fees, but it does not specify particular groups. If the council chooses not to pass the ordinance, staff will continue to process special event permits as they are received according to the current administration process, but will be unable to recoup any permit processing fees. Councilmember Paine thanked staff for their patience. She observed block parties were exempt, noting block parties are held in the street which may create a problem for emergency vehicles. She asked why block parties were exempted, commenting a long block could have up to 100 people including kids and pets. Mr. Passey answered there have been a lot of inquiries about block parties in the past; someone will call to apply for an event and when they describe the scope of event, based on their answers the departments involved determine if a special event permit is needed. It seems nine times out of ten Fire Edmonds City Council Draft Minutes June 28, 2022 Page 20 Packet Pg. 54 8.2.a says they have no problem with the event as long as the road is kept open for emergency vehicles so they either they do not need a permit or their permit is conditioned on keeping the road open. Councilmember Paine observed the road has to stay open for public safety. Mr. Passey assumed if there was a neighborhood block party that exceeded the typical scope, it would either be denied or heavily conditioned. Councilmember Paine commented neighborhoods that are likely to hold a block party have safety in mind. She was glad to get this codified and to have it added to the fee permit schedule. She summarized this was an abundance of work that made the code better. Councilmember K. Johnson suggested adding a waiver for service groups like the Chamber of Commerce, the Rotary or Lions who often have activities that include the streets but it would be to their benefit not to pay the fee. Mr. Passey said most of the Chamber events are not processed through the special event permit, but come to council via a contract. The Chamber does have a handful of events like the Halloween trick or treat, the trolley, etc. that would utilize the special event permit process. Staff anticipated those could either be handled via a contract or they could be exempt from the permit fee. Councilmember K. Johnson recalled the Rotary sponsored Oktoberfest and she applied for special event permit to roll the balls down the hill as a charity event. It would be great if the fee could be waived. Mr. Passey advised that would be a council discussion and decision; he was open to ideas. Councilmember K. Johnson asked if there was language in the ordinance so a waiver was a possibility. Mr. Passey referred to ECC 4.100.090 that states permit fees may be waived in part or in full by the City. It was only anticipated that it would apply to the Chamber because they sponsor many of the events. Language could be added to say permit fees are hereby waived for all special events in which the Edmonds Chamber of Commerce is the applicant/sponsor. Councilmember K. Johnson suggested adding other service organizations so it is not just the Chamber. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO ADD LANGUAGE TO WAIVE FEES FOR SERVICE ORGANIZATIONS. Council President Olson raised a point of order, stating there needed to be a main motion before an a amendment was made. Mr. Passey advised typically there was a motion to pass the ordinance and then N amendments were made. N 00 N to Main Motion w COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO PASS THE ORDINANCE IN THE PACKET RELATED TO THE SPECIAL EVENT PERMIT E CODE UPDATE. t Council President Olson said she has been involved with the lengthy review. She was happy with the a ordinance but planned to make several amendments. Amendment 1 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO ADD LANGUAGE TO WAIVE FEES FOR SERVICE ORGANIZATIONS IN ADDITION TO THE CHAMBER OF COMMERCE FOR EVENTS. Mr. Passey asked who would qualify as a service organization. Councilmember K. Johnson commented there were quite a few active ones in the City, they could be named in the ordinance if that was helpful. Mr. Passey said administrative services serves as a clearing house for special event permits but several departments touch the permits. He did not have subject matter expertise on every nuance of the permitting process and would defer to other departments regarding who is a service organization. Edmonds City Council Draft Minutes June 28, 2022 Page 21 Packet Pg. 55 8.2.a Councilmember Paine said although she liked the idea of a waiver, it may be more effective to allow anyone access to a low cost permit. The review still needs to happen if an event will occupy the right-of- way and the City still incurs costs. COUNCILMEMBER PAINE MOVED TO AMEND TO ESTABLISH A REDUCED PERMIT FEE FOR NONPROFITS. As Councilmember Paine began making the above motion, Councilmember K. Johnson raised a point of order, asking whether it was acceptable to amend an amendment. Mr. Taraday said an amendment to an amendment was appropriate as long as it was generally in the spirit of the first amendment. Amendment 1A COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO HAVE A REDUCED PRICE PERMIT FEE FOR EDMONDS-BASED NONPROFITS. Councilmember Paine commented it was important for the City to recognize the value of time; a reduced price would be helpful for nonprofits and recognize the work being done by the City. Councilmember Tibbott expressed support for the amendment as it adds language regarding what qualifies as a service organization. He supported having nonprofits apply for the waiver. a c Councilmember Buckshnis agreed with Councilmember Paine. She fills out the application for the Halloween Howl which is sponsored by a nonprofit so she knew it required a lot of paperwork and review including parks, police and the clerk. A reduced fee would be great for nonprofits and suggested the c organization specify they are a nonprofit and not a service organization as some service organization do c not qualify as a nonprofit 501(c)(3). She will support the amendment to the amendment. v 0 Council President Olson commented the Chamber is not a 501(c)(3). She asked if she could make an > unrelated motion about a contract for the Halloween event and the holiday tree lighting. Mr. Taraday n advised such a motion would be out of order at this time. Council President Olson reiterated the Chamber a would not qualify for a reduced fee waiver. N N Councilmember K. Johnson asked the amount of a low cost waiver. Councilmember Paine suggested N 50%. Councilmember K. Johnson suggested including that in the motion. Mr. Passey said it did not sound w like the council would get to a final ordinance approval tonight and suggested passing it on the consent agenda to ensure the wording met with council's approval Council President Olson began to make an amendment to add that the reduction was 50% for nonprofits. Mr. Taraday said the council will need to at least vote on the amendment to the amendment first as there a cannot be a tertiary amendment. Action on Amendment 1A AMENDMENT CARRIED UNANIMOUSLY. Amendment 2 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND TO HAVE THE REDUCTION BE 50% FOR NONPROFITS. Action on Amendment 2 AMENDMENT CARRIED UNANIMOUSLY. Mr. Taraday stated the pending amendment is to amend the code to include a 50% reduction for Edmonds -based nonprofits. Edmonds City Council Draft Minutes June 28, 2022 Page 22 Packet Pg. 56 8.2.a Action on Amendment 1 AMENDMENT CARRIED UNANIMOUSLY. Amendment 3 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, IN 4.100.030 GENERAL PROVISIONS APPLICABLE TO ALL SPECIAL EVENTS, CHANGE E TO F AND ADD A NEW E THAT READS "COUNCIL APPROVAL IS REQUIRED FOR ALL SPECIAL EVENTS THAT INVOLVE RIGHT-OF-WAY CLOSURES WHEN THEY ARE RECURRING OR EXCEED 5 DAYS IN LENGTH." Council President Olson commented it is in the public's interest for the council to weigh in on decisions that affect transportation access in the City on a regular basis or for a long period of time. Councilmember Paine asked how five days would be calculated, whether it was five consecutive days, or five days in a month. Council President Olson responded the motion states recurring or exceeded five days in length so either five days at a time or one day at a time if it happens repeatedly. Action on Amendment 3 UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT, AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS PAINE AND COUNCILMEMBER L. JOHNSON VOTING NO. Amendment 4 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE ORDINANCE TO ADD "AND" AFTER THE LAST DRAFTED WHEREAS CLAUSE AND ADD, "WHEREAS THE CITY COUNCIL HAS DETERMINED THAT ADDING COUNCIL APPROVAL TO EXTENDED OR REPEATING CLOSURES OF PUBLIC RIGHTS - OF -WAY IS IN THE PUBLIC'S INTEREST." Action on Amendment 4 a UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, Q CHEN, TIBBOTT, AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES; N cm COUNCILMEMBERS PAINE AND COUNCILMEMBER L. JOHNSON VOTING NO. 00 N to Council President Olson referred to 4.90.020 Activities requiring license, and questioned whether the w section is more restrictive than the council wants it to be. The council and community members were pleased with the Uptown Market, but it would not meet the requirements of this section as it was held on E a Wednesday and in the right-of-way. She asked staff to consider that issue. Mr. Passey said he would need to follow up with staff. As the Uptown Market was organized by former Economic Development/Community Services Director Patrick Doherty, he was unsure how much information was a available. Council President Olson pointed out it was a City sponsored event and would be covered by 4.90.020. According to this section, it would not be permissible, so the section may be more restrictive than the council wants it to be. Mr. Passey offered to research.. Council President Olson referred to 4.52.060 License required which contains a lot about adult entertainment, but no Edmonds prohibitions like proximity to residents, schools, parks or churches. She asked staff to consider that. She recalled the pot shop ordinance had similar restrictions so possibly that language could be included. Mr. Passey recalled Council President Olson asking him about adult entertainment and he forwarded Mr. Lien's response to Council President Olson. Mr. Taraday explained adult entertainment businesses are entitled to significantly greater first amendment protection than pot shops so it may not work to use the same regulation for adult entertainment Edmonds City Council Draft Minutes June 28, 2022 Page 23 Packet Pg. 57 8.2.a businesses. It is not that the City cannot regulate adult entertainment businesses, but it requires careful study to understand the nature of the problem to be addressed and to employ a reasonable time, place and manner restriction to regulate them so the City is not violating the First Amendment. It may not be possible to accomplish that by next week. If the council wants to take that one on, staff could do it although he was unsure where the starting point would be absent a list of things to be addressed in that regard. Mr. Passey read from Mr. Lien's response, sexually oriented businesses are only allowed in the CG zone which is Highway 99. Location and separation requirements are provided in the development code. MR. Lien also provided a map illustrating where sexually oriented business can be located; there are only certain areas in the City where they can exist. Council President Olson said that satisfied that issue. Amendment 5 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND 4.12.055 STREET VENDOR REQUIREMENTS, TO ADD A NEW C THAT READS, "STREET VENDORS ARE SUBJECT TO THE CITY OF EDMONDS LAWS THAT APPLY TO THE BRICK AND MORTAR RESTAURANTS SUCH AS COMPOSABLE PACKAGING REQUIREMENTS AND PLASTIC STRAW AND UTENSIL BANS" AND RE -LETTER ALL THE ITEMS AFTER C. Council President Olson explained she did not want street vendors to have an advantage over the brick and mortar restaurants they compete with. She felt it would be fair to level the playing field and make all the limitations adopted for environmental reasons apply to street vendors as well. Councilmember Paine argued against the proposed amendment, finding the language vague. A brick and mortar restaurant will have many more restrictions compared to street vendors. She suggested street vendors comply with the compostable materials requirement, but having them comply with all rules is unreasonable. Council President Olson said she would accept that as a friendly amendment. Councilmember L. Johnson shared Councilmember Paine's concerns. The vagueness sets it up for a unintended consequences. a Action on Amendment 5 00 N COUNCIL PRESIDENT OLSON WITHDREW THE AMENDMENT WITH THE AGREEMENT o OF THE SECOND. w c Amendment 6 m E COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO SAY STREET VENDORS ARE SUBJECT TO THE COMPOSTABLE AND BAG 2 REQUIREMENTS OF THE CITY OF EDMONDS THAT ARE IN EFFECT. Q Councilmember Paine commented some of the compostable and bag requirements are state rather than City requirements. Council President Olson welcomed an amendment. Amendment 6 Restated COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AMEND, THE COMPOSABLE AND BAG LAWS AS THEY APPLY TO RESTAURANTS. Action on Amendment 6 AMENDMENT CARRIED UNANIMOUSLY. Council President Olson referred to 4.100.020.A Definitions of City sponsored event, pointing out it is the only definition that does not include an example. She thought of Walkable Main Street and was unsure Edmonds City Council Draft Minutes June 28, 2022 Page 24 Packet Pg. 58 8.2.a what else would fit into that category. She suggested adding at least one example to be on par with the other definitions. Amendment 7 COUNCIL PRESIDENT OLSON MOVED TO AMEND TO ADD WALKABLE MAIN STREET AS AN EXAMPLE. MOTION DIED FOR LACK OF A SECOND. Council President Olson asked if the main motion included putting it on the consent agenda. Mr. Passey said it did not, but it will need to be on the consent agenda following staff s review. Amendment 8 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO PUT APPROVAL ON THE CONSENT AGENDA. Action on Amendment 8 MOTION CARRIED UNANIMOUSLY. Mr. Passey pointed out there is an accompanying resolution. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Action on Main Motion MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, ADOPTING A NEW FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES TO ADD FEES RELATED TO THE CITY'S SPECIAL EVENT PERMITS AND PLACE IT ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS N Mayor Nelson thanked Councilmember L. Johnson for her attempt to introduce a resolution to the city N council in support of abortion rights and other reproduction rights and in opposition to the U.S. Supreme c Court's majority decision to overturn Roe v. Wade. There was a missed opportunity tonight, when w electeds have been hearing from residents who are in shock, dismayed and outraged, to voice their concerns and support for them. Tonight some councilmembers said things need to be practically E addressed, don't see a sense of urgency, need to be thoughtful, or wait for July. He did not know what was more urgent than abolishing a constitutional right for every woman. He expressed support for a reproductive freedom and reproductive rights for women and looked forward to doing whatever he can and standing with others who wish to restore those rights. 11. COUNCIL COMMENTS Councilmember L. Johnson thanked Mayor Nelson for his comments. She said many in the community are terrified about the removal of the fundamental right to reproductive privacy and choice and the threat to bodily autonomy for those persons who may become pregnant. Comments that we are safe because we live in Washington State are not accurate. According to an Everett Herald editorial today, Washington State voters approved access to abortion three years before Roe's federal guarantee and offers no assurances that the right will not be threatened in the future depending on both chambers' political makeup. What happens if an Edmonds resident travels out of state and has a medical emergency? Because of this concern and lack of codified guarantee coupled with the council's commitment to speak out Edmonds City Council Draft Minutes June 28, 2022 Page 25 Packet Pg. 59 against discrimination against any residents, she believed the council owed it to the residents to use their collective voice through a resolution. She read the first part of the resolution: A RESOLUTION of the Edmonds City Council in support of abortion rights and other reproductive rights, in opposition to the U.S. Supreme Court majority decision to overturn Roe v. Wade, urging federal and state elected officials to codify abortion rights and other reproductive rights, and supporting Washington State's commitment to protecting reproductive freedom. WHEREAS, from June 24-26th, 2022, millions gathered in cities across the United States, including in Snohomish County, to protest the overturning of the landmark Roe v. Wade decision that has protected the freedom to seek an abortion since 1973; and WHEREAS, the U.S. Supreme Court decided Roe v. Wade by a 7-2 vote in 1973 in recognition of the necessity of constitutionally guaranteed, national right to access abortion services through the education and pressure from the women's liberation movement; and WHEREAS, reproductive freedom — including the right to make one of life's most important decisions — whether or when to have children — is foundational to a person's autonomy, dignity, and ability to participate fully in economic, social, and civic life; and WHEREAS, throughout history, laws banning abortion do not stop them from happening, but instead made them unsafe, leading to pain, suffering, loss of fertility, and even death; WHEREAS, according to reports published by the Guttmacher Institute, before Roe v. Wade, illegal abortions were estimated to range from 200,000 to 1.2 million per year and constituted at least 17 percent of all maternal deaths attributed to pregnancy and childbirth in 1965 alone; WHEREAS, with the legalization of abortion services in the United States, these procedures have led to safer practices and drastically reduced the incidences of maternal deaths and hospitalizations related to abortion services; and N cm WHEREAS, the American Psychological Association states that there is a preponderance of scientific 00 data supporting the conclusion that freedom of choice and a woman's control over her critical life o decisions promotes psychological health; and w c WHEREAS, laws restricting access to abortion disproportionately impact poor, rural, working-class E and persons of color who may not have the resources to cover the doctor fees, travel costs, childcare costs, and lost wages when seeking quality reproductive healthcare, because those who are wealthy have resources to obtain needed abortion care services; and a WHEREAS, the overturning of a long-standing privacy precedent may also be applied to other U.S. Supreme Court settled cases, such as those protecting the right to birth control, which could strip people of the medical means necessary to determine when and whether to have children; Councilmember Paine said she was sorry the council was unable to hear this tonight. Some of the earlier comments were regarding whether this will impact Washington State. She assured it would impact Washington; Planned Parenthood estimates there will be 700% increase in requests for abortions in Washington, another source estimated a 450% increase. Washington does not have that level of service available. It will result in rationing healthcare, necessary abortion care services for women across the country. They will come to Washington, Oregon, and northeastern states; 26 states have trigger laws with Edmonds City Council Draft Minutes June 28, 2022 Page 26 Packet Pg. 60 8.2.a the demise of Roe v. Wade. It is absolutely critical to have good abortion care services and recognize that this is a fundamental human right. Councilmember Paine continued, we fought for human rights for gay couples who wanted to get married and have children without having the state involved. We have come so far and this has taken us so far back. Washington has had over 50 years of solid abortion care access; the entire country needs that same access. Being able to choose when and whether to become a parent improves the entire community's wellbeing and fosters economic security, and provides better access to healthcare and workplace protection for pregnant works. This court decision has hurt everyone and will do the most harm to low income people, people of color, immigrants, people with disabilities, LGBTQ+ people, people who already face substantial barriers accessing reproductive services and healthcare. She read the remainder of the proposed resolution: WHEREAS, overturning Roe v. Wade disregards the human right to bodily autonomy, which could also set a legal precedent used to overturn healthcare and other legal rights for LGBTQ people, while transgender care is already under assault; and WHEREAS, the majority in the U.S. House of Representatives, a majority in the U.S. Senate, and the Presidency have the power to codify access to safe and abundantly available abortion care services and access to reproductive care and services for all people; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDMONDS WASHINGTON THAT: Section 1. The Edmonds City Council is entirely opposed to the U.S. Supreme Court's decision in overturning Roe v. Wade, and the removal of federal protection for accessing reproductive care and services for all people. Section 2. The Edmonds City Council urges federal elected officials to pass legislation codifying the c full right to abortion and other reproductive healthcare nationwide. The Edmonds City Council urges a elected officials in the U.S. House and U.S. Senate to use their full power, not only to vote for such a legislation but also to fight to end the filibuster and use their resources to restore the Roe V. Wade N through federal legislation. oNo N to Section 3. The Edmonds City Council directs copies of this Resolution shall be sent to Governor w Inslee and our State representatives as a means of showing our City's support for: A. The passage of a Washington State Constitutional amendment guaranteeing full access to E abortion care services, and B. Increasing oversight over hospital mergers that have often interfered with the provision of reproductive health services for all people. a C. Washington State's recent letter of Commitment to Reproductive Freedom. Section 4. The Edmonds City Council directs that it is hereby the policy of the City of Edmonds, with the passage of this Resolution that the Edmonds Police Department will not commit any of their police services in the pursuit of any investigations related to those people who are seeking, or providing abortion care or reproductive health care services, as it is not a current public safety priority for our Edmonds community. Section 5. The Edmonds City Council strongly supports the grassroots organizing and movement building required to put social pressure on elected officials and the judiciary to defend against this historic attack on the rights of women, pregnant people, and the LGBTQ community, and encourages Edmonds City Council Draft Minutes June 28, 2022 Page 27 Packet Pg. 61 8.2.a Edmonds residents to continue to support efforts to protect reproductive freedom, through education and advocacy. Councilmember Paine requested the resolution be on the July 5 agenda. It is and issue happening now and she was worried if a statement was not made now, more time would be lost. Council President Olson commented there was a lot in the PROS Plan to be proud of as well as opportunities for improvement. She identified two improvements that she wanted to be sure were incorporated when the plan is updated in six years. First, to post flyers advertising input opportunities at parks and open spaces where the users are. Second, she hoped there would be a good, science based process for identifying, evaluating and prioritizing the open space choices in the next PROS Plan. That is not something that can be crowd sourced; location and access are very important and the potential for the most environment impact is also an important choice and there needs to be a system for doing that well. With regard to the other subject that has been brought up tonight, Council President Olson said as soon as she read the email, she offered the July 5t' agenda so she did not need to be encouraged and asked for that tonight. She was personally shocked, dismayed and outraged over the decision; it was her personal choice to say that and to be on whatever journey she wants to be on personally to deal with what she thinks might need to be done which frankly is a constitutional amendment which people say will never happen. They are wrong, in her opinion that is the way this should be handled and it can be done. However, on the subject of a resolution and what the council says on behalf of the city, she is choosing to be thoughtful, something that she is not apologetic about. It is her duty and responsibility when speaking on behalf of the entire community to ensure what is said is appropriate for the vast majority of the community. She will be thoughtful about representing the community when she votes next week. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO EXTEND 10 MINUTES TO 10:25. MOTION CARRIED (5-2). Councilmember Buckshnis said she was old enough to remember rallying and doing sit-ins in high school n regarding the Roe v Wade issue. She appreciated everyone's anger and trying to push things through and Q to make it sound like we are in a panic mode. The most important thing people can do is contact the N council to provide their opinion. Everyone has an opinion. What happened is catastrophically shocking. cm She will write her federal legislators asking them to expand the Supreme Court. What happened, stepping m back 50 years, is totally irresponsible from a judicial standpoint. Expanding the Supreme Court is the only w option because she did not see things changing. She trusted Council President Olson that the resolution will be on next week's agenda. She planned to be thoughtful and pragmatic and urged people to continue contacting her. She acknowledged the good news that the City received $2.8 million for flower baskets and beautification.° Q Councilmember Chen referred to the Supreme Court's decision, commenting the ruling that overturned Roe v. Wade is an affront to women rights and frankly to human rights. Personally, he has a responsibility to protect his mother, his wife and daughters because women's health is at stake. Many community members know he is a peacemaker and seeks the middle ground on issues, but for this issue, there is no middle ground. Personally, he stands with women's rights and human rights and he hoped the community would stand up with him. Councilmember K. Johnson commented the best thing to come out of tonight's council meeting was the acceptance of over $1 million for the flower basket and beautification program. It will help make Edmonds even more beautiful than it already is and she look forward to expanding flower baskets at Five Corners and a few other areas of the City. Edmonds City Council Draft Minutes June 28, 2022 Page 28 Packet Pg. 62 8.2.a Councilmember Tibbott thanked the council for allowing him to participate remotely. He is currently in Mexico surrounded by 500 year old buildings and cobblestone streets. The resolution caught him by surprise and he was thankful the council did not consider it this evening as it will give everyone a chance to more aware of the issues. From his perspective, the resolution was lacking in a number of areas; he would like to have a Whereas clause added that states the unborn also have rights. It is important to recognize that the number of aborted fetuses over the last 50 years would be in the hundreds of millions. It is also valuable to recognize that many people, include pro -abortion advocates, appreciate the recognition that unborn life matters. He was uncertain if the council would be able to discuss that as part of the meeting. He will be in transit on July 5' and unlikely to participate in the council meeting. Councilmember Tibbott continued, his family is in Mexico visiting his wife's family and taking care of elderly people. He is prolife which includes from womb to tomb. He and his family members are providing care to those who are vulnerable and need protection at the end of their lives, including both parents who are still alive. He stood for all those who value life and would like to see that amplified in the resolution. He also appreciated that the resolution amplifies what the council previously passed with regard to fairness and Edmonds being a safe place for people to live, work and visit. Councilmember Tibbott echoed the gratitude for the gift to the City. He anticipated the beautification program could be extended as a result and that many areas of the City would benefit from this very generous donation to the City. Council President Olson requested the record reflect that Councilmember L. Johnson left during Councilmember Tibbott's comments. He listened with respect to all the other councilmember's comments. 12. ADJOURN With no further business, the council meeting was adjourned at 10:20 p.m. Edmonds City Council Draft Minutes June 28, 2022 Page 29 Packet Pg. 63 N N O N O O W r-� C E t c� r� Q 8.3 City Council Agenda Item Meeting Date: 07/5/2022 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Megan Menkveld Department: Administrative Services Preparer: Lori Palmer Background/History Approval of check #65102 dated June 21, 2022 for $419.28, Kelly Day Buy Back checks #65103 through #65132 for $42,808.74 dated June 22, 2022 and payroll checks #65133 to #65144 for $12,211.37 dated July 5, 2022, payroll direct deposit for $671,550.88, benefit checks #65145 through #65149 and wire payments for $629,103.54 for the pay period June 16, 2022 through June 30, 2022. Staff Recommendation Approval of 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: 06-16-22 to 06-30-22 payroll earnings report 06-21-2022 payroll earnings report 06-22-2022 kelly day earning summary report 06-16-22 to 06-30-22 benefit checks summary report Packet Pg. 64 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,050 (06/16/2022 to 06/30/2022) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 14.00 0.00 112 ABSENT NO PAY NON HIRED 40.00 0.00 121 SICK SICK LEAVE 592.50 25,052.87 122 VACATION VACATION 1,369.12 61,129.81 123 HOLIDAY HOLIDAY HOURS 129.00 5,492.05 124 HOLIDAY FLOATER HOLIDAY 60.50 2,223.87 125 COMP HOURS COMPENSATORY TIME 119.50 5,345.65 129 SICK Police Sick Leave L & 1 48.00 2,621.05 130 COMP HOURS Holiday Compensation Used 9.00 291.05 131 MILITARY MILITARY LEAVE 24.00 1,157.35 141 BEREAVEMENT BEREAVEMENT 20.00 943.03 150 REGULAR HOURS Kellv Day Used 230.38 10,921.26 153 HOLIDAY HOLIDAY BUY BACK 40.00 2,585.79 154 HOLIDAY FLOATER HOLIDAY BUY BACK 4.00 133.78 155 COMP HOURS COMPTIME AUTO PAY 207.01 10,773.03 157 SICK SICK LEAVE PAYOFF 152.50 9,858.32 158 VACATION VACATION PAYOFF 244.26 13,402.97 160 VACATION MANAGEMENT LEAVE 48.00 3,805.20 170 REGULAR HOURS COUNCIL BASE PAY 600.00 8,499.96 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 100.00 600.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 4,055.30 190 REGULAR HOURS REGULAR HOURS 15,819.41 670,364.34 191 REGULAR HOURS FIRE PENSION PAYMENTS 4.00 7,431.19 194 SICK Emerqencv Sick Leave 76.00 3,484.76 195 REGULAR HOURS ADMINISTRATIVE LEAVE 136.00 5,551.50 196 REGULAR HOURS LIGHT DUTY 169.00 9,749.55 210 OVERTIME HOURS OVERTIME -STRAIGHT 128.25 6,519.11 215 OVERTIME HOURS WATER WATCH STANDBY 72.00 4,044.89 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,361.87 220 OVERTIME HOURS OVERTIME 1.5 435.25 32,775.99 225 OVERTIME HOURS OVERTIME -DOUBLE 9.00 713.72 400 MISCELLANEOUS MISC PAY 0.00 -104.21 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 721.75 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 945.44 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 2,065.12 06/30/2022 Packet Pg. 65 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,050 (06/16/2022 to 06/30/2022) Hour Type Hour Class Description Hours Amount 602 COMP HOURS ACCRUED COMP 1.0 142.75 0.00 603 COMP HOURS Holiday Comp 1.0 20.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 172.50 0.00 903 MISCELLANEOUS CLOTHING ALLOWANCE 0.00 -37.50 acc MISCELLANEOUS ACCREDITATION PAY 0.00 141.63 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 148.12 colre MISCELLANEOUS Collision Reconstructionist 0.00 92.72 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 185.44 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 308.91 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOR 0.00 171.68 det4 MISCELLANEOUS Detective 4% 0.00 1,064.38 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 720.18 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 772.80 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 6,357.84 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 461.43 fmlc COMP HOURS Family Medical Leave -Comp Used 16.00 621.56 hol HOLIDAY HOLIDAY 1,345.16 57,510.40 k9 MISCELLANEOUS K-9 PAY 0.00 273.06 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 88.70 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,009.87 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 523.60 Ig12 LONGEVITY Longevity 9% 0.00 4,295.45 Ig13 LONGEVITY Longevity 7% 0.00 945.39 Ig14 LONGEVITY Lonqevitv 5% 0.00 958.86 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 259.00 Iq4 LONGEVITY Lonqevitv 1 % 0.00 420.59 Iq5 LONGEVITY Lonqevitv 3% 0.00 1,446.77 Iq6 LONGEVITY Lonqevitv .5% 0.00 308.99 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 367.32 Iq8 LONGEVITY Lonqevitv 8% 0.00 252.04 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 127.02 ooc MISCELLANEOUS OUT OF CLASS 0.00 160.65 pds MISCELLANEOUS Public Disclosure Specialist 0.00 103.70 pfml ABSENT Paid Family Medical Leave 28.00 0.00 pfmp ABSENT Paid Family Medical Unpaid/Sup 46.64 0.00 06/30/2022 Packet Pg. 66 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,050 (06/16/2022 to 06/30/2022) Hour Type Hour Class Description Hours Amount pfms SICK Paid FAMILY MEDICAL/SICK 17.05 662.36 pfmv VACATION Paid Family Medical Vacation 0.32 12.46 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,627.88 prof MISCELLANEOUS PROFESSIONAL STANDARDS SER 0.00 201.50 sdp MISCELLANEOUS SPECIAL DUTY PAY 0.00 329.16 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 201.50 St REGULAR HOURS Serqeant Pay 0.00 151.13 traf MISCELLANEOUS TRAFFIC 0.00 127.02 vap VACATION Vacation Premium 153.30 5,971.80 22,857.40 $1,004,862.77 Total Net Pay: $683,762.25 8.3.a .r m N m t U 4- m c a� c 0 L c� a 4- 0 0 L 0M a a O a m L i L 0 L Q N N O M �O O O N N t0 t0 O r C N E L V a2 a+ Q 06/30/2022 Packet Pg. 67 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,112 (06/21/2022 to 06/21/2022) Hour Type Hour Class Description Hours Amount 194 SICK Emerqencv Sick Leave 18.00 534.34 fmla ABSENT FAMILY MEDICAL/NON PAID -18.00 0.00 0.00 $534.34 Total Net Pay: $419.28 8.3.b 0 L Q 4- 0 L 0 L Q N N O N r N w O Q 06/30/2022 Packet Pg. 68 Hour Type Hour Class 149 KELLY DAY Payroll Earnings Summary Report City of Edmonds Pay Period: 1,111 (06/21/2022 to 06/22/2022) Description KELLY DAYS BUY BACK Hours Amount 56,097.98 1,080.00 $56,097.98 Total Net Pay: $42,808.74 8.3.c 06/30/2022 Packet Pg. 69 Benefit Checks Summary Report City of Edmonds Pay Period: 1,050 - 06/16/2022 to 06/30/2022 Bank: usbank - US Bank Check # Date Payee # Name Check Amt 65145 07/05/2022 bpas BPAS 12,313.70 65146 07/05/2022 jhan JOHN HANCOCK 106.96 65147 07/05/2022 flex NAVIA BENEFIT SOLUTIONS 3,737.69 65148 07/05/2022 icma VANTAGE TRANSFER AGENTS 304884 6,506.81 65149 07/05/2022 afscme WSCCCE, AFSCME AFL-CIO 2,377.90 25,043.06 Bank: wire - US BANK Check # Date Payee # Name Check Amt 3383 07/05/2022 pens DEPT OF RETIREMENT SYSTEMS 304,540.67 3385 07/05/2022 aflac AFLAC 4,274.40 3387 07/05/2022 mebt WTRISC FBO #N317761 129,475.14 3388 07/05/2022 us US BANK 132,094.66 3389 07/05/2022 wadc WASHINGTON STATE TREASURER 27,319.32 3391 07/05/2022 pb NATIONWIDE RETIREMENT SOLUTION 6,027.29 3392 07/05/2022 oe OFFICE OF SUPPORT ENFORCEMENT 329.00 604,060.48 Grand Totals: 629,103.54 8.3.d vi a� v r m Direct Deposit m 0.00 0.00 cv 0.00 0 0.00 0.00 0 a 4- 0 0.00 0 L 0. Q Q Direct Deposit V_ 0 0.00 0.00 L 0.00 0 0.00 E 0.00 E 0.00 u3i 0.00 N Y V N 0.00 v .r 0.00 c m N N O M O O r N N t0 t0 O 6/30/2022 Packet Pg. 70 8.4 City Council Agenda Item Meeting Date: 07/5/2022 Approval of claim checks and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #253016 through #253118 dated June 30, 2022 for $1,233,781.63 and wire payments of $18,644.41 and $3,101.94. Staff Recommendation Approval of claim checks 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 06-30-22 wire 06-23-22 wire 06-30-22 FrequentlyUsedProjNumbers 06-30-22 Packet Pg. 71 8.4.a vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Page Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun vi 253016 6/30/2022 076040 911 SUPPLY INC INV-2-19386 EDMONDS PD - SNIFFEN y FIRST TACTICAL POLO E 001.000.41.521.10.24.00 42.9� a EPD SEAL EMBROIDERY 001.000.41.521.10.24.00 12.0( '3 NAME TAPE EMBROIDERY 001.000.41.521.10.24.00 8.0( 10.1 % Sales Tax Y 001.000.41.521.10.24.00 6.3E y Total: 69.3E u E 253017 6/30/2022 078745 A-1 LANDSCAPING & CONSTRUCTION EOMA.Pmt 9 EOMA.PMT 9 THRU 5.31.22 EOMA.PMT 9 THRU 5.31.22 332.000.64.594.76.65.00 503,464.5E o EOMA.PMT 9 THRU 5.31.22 �a 125.000.64.594.76.65.00 150,385.5' o Total: 653,850.0E a Q 253018 6/30/2022 065052 AARD PEST CONTROL 58648 PARK MAINT PEST CONTROL CUSI PARK MAINT PEST CONTROL CUS C14 001.000.64.576.80.41.00 129.0( M 10.5% Sales Tax to 001.000.64.576.80.41.00 13.5E N 58772 PUBLIC WORKS - PEST CONTROL E PUBLIC WORKS - PEST CONTROL 2 001.000.66.518.30.41.00 160.0( U 10.5% Sales Tax r 001.000.66.518.30.41.00 a� 16.8( E Total: 319.3E �a 253019 6/30/2022 064088 ADT COMMERCIAL 145902486 ALARM MONITORING PUBLIC WOF Q ALARM MONITORING PUBLIC WOF 421.000.74.534.80.42.00 55.51 ALARM MONITORING PUBLIC WOF 423.000.75.535.80.42.00 55.51 Page: 1 Packet Pg. 72 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253019 6/30/2022 064088 ADT COMMERCIAL Voucher List City of Edmonds 8.4.a Page: 2 Invoice PO # Description/Account Amoun (Continued) vi ALARM MONITORING PUBLIC WOF 422.000.72.531.90.42.00 50.0. E ALARM MONITORING PUBLIC WOF a 111.000.68.542.90.42.00 63.9" ALARM MONITORING PUBLIC WOF 3 511.000.77.548.68.42.00 27.7� ALARM MONITORING PUBLIC WOF �a 001.000.65.518.20.42.00 25.0" Y 145902487 FIRE INSPECTION PUBLIC WORKS ALARM MONITORING PUBLIC WOF 421.000.74.534.80.41.00 35.8� E ALARM MONITORING PUBLIC WOF 423.000.75.535.80.41.00 35.& ALARM MONITORING PUBLIC WOF o 422.000.72.531.90.41.00 32.3( ALARM MONITORING PUBLIC WOF o 111.000.68.542.90.41.00 41.2E a ALARM MONITORING PUBLIC WOF Q 511.000.77.548.68.41.00 17.9E N ALARM MONITORING PUBLIC WOF N 001.000.65.518.20.41.00 0 16.1.E c? 145917890 FIRE ALARM MONITOR - SNOISLE I c FIRE ALARM MONITOR 650 MAIN S 001.000.66.518.30.41.00 101.2E . 10.5% Sales Tax ea U 001.000.66.518.30.41.00 10.6< 145917891 ALARM MONITORING - PARKS MAII ALARM MONITORING FOR PARKS I E t 001.000.66.518.30.42.00 27.2< ALARM MONITORING FOR PARKS I Q 001.000.64.576.80.42.00 27.2, 10.5% Sales Tax 001.000.66.518.30.42.00 2.8E 10.5% Sales Tax Page: 2 Packet Pg. 73 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 3 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253019 6/30/2022 064088 ADT COMMERCIAL (Continued) 001.000.64.576.80.42.00 2.8E 145917892 ALARM MONITORING - SNO ISLE LI E ALARM MONITORING FOR SNO ISL ca 001.000.66.518.30.42.00 a 182.9E 10.5% Sales Tax 001.000.66.518.30.42.00 19.2- 145917893 ALARM MONITORING - FS #16 ALARM MONITORING FOR FIRE ST 001.000.66.518.30.42.00 30.9E u 10.5% Sales Tax t 001.000.66.518.30.42.00 3.2E U 145917894 ALARM MONITORING - FS #17 ALARM MONITORING FOR FIRE ST 001.000.66.518.30.42.00 70.9E o 10.5% Sales Tax �a 001.000.66.518.30.42.00 7.4E o 145917895 ALARM MONITORING - PARKS MAIL L a ALARM MONITORING FOR MUSEUI Q 001.000.66.518.30.42.00 121.0z 10.5% Sales Tax N N 001.000.66.518.30.42.00 12.7- M 145917896 ALARM MONITORING - WWTP to ALARM MONITORING FOR wwtp, 2C N 001.000.66.518.30.42.00 50.0E 10.5% Sales Tax 001.000.66.518.30.42.00 5.2E }; 145917897 ALARM MONITORING - PUBLIC SAF ALARM MONITORING, PUBLIC SAF E 001.000.66.518.30.42.00 106.0z 10.5% Sales Tax 001.000.66.518.30.42.00 11.11 Q 145918477 ALARM MONITORING ANDERSON ALARM MONITORING FRANCES AN 001.000.66.518.30.42.00 202.1, Page: 3 Packet Pg. 74 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253019 6/30/2022 064088 ADT COMMERCIAL 253020 6/30/2022 078796 AMETEK BROOKFIELD 253021 6/30/2022 074306 AMWINS GROUP BENEFITS INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) FIRE MONITORING FRANCES AND[ 001.000.66.518.30.41.00 145918478 ALARM MONITORING ANDERSON FIRE INSPECTION FRANCES ANDE 001.000.66.518.30.41.00 Total: 794035 WWTP: PO 726 ANALYZER PO 726 ANALYZER 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 7391783 RETIREE PREMIUMS - JULY LEOFF 009.000.39.517.20.23.10 FIRE 001.000.39.517.20.23.10 253022 6/30/2022 074718 AQUATIC SPECIALTY SERVICES INC 22484 253023 6/30/2022 069751 ARAMARK UNIFORM SERVICES 6560021468 Total : YOST POOL/SPA SUPPLIES: CHEM YOST POOL/SPA SUPPLIES: CHEM 001.000.64.576.80.31.00 10.5% Sales Tax 001.000.64.576.80.31.00 Total WWTP: 6/15/22 UNIFORMS,TOWEL Mats/Towels $52.68 + $5.53 tax @ 1 423.000.76.535.80.41.00 Rentals & Prep Charges $44.93+$4.7 423.000.76.535.80.24.00 8.4.a Page: 4 Amoun m 111.8, E, �a a a� 302.9; 3 1,867.3E c �a U 18,610.0( 50.0( •� U 1,940.61 p 20,600.6' 0 a a Q 7, 976.1 N N 1,259.7< o 9,235.8' 0 N E 1,002.0( c 105.2 - 1,107.21 t �a a 58.2 - 49.6z Page: 4 Packet Pg. 75 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253023 6/30/2022 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 8.4.a Page: 5 Invoice PO # Description/Account Amoun (Continued) vi 6560021471 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE E, 001.000.64.576.80.24.00 55.5( a 10.5% Sales Tax 001.000.64.576.80.24.00 5.& 6560021473 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 27.9' N 10.5% Sales Tax 001.000.66.518.30.24.00 2.9' 6560023386 FLEET DIVISION UNIFORMS & MAT E FLEET DIVISION UNIFORMS M 511.000.77.548.68.24.00 9.2� FLEET DIVISION MATS o 511.000.77.548.68.41.00 19.1( �a 10.5% Sales Tax o L 511.000.77.548.68.24.00 1.51 a 10.5% Sales Tax Q 511.000.77.548.68.41.00 1.4, N 6560023387 PUBLIC WORKS OMC LOBBY MATS N PUBLIC WORKS OMC LOBBY MATS rQi 001.000.65.518.20.41.00 1.6' c PUBLIC WORKS OMC LOBBY MATS N 111.000.68.542.90.41.00 6.1' . PUBLIC WORKS OMC LOBBY MATS U 421.000.74.534.80.41.00 6.1 - }; PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 6.1' E PUBLIC WORKS OMC LOBBY MATS U 423.000.75.535.80.41.00 6.1' Q PUBLIC WORKS OMC LOBBY MATS 511.000.77.548.68.41.00 6.0£ 10.5% Sales Tax 001.000.65.518.20.41.00 0.3' Page: 5 Packet Pg. 76 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253023 6/30/2022 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 8.4.a Page: 6 Invoice PO # Description/Account Amoun (Continued) vi 10.5% Sales Tax (D 111.000.68.542.90.41.00 0.6, E 10.5% Sales Tax a 421.000.74.534.80.41.00 0.6, 10.5% Sales Tax 3 422.000.72.531.90.41.00 0.6, 10.5% Sales Tax 423.000.75.535.80.41.00 0.6, Y 10.5% Sales Tax U 511.000.77.548.68.41.00 0.5� 6560025309 WWTP: 6/22/22 UNIFORMSJOWEL E Mats/Towels $52.68 + $5.53 tax @ 1 423.000.76.535.80.41.00 58.2- Rentals & Prep Charges $44.93+$4.7 0 423.000.76.535.80.24.00 49.6, 6560025312 PARKS MAINT UNIFORM SERVICE o PARKS MAINT UNIFORM SERVICE a a 001.000.64.576.80.24.00 55.5( Q 10.5% Sales Tax N 001.000.64.576.80.24.00 5.8' N 6560025317 FACILITIES DIVISION UNIFORMS c� FACILITIES DIVISION UNIFORMS c 001.000.66.518.30.24.00 27.9- N 10.5% Sales Tax E 001.000.66.518.30.24.00 2.9< 2 6560027193 FLEET DIVISION UNIFORMS & MAT }; FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 9.5E E FLEET DIVISION MATS 511.000.77.548.68.41.00 19.1( Q 10.5% Sales Tax 511.000.77.548.68.24.00 1.5� 10.5% Sales Tax 511.000.77.548.68.41.00 1.4' Page: 6 Packet Pg. 77 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 7 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253023 6/30/2022 069751 ARAMARK UNIFORM SERVICES (Continued) 6560027195 PUBLIC WORKS OMC LOBBY MATE PUBLIC WORKS OMC LOBBY MATE E 001.000.65.518.20.41.00 1.6- a PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 6.1' 3 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 Y 6.1' PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 6.1' E PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 6.0£ 10.5% Sales Tax o 001.000.65.518.20.41.00 0.1, 10.5% Sales Tax o 111.000.68.542.90.41.00 0.6, a 10.5% Sales Tax Q 421.000.74.534.80.41.00 0.6z N 10.5% Sales Tax N 422.000.72.531.90.41.00 0 0.6, c? 10.5% Sales Tax to 423.000.75.535.80.41.00 0.6z 10.5% Sales Tax E 511.000.77.548.68.41.00 0.6E U Total: 534.1, c a� 253024 6/30/2022 069699 AUDIO VISUAL SPECIALISTS 220517 DVD CONVERSION TO MP4 SERVI( E DVD conversion to MP4 services 001.000.31.514.31.41.00 11076.0( 10.6% Sales Tax Q 001.000.31.514.31.41.00 114.0E Total : 1,190.0E 253025 6/30/2022 071174 AXON ENTERPRISE INC INUS058759 EDMONDS PD Page: 7 Packet Pg. 78 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253025 6/30/2022 071174 AXON ENTERPRISE INC 253026 6/30/2022 071421 BIO CLEAN INC 253027 6/30/2022 078945 BIOAIR SOLUTIONS LLC Voucher List City of Edmonds 8.4.a Page: 8 Invoice PO # Description/Account Amoun (Continued) vi AXON AIR MAVIC 2 BATTERY - DRC 001.000.41.521.40.31.00 189.0( E, 10.5% Sales Tax a 001.000.41.521.40.31.00 19.6E INUS069072 EDMONDS PD 3 TASER 7 CARTRIDGE CARRIER 001.000.41.521.40.31.00 504.2, 10.5% Sales Tax 001.000.41.521.40.31.00 52.9E u Total: 765.8E 13293 VEHICLE P7 - EDMONDS PD E P7 DECONTAMINATION 001.000.41.521.22.41.00 385.0E o 10.5% Sales Tax '@ 001.000.41.521.22.41.00 40.4< p 13302 VEHICLE P1 - EDMONDS PD a P1 DECONTAMINATION Q• Q 001.000.41.521.22.41.00 385.0( " 10.5% Sales Tax N 001.000.41.521.22.41.00 40.4' M Total : 850.8E w 0 1-22130 WWTP: PO 845 ECOGROW NUTRIE N E PO 845 ECOGROW NUTRIENTS 50 ca 423.000.76.535.80.31.00 2,052.0( Freight c 423.000.76.535.80.31.00 954.0( E 10.5% Sales Tax 423.000.76.535.80.31.00 315.6' +° Total : 3,321.6: Q 253028 6/30/2022 074307 BLUE STAR GAS 1325868 FLEET - AUTO PROPANE 514.30 GF FLEET - AUTO PROPANE 514.30 GF 511.000.77.548.68.34.12 1,548.7, Page: 8 Packet Pg. 79 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253028 6/30/2022 074307 BLUE STAR GAS (Continued) 1330052 FLEET - AUTO PROPANE 538.00 GF FLEET - AUTO PROPANE 538.00 GF E 511.000.77.548.68.34.12 1,562.5, a 1344129 FLEET - AUTO PROPANE 511.00 GP FLEET - AUTO PROPANE 511.00 GP 511.000.77.548.68.34.12 1,743.2, 1346489 FLEET - AUTO PROPANE 598.80 GF FLEET - AUTO PROPANE 598.80 GF 511.000.77.548.68.34.12 2,120.3 , Total : 6,974.W 253029 6/30/2022 075025 BRANDING IRON LLC 15318 CEMETERY MEMORIAL DAY EVENT E CEMETERY MEMORIAL DAY EVENT f° 130.000.64.536.20.49.00 25.0E p 10.5% Sales Tax '@ 130.000.64.536.20.49.00 2.6' o Total: 27.6: a a 253030 6/30/2022 065565 BUD CLARY FORD HYUNDAI 3NT283 E197FM - 2022 FORD MAVERICK C( Q E197FM - 2022 FORD MAVERICK C( N N 511.100.77.594.48.64.00 25,911.1 , o Total: 25,911.1, to 253031 6/30/2022 077840 BYRUM, KRIS 2006890.009 REFUND: CUSTOMER CANCELLATI E REFUND: CUSTOMER CANCELLATI 001.000.239.200 190.0( Total: 190.0( a� 253032 6/30/2022 076240 CADMAN MATERIALS INC 5838247 ROADWAY -ASPHALT, LIQUID ASP E ROADWAY -ASPHALT, LIQUID ASP 111.000.68.542.31.31.00 382.5E Total : 382.5E Q 253033 6/30/2022 018495 CALPORTLAND COMPANY 95465696 STREET - 5.5 SK 3/8 AEA STREET - 5.5 SK 3/8 AEA 111.000.68.542.61.31.00 458.7( Page: 9 Packet Pg. 80 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 253033 6/30/2022 018495 CALPORTLAND COMPANY (Continued) 10.1 % Sales Tax 111.000.68.542.61.31.00 95483126 STREET - 5.5 SK 3/8 AEA STREET - 5.5 SK 3/8 AEA 111.000.68.542.61.31.00 10.1 % Sales Tax 111.000.68.542.61.31.00 Total 253034 6/30/2022 073029 CANON FINANCIAL SERVICES 28694572 EDMONDS PD 6/22 3AP01257 & 3AP01253 CONTR 001.000.41.521.10.45.00 10.5% Sales Tax 001.000.41.521.10.45.00 28694663 C2501 F contract charge 6/1-6/30/2022 001.000.21.513.10.45.00 10.5% Sales Tax 001.000.21.513.10.45.00 28694668 EDMONDS PD 6/22 FAXBOARD CONTRACT CHAR 001.000.41.521.10.45.00 10.5% Sales Tax 001.000.41.521.10.45.00 28694671 COPIERS JUNE 2022 COPIERS JUNE 2022 001.000.23.512.51.45.00 10.5% Sales Tax 001.000.23.512.51.45.00 28694674 P&R C5750 COPIER: CONTRACT OE P&R C5750 Copier: Contract Number 001.000.64.571.21.45.00 10.5% Sales Tax 001.000.64.571.21.45.00 28694675 C/A 572105-1 CONTRACT# 06619 8.4.a Page: 10 Amoun m 46.3, E �a a a� 420.4E .3 42.4E 968.0( Y a� t 351.9' •� 36.9E o �a 0 26.41 a a Q 2.7E N N O M 36.0, co 0 N 3.7E E 212.5E E 22.3, �a a 227.01 23.81 Page: 10 Packet Pg. 81 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253034 6/30/2022 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds 8.4.a Page: 11 Invoice PO # Description/Account Amoun (Continued) vi Finance dept copier contract charge 001.000.31.514.23.45.00 227.0, E 10.5% Sales Tax a 001.000.31.514.23.45.00 23.8z 28694681 P&R C2571F COPIER: S/N 3CE0793, 3 P&R C257iF Copier: Contract Numbe M 001.000.64.571.21.45.00 35.0, cm 10.5% Sales Tax W 001.000.64.571.21.45.00 3.6E Y 28694682 DEV SVCS COPIER MONTHLY CON Bldg dept copier (SN: 3CE08167)- E 001.000.62.524.10.45.00 35.0 j 10.5% Sales Tax 001.000.62.524.10.45.00 3.6� o 28694683 PM C2571F COPIER: S/N 3CE08178 �a P&R C2571F COPIER: S/N 3CE0793, o L 001.000.64.576.80.45.00 29.0E a 10.5% Sales Tax Q 001.000.64.576.80.45.00 3.Of N 28694684 DEV SVCS RENTAL/LEASE (COPIEI N Planning Dept copier (SN: 3CE07934 M 001.000.62.524.10.45.00 35.0 1 c 10.5% Sales Tax N 001.000.62.524.10.45.00 3.6E . 28694685 COUNCIL COPIER MONTHLY LEAS[ �a U Contact charge 6/01-6/30/22 for SN }; 001.000.11.511.60.45.00 29.0E 10.5% Sales Tax E 001.000.11.511.60.45.00 3.Of t 28694686 HS C2571F COPIER: S/N 3CE09644 PM C2571F COPIER: S/N 3CE08178: Q 001.000.63.557.20.45.00 31.9E 10.5% Sales Tax 001.000.63.557.20.45.00 3.3E Page: 11 Packet Pg. 82 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253034 6/30/2022 073029 CANON FINANCIAL SERVICES 253035 253036 253037 6/30/2022 069813 CDW GOVERNMENT INC Voucher List City of Edmonds Invoice (Continued) 28694687 X225076 X241176 Z213466 Z550858 6/30/2022 078205 CENTER FOR PUBLIC SAFETY MGMT 2045 6/30/2022 070323 COMCAST BUSINESS 8498310300732547 8.4.a Page: 12 PO # Description/Account Amoun CEMETERY MF1238 COPIER: S/N 3 a0i CEMETERY MF1238 COPIER: S/N 3 E 130.000.64.536.50.45.00 8.6( a 10.5% Sales Tax 130.000.64.536.50.45.00 0.9" .3 Total : 1,419.9E c HPE NS HF4/60 NIBLE STORAGE S y HPE Nible Storage Server support U 512.100.31.594.18.64.10 5,592.0( 10.5% Sales Tax U 512.100.31.594.18.64.10 587.1E •� HPE NIMBLE STORAGE SERVER U HPE Nimble Storage Server HF4/60 E o 512.100.31.594.18.64.10 18,250.3( @ 10.5% Sales Tax o 512.100.31.594.18.64.10 1,916.2E a WWTP: PO 714 HP DL38O GENI 0, Q' Q PO 714 HP DL38O GENI 0 421 5R 1 423.000.76.535.80.48.00 9,361.5, N 10.5% Sales Tax M 423.000.76.535.80.48.00 982.9E co HP LASERJET M406DN PRINTER N HP Laserjet Enterprise SFP M406DN E 512.100.31.518.88.35.00 486.6E 2 10.5% Sales Tax U 512.100.31.518.88.35.00 51.1( Total: 37,228.01 E t CONSULTING PROFESSIONAL SEF Consulting Professional Services per Q 001.000.39.513.40.41.00 13,236.0( Total : 13,236.0( PUBLIC WRKS - DIGITAL CABLE Page: 12 Packet Pg. 83 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 13 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253037 6/30/2022 070323 COMCAST BUSINESS (Continued) Public Works - 7110 210th S SW m 001.000.65.518.20.42.00 2.3,, E Public Works - 7110 210th S SW a 111.000.68.542.90.42.00 11.1 E Public Works - 7110 210th S SW 3 421.000.74.534.80.42.00 11.1E Public Works - 7110 210th S SW �a 423.000.75.535.80.42.00 11.1 E Y Public Works - 7110 210th S SW 511.000.77.548.68.42.00 10.6 8498310301340308 UPTOWN CITY HALL - DIGITAL CAB E Uptown City Hall - 23632 Highway 99 001.000.66.518.30.41.00 351.9E Total: 398.% 0 253038 6/30/2022 078971 COMMUNITY HEALTH CTR OF SNO CO E20CE.CHC E20CE.CHC ROW ACQUISITION �a 0 E20CE.CHC ROW ACQUISITION a 112.000.68.595.20.61.00 32,400.0( Q Total : 32,400.0( N N 253039 6/30/2022 074444 DATAQUEST LLC 18402 BACKGROUND CHECKS - MAY o MAY BACKGROUND CHECKS M to 001.000.22.518.10.41.00 440.0( N Total: 440.0( E 2 253040 6/30/2022 006626 DEPT OF ECOLOGY RS-000000240 E7FG ANNUAL SAM INVOICE 2022 U E7FG ANNUAL SAM INVOICE 2022 422.000.72.531.90.41.50 19,297.0( E Total: 19,297.0( �a 253041 6/30/2022 064531 DINES, JEANNIE 22-4167 PSPP, FINANCE, PPW COMMAND, Q City Council Special Meeting minutes 001.000.31.514.31.41.00 842.4( 22-4168 CITY COUNCIL MTG MINUTES City Council Meeting Minutes 6/21/22 Page: 13 Packet Pg. 84 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 14 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253041 6/30/2022 064531 DINES, JEANNIE (Continued) 001.000.31.514.31.41.00 464.4( Total: 1,306.8( 253042 6/30/2022 078973 DREXEL, EVELYN M JUNE 2022 FRAUD FUNDS RETURN- DREXEL - FRAUD FUNDS RETURN- CS22-638 001.000.237.350 18,277.1 Total : 18,277.1 <, 253043 6/30/2022 007253 DUNN LUMBER 8735958 PM: SUPPLIES ACCT E000027 PM SUPPLIES: PLYWOOD, SEALAN 001.000.64.576.80.31.00 85.1, 10.3% Sales Tax 001.000.64.576.80.31.00 8.7£ Total : 93.9E 253044 6/30/2022 078494 ECONORTHWEST 25179 DEV SVCS PROF SVCS EconoNorthwest- 001.000.62.524.10.41.00 380.0( 25676 DEV SVCS PROF SVCS EconoNorthwest- 001.000.62.524.10.41.00 3,703.7.E Total : 4,083.7E 253045 6/30/2022 007775 EDMONDS CHAMBER OF COMMERCE BID-5138646590 BID/ED 4TH OF JULY PARADE SPOI BID/ED 4TH OF JULY PARADE SPOI 140.000.61.558.70.49.00 500.0( Tota I : 500.0( 253046 6/30/2022 076610 EDMONDS HERO HARDWARE 3040 PM: GAP FILLER PM: GAP FILLER 001.000.64.576.80.31.00 7.9� 10.5% Sales Tax 001.000.64.576.80.31.00 0.81 3111 PM: STAKES PM: STAKES 001.000.64.576.81.31.00 29.8E Page: 14 Packet Pg. 85 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253046 6/30/2022 076610 EDMONDS HERO HARDWARE 253047 6/30/2022 038500 EDMONDS SENIOR CENTER 253048 6/30/2022 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds 8.4.a Page: 15 Invoice PO # Description/Account Amoun (Continued) vi 10.5% Sales Tax (D 001.000.64.576.81.31.00 3.1, E 3116 PM: MIXING CONTAINER a PM: MIXING CONTAINER 001.000.64.576.80.31.00 13.9E .3 10.5% Sales Tax 001.000.64.576.80.31.00 1.4E 3117 PM: NUTS, BOLTS, SCREWS Y PM: NUTS, BOLTS, SCREWS 001.000.64.576.80.31.00 4.6 10.5% Sales Tax E 001.000.64.576.80.31.00 0.4E 3121 PM: CEMENT, THERMOMETER, PVI PM: CEMENT, THERMOMETER, PV( o 001.000.64.576.80.31.00 44.9, �a 10.5% Sales Tax o L 001.000.64.576.80.31.00 4.7, a Total : 112.0j Q 2022-01 EWC BUILDING USE AGREEMENT ccli Edmonds Waterfront Center cost c Cl? 001.000.64.571.22.45.00 7co Total Total: 7,500.0( y E 1-00655 LIFT STATION #7 71 W DAYTON ST 2 LIFT STATION #7 71 W DAYTON ST U 423.000.75.535.80.47.10 56.3E c 1-00925 LIFT STATION #8 107 RAILROAD AV LIFT STATION #8 107 RAILROAD AV 423.000.75.535.80.47.10 V 61.2z m 1-01950 LIFT STATION #1 450 SUNSET AVE, Q LIFT STATION #1 450 SUNSET AVE, 423.000.75.535.80.47.10 56.3E 1-03950 OLD PUBLIC WORKS (NORTH) 200 OLD PUBLIC WORKS 200 DAYTON Page: 15 Packet Pg. 86 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 16 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253048 6/30/2022 008705 EDMONDS WATER DIVISION (Continued) 421.000.74.534.80.47.00 1,429.1- y 1-05350 OLD PUBLIC WORKS (SOUTH) 200 E OLD PUBLIC WORKS (SOUTH) 200 a 421.000.74.534.80.47.00 127.4( 1-05705 LIFT STATION #6 100 PINE ST/ MEl 3 LIFT STATION #6 100 PINE ST / MEl 423.000.75.535.80.47.10 119.6z 1-13975 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER U 001.000.66.518.30.47.00 677.1 t 2-11650 9309 BOW DOIN WAY/ METER 7236 9309 BOW DOIN WAY/ METER 7236 E 001.000.64.576.80.47.00 207.4( Z 2-25150 WEST PLANTER IRRIGATION 870 C p WEST PLANTER IRRIGATION 870 C 001.000.64.576.80.47.00 56.3f o 2-25175 EAST PLANTER IRRIGATION 875 Cj a EAST PLANTER IRRIGATION 875 Cj Q' Q 001.000.64.576.80.47.00 .r 56.3E04 2-26950 LIFT STATION #3 729 NORTHSTRE/ N LIFT STATION #3 729 NORTHSTRE/ C M 423.000.75.535.80.47.10 114.7, co 2-28275 PLANTER IRRIGATION 1400 9TH AV N PLANTER IRRIGATION 1400 9TH AV E 001.000.64.576.80.47.00 56.3E 2 2-29118 LIFT STATION #2 702 MELODY LN / U LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 61.2z E 2-37180 SAM STAMM OVERLOOK / METER E SAM STAMM OVERLOOK / METER E f° 001.000.64.576.80.47.00 81.6E Q 4-34080 LIFT STATION #14 7909 211TH PL S' LIFT STATION #14 7909 211TH PL S' 423.000.75.535.80.47.10 56.3E Page: 16 Packet Pg. 87 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 253048 6/30/2022 008705 008705 EDMONDS WATER DIVISION (Continued) 253049 6/30/2022 075475 EDMONDS WOODWAY MUSIC BOOSTEF EWHS CP 253050 253051 6/30/2022 068803 EJ USA INC 110220045432 6/30/2022 008812 ELECTRONIC BUSINESS MACHINES AR222713 AR222716 8.4.a Page: 17 Description/Account Amoun Total : 3,217.9: CITY PARK SUMMER CONCERT E E CITY PARK SUMMER CONCERT �a 117.100.64.573.20.41.00 500.0( c Total : 500.0( .- 3 STORM - SUPPLIES c STORM - SUPPLIES fd 422.000.72.531.40.31.00 N 1,990.7z Ix Freight 422.000.72.531.40.31.00 50.0( U 10.5% Sales Tax E 422.000.72.531.40.31.00 214.2E Total: 2,255.0: o CANON 5750 OVERAGES > bw overage 5/16 - 6/15/2022 001.000.22.518.10.45.00 CL 3.7� clr overage 5/16 - 6/15/2022 Q 001.000.22.518.10.45.00 9.3E c-4 clr overage 5/16 - 6/15/2022 c 001.000.61.557.20.45.00 9.3E clr overage 5/16 - 6/15/2022 0 001.000.21.513.10.45.00 9.3E 10.5% Sales Tax 001.000.22.518.10.45.00 1.3E 10.5% Sales Tax 001.000.21.513.10.45.00 0.9E 10.5% Sales Tax t 001.000.61.557.20.45.00 0.9E WWTP: 5/16-6/15/22 OVERAGE CH) Q 5/16-6/15/22 OVERAGE CHARGE 423.000.76.535.80.45.00 97.2- 10.5% Sales Tax 423.000.76.535.80.45.00 10.2- Page: 17 Packet Pg. 88 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253051 6/30/2022 008812 ELECTRONIC BUSINESS MACHINES Voucher List City of Edmonds 8.4.a Page: 18 Invoice PO # Description/Account Amoun (Continued) vi AR222747 CUST# MK5533 C57501 3AP07496 C Meter charges 05/16/22 - 06/15/22 B� E 001.000.31.514.23.48.00 12.9- a Meter charges 05/16/22 - 06/15/22 Cc 001.000.31.514.23.48.00 44.0( .3 10.5% Sales Tax 001.000.31.514.23.48.00 5.9£ AR222748 MK5533 - A11959 - FLEET COPY US FLEET COPIER USAGE U 511.000.77.548.68.31.10 W 20.2( 10.5% Sales Tax E 511.000.77.548.68.31.10 AR222750 DEV SVCS LEASE (COPIER) Planning Dept Copier - SN: 3CE0793 0 001.000.62.524.10.45.00 24.9( �a 10.5% Sales Tax o L 001.000.62.524.10.45.00 2.6, a AR222751 COPIER B/W COPIER USAGE Q B/W copier usage for Council copier N 001.000.11.511.60.45.00 55.1, N 10.5% Sales Tax M 001.000.11.511.60.45.00 5.7� c AR222753 PM COPIER USAGE: C2571F: S/N 3( N PM COPIER USAGE: C2571F: Accou E 001.000.64.576.80.45.00 75.8� u 10.5% Sales Tax }; 001.000.64.576.80.45.00 7.9, AR222754 P&R COPIER USAGE: C57501: S/N E P&R COPIER USAGE: C57501: accot U 001.000.64.571.22.45.00 M 119.0' Q 10.5% Sales Tax 001.000.64.571.22.45.00 12.5( AR222755 P&R COPIER USAGE: C2571F: S/N P&R COPIER USAGE: C2571F: Acco Page: 18 Packet Pg. 89 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 19 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253051 6/30/2022 008812 ELECTRONIC BUSINESS MACHINES (Continued) 001.000.64.576.80.45.00 43.4, 10.5% Sales Tax 001.000.64.576.80.45.00 4.5E Total: 579.6E 253052 6/30/2022 078919 EMERALD CITY FLOORBALL 10754 FLOORBALL 10754 FLOORBALL CLASS INSTRUi 10754 FLOORBALL CLASS INSTRUi 001.000.64.571.25.41.00 122.4( 10759 10753 10759 10753 FLOORBALL CLASS Il\ 10759 FLOORBALL CLASS INSTRUi 001.000.64.571.25.41.00 63.0( 10753 FLOORBALL CLASS INSTRUi 001.000.64.571.25.41.00 14.4( Tota I : 199.8( 253053 6/30/2022 065789 ESTES, KEN 35 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.23.00 479.2E Total: 479.2E 253054 6/30/2022 009350 EVERETT DAILY HERALD EDH956722 PLANNING - ADVERTISING City Notice- 001.000.62.558.60.41.40 87.7, Total : 87.7: 253055 6/30/2022 067599 EWING ELECTRIC INC ETG1002 WWTP: 4/1-6/30/22 CONTRACT WC 4/1-6/30/22 CONTRACT WORK 423.000.76.535.80.48.00 45,018.9E Retainage 423.000.223.400 -2,250.9E 10.5% Sales Tax 423.000.76.535.80.48.00 4,726.9� Total : 47,495.0( 253056 6/30/2022 078977 FALL, ANNE MARIE 2006889.009 REFUND: CUSTOMER CANCELLATI Page: 19 Packet Pg. 90 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253056 6/30/2022 078977 FALL, ANNE MARIE Voucher List City of Edmonds Invoice (Continued) 253057 6/30/2022 063137 GOODYEAR AUTO SERVICE CENTER 0000034151 253058 6/30/2022 012199 GRAINGER 9333653096 253059 6/30/2022 071759 GRANICH ENGINEERED PRODUCTS BI-0355314 253060 6/30/2022 012560 HACH COMPANY 13095034 8.4.a Page: 20 PO # Description/Account Amoun REFUND: CUSTOMER CANCELLATI (D 001.000.239.200 550.0( E Total: 550.0( a UNIT 114 - TIRES UNIT 114 - TIRES 3 511.000.77.548.68.31.10 327.7, WA STATE TIRE FEE y 511.000.77.548.68.31.10 4.0( U 10.6% Sales Tax 511.000.77.548.68.31.10 34.7z Total: 366.4E PM SUPPLIES: RAILING BASE, SOC o PM SUPPLIES: RAILING BASE, SOC '@ 001.000.64.576.80.31.00 117.4, o 10.5% Sales Tax a 001.000.64.576.80.31.00 12.3z Q Total N N WWTP: PO 797 REMOVE/INSTALL F 0 PO 797 REMOVE/INSTALL FAIRBAI' `? 423.000.76.535.80.48.00 2,550.0( to c 10.5% Sales Tax 423.000.76.535.80.48.00 Total: 2,817.7° WATER QUALITY - SUPPLIES WATER QUALITY - SUPPLIES E t 421.000.74.534.80.31.00 925.3, Freight Q 421.000.74.534.80.31.00 58.7 10.5% Sales Tax 421.000.74.534.80.31.00 103.3' Page: 20 Packet Pg. 91 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253060 6/30/2022 012560 012560 HACH COMPANY 253061 6/30/2022 013500 HINGSON, ROBERT 253062 6/30/2022 078923 HKA GLOBAL INC 253063 6/30/2022 078967 HOLM, GREGORY RAYMOND 253064 6/30/2022 061013 HONEY BUCKET 253065 6/30/2022 071642 HOUGH BECK & BAIRD INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 34 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.29.00 REIMBURSEMENT 009.000.39.517.20.23.00 0000003 6-15-2022 0552831736 0552842176 14346 14375 Total Total : WWTP: 5/1-5/31/22 SERVICES FOR 5/1-5/31/22 SERVICES FOR C511 Ci 423.100.76.594.35.41.00 Total CPLREFUND- HOLM - EDMONDSI CPL - LATE RENEWAL REFUND 001.000.322.90.000.00 CPL - LATE RENEWAL REFUND 001.000.237.190 Total CIVIC CENTER PLAYFIELD HONEY CIVIC CENTER PLAYFIELD HONEY 001.000.64.576.80.45.00 FRANCES ANDERSON CENTER HC FRANCES ANDERSON CENTER HC 001.000.64.576.80.45.00 Total PARK PLANNING SUPPORT SERVI( PARK PLANNING SUPPORT SERVI( 001.000.64.571.21.41.00 PARK PLANNING SUPPORT SERVI( PARK PLANNING SUPPORT SERVI( 001.000.64.571.21.41.00 Total 8.4.a Page: 21 Amoun 1,087.4: r- m E �a 3,021.0( 35.4( 3,056.4( U a� t 19,998.7E 19,998.7° ,E �a U 4- 0 21.0( > 0 L 21.0( a 42.0( Q N N 0 eM 3,141.2- c N E 240.3E 3,381.5E c a� t 5,708.5' a 2,355.0 8,063.51 Page: 21 Packet Pg. 92 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 253066 6/30/2022 078960 INTASSOC OF CHIEFS OF POLICE 0143561 253067 6/30/2022 076917 JACOBS ENGINEERING GROUP INC W3Y0200013 253068 6/30/2022 078965 KAISER FOUNDATION HEALTH PLAN 3870063 253069 6/30/2022 066522 LAKESIDE INDUSTRIES INC 253070 6/30/2022 078969 LEE, HYE 198532 2006872.009 253071 6/30/2022 076001 LUCIE R BERNHEIM, ATTYAT LAW 906 253072 6/30/2022 018980 LYNNWOOD HONDA 5115743 PO # Description/Account POLICE CHIEF SEARCH IACP FEE 001.000.22.518.10.41.00 Total WWTP: 4/30-5/27/22 SERVICES 4/30-5/27/22 SERVICES 423.000.76.535.80.41.00 Total NEW HIRE MEDICAL POLICE MEDICAL EXAMS 001.000.41.521.10.41.00 Total WATER - EZ STREET ASPHALT WATER - EZ STREET ASPHALT 421.000.74.534.80.31.00 10.1 % Sales Tax 421.000.74.534.80.31.00 Total REFUND: CUSTOMER CANCELLATI REFUND: CUSTOMER CANCELLATI 001.000.239.200 Total CONFLICT COUNSEL 9Z0694882 CONFLICT COUNSEL 9Z0694882 001.000.39.515.93.41.00 Total PM SUPPLIES: LAWN MOWER PAR PM SUPPLIES: LAWN MOWER PAR 001.000.64.576.80.31.00 10.5% Sales Tax 001.000.64.576.80.31.00 8.4.a Page: 22 Page: 22 Packet Pg. 93 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 23 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253072 6/30/2022 018980 018980 LYNNWOOD HONDA (Continued) Total : 8.9: ui r- 253073 6/30/2022 078428 MANU GROUP LLC 10835 SPANISH 10835 SPANISH CLASS INSTRUCTI, E E 10835 SPANISH CLASS INSTRUCTI, �a 001.000.64.571.22.41.00 729.3( Total : 729.3( .- 3 253074 6/30/2022 020039 MCMASTER-CARR SUPPLY CO 79546364 WWTP: PO 853 FLOWMETER c PO 853 FLOWMETER fd 423.000.76.535.80.48.00 N 125.5( Freight t 423.000.76.535.80.48.00 10.9- U 10.5% Sales Tax E 423.000.76.535.80.48.00 14.3, E Total: 150.7; o 253075 6/30/2022 074831 MILLER PAINT COMPANY 33251969 TRAFFIC - PAINT & STRAINER > TRAFFIC - PAINT & STRAINER o 111.000.68.542.64.31.00 342.3( a 10.6% Sales Tax Q 111.000.68.542.64.31.00 36.2E c-4 Total : 378.51 c M 253076 6/30/2022 072746 MURRAYSMITH INC 20-2967.00-12 EOJB/SERVICES THRU 5.31.22 c EOJB/SERVICES THRU 5.31.22 N 421.000.74.594.34.41.00 10,572.0; •E Total: 10,572.0, U 253077 6/30/2022 072833 MVP MAY 2022 MAY 22 AWARDS - EDMONDS PD a� MAY 2022 AWARDS PHOTOGRAPH E 001.000.41.521.10.41.00 350.0( U 10.5% Sales Tax 001.000.41.521.10.41.00 36.7.E Q Total: 386.7° 253078 6/30/2022 074798 NATIONAL BUSINESS FURNITURE MK579997-HIR P&R: COORDINATOR OFFICE FURP P&R: COORDINATOR OFFICE FURS Page: 23 Packet Pg. 94 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253078 6/30/2022 074798 NATIONAL BUSINESS FURNITURE 253079 6/30/2022 064570 NATIONAL SAFETY INC 253080 6/30/2022 070855 NAVIA BENEFIT SOLUTIONS 253081 6/30/2022 077724 NENA Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.64.571.21.35.00 10.5% Sales Tax 001.000.64.571.21.35.00 MK579997-TDO P&R: COORDINATOR OFFICE FURP P&R: COORDINATOR OFFICE FURP 001.000.64.571.21.35.00 10.5% Sales Tax 001.000.64.571.21.35.00 Total 0654632-IN WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 10.5% Sales Tax 421.000.74.534.80.31.00 0657313-IN STORM - SUPPLIES/ MEN WORKIN, STORM - SUPPLIES/ MEN WORKIN, 422.000.72.531.40.31.00 10.5% Sales Tax 422.000.72.531.40.31.00 Tota I : 10472202 GO COMMUTER FEES - MAY FSA FEES 001.000.22.518.10.41.00 10472203 FSA FEES - MAY FSA FEES 001.000.22.518.10.41.00 Tota I : 300015850 NATIONAL EMERGENCY NUMBER ( National Emergency Number Compar 512.000.31.518.88.48.00 Total 8.4.a Page: 24 Page: 24 Packet Pg. 95 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253082 6/30/2022 025217 NORTH SOUND HOSE & FITTINGS 253083 253084 253085 Voucher List City of Edmonds Invoice N044014 6/30/2022 076902 OCCUPATIONAL HEALTH CTR OF WA 75669088 PO # Description/Account UNIT 19 - PARTS/ HOSES & CLAMP UNIT 19 - PARTS/ HOSES & CLAMP, 511.000.77.548.68.31.10 9.9% Sales Tax 511.000.77.548.68.31.10 Total DOT RECERTIFICATIONS DOT RECERT - MOLES 111.000.68.542.90.41.00 DOT RECERT - BROWNING 111.000.68.542.90.41.00 DOT RECERT - HILL 422.000.72.531.90.41.00 Total 6/30/2022 065720 OFFICE DEPOT 249162122001 INV 249162122001 ACCT 90520437 PUBLIC WORKS - SUPPLIES/ ERAS 001.000.65.518.20.31.00 10.5% Sales Tax 001.000.65.518.20.31.00 249163068001 INV 249163068001 ACCT 90520437 PUBLIC WORKS - SUPPLIES/ PENS 001.000.65.518.20.31.00 10.5% Sales Tax 001.000.65.518.20.31.00 249163069001 INV 249163069001 ACCT 90520437 PUBLIC WORKS - SUPPLIES/ PENC 001.000.65.518.20.31.00 10.5% Sales Tax 001.000.65.518.20.31.00 Total: 6/30/2022 002203 OWEN EQUIPMENT COMPANY 00106615 STORM, FLEET & STREET - TRUVA, FLEET- DAVE MYERS TRAINING 511.000.77.548.68.49.00 8.4.a Page: 25 Amoun m 34.6E E �a a 3.4< 38.11 3 c �a 110.0( U t 110.0( E 110.0( U 330.0( o �a 0 a 47.2E Q 4.91 N 0 M to 40.3" N E 4.2< n U c 25.2� E t U 2.6E M 124.7d Q 299.0( Page: 25 Packet Pg. 96 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 26 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253085 6/30/2022 002203 OWEN EQUIPMENT COMPANY (Continued) STREET - JAMES YARBROUGH TRf 111.000.68.542.90.49.00 299.0( E STORM - ADAM GOLSHANARA, LUI a 422.000.72.531.90.43.00 1,196.0( 10.5% Sales Tax 3 511.000.77.548.68.49.00 31.4( 10.5% Sales Tax 111.000.68.542.90.49.00 31.4( Y 10.5% Sales Tax 422.000.72.531.90.43.00 125.5 , 00106651 STORM, FLEET & STREET - ELGIN E FLEET- DAVE MYERS TRAINING 511.000.77.548.68.49.00 299.0( STREET - SKYLAR MERBACK TRAII o 111.000.68.542.90.49.00 299.0( STORM - KYLE HARRIS & RYAN HIL o 422.000.72.531.90.43.00 598.0( a 10.5% Sales Tax Q 511.000.77.548.68.49.00 31.4( N 10.5% Sales Tax N 111.000.68.542.90.49.00 0 31.4( c? 10.5% Sales Tax to 422.000.72.531.90.43.00 62.7£ N Total : 3,303.9: •� 253086 6/30/2022 078127 OWENS PUMP & EQUIPMENT INV-995865 WWTP: PO 854 PUMP LOBE KIT, Pl PO 854 PUMP LOBE KIT, PUMP SE) a� 423.000.76.535.80.48.00 4,915.1( E Freight 423.000.76.535.80.48.00 138.0( 10.5% Sales Tax Q 423.000.76.535.80.48.00 530.5 , Total : 5,583.E , 253087 6/30/2022 065051 PARAMETRIX INC 36231 WWTP: THRU 5/28/22 DESIGN SER Page: 26 Packet Pg. 97 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253087 6/30/2022 065051 PARAMETRIX INC 253088 6/30/2022 075065 PASSEY, SCOTT Voucher List City of Edmonds Invoice (Continued) 36232 May 2022 SPassey June2022 253089 6/30/2022 072507 PEACE OF MIND OFFICE SUPPORT PB060822 253090 6/30/2022 074793 PETDATA INC 253091 6/30/2022 078975 PETERSON, BECKIE TB060222 itelam JUN2022 PO # Description/Account THRU 5/28/22 DESIGN SERVICES 423.100.76.594.35.41.00 WWTP: THRU 5/28/22 CONSTRUCT THRU 5/28/22 CONSTRUCTION SEF 423.100.76.594.35.41.00 Total IIMA CONFERENCE LODGING & TR Lodging expenses IIMA Conference L 001.000.31.514.31.43.00 Travel expenses IIMA Conference Litt 001.000.31.514.31.43.00 CLAIM FOR EXPENSES -MILEAGE F Claim for Expenses- 001.000.62.524.10.43.00 Total PLANNING - PROF SVCS Planning Board Meeting Minutes- 001.000.62.558.60.41.00 PLANNING PROF SVCS Meeting notes for Tree Board- 001.000.62.558.60.41.00 Total MARCH 2O22 - EDMONDS PD MARCH 1 YR PET LICENSES - 61 001.000.41.521.70.41.00 3 REPLACEMENT TAGS 001.000.41.521.70.41.00 3 LATE FEES COLLECTED 001.000.41.521.70.41.00 Total REIMBURSE FOR TRAVEL 8.4.a Page: 27 Page: 27 Packet Pg. 98 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 28 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253091 6/30/2022 078975 PETERSON, BECKIE (Continued) Reimburse for 12 miles of errands in 001.000.11.511.60.43.00 7.0, Total: 7.0, 253092 6/30/2022 071783 PIGSKIN UNIFORMS 2022-30 EDMONDS PD - HAWLEY & DANIEL 2 JUMPSUITS - HAWLEY 001.000.41.521.22.24.00 970.0( JUMPSUIT - DANIELS 001.000.41.521.22.24.00 590.0( 8.6% Sales Tax 001.000.41.521.22.24.00 134.1 E 2022-32 EDMONDS PD - SNIFFEN PIGSKIN JUMPSUIT- SNIFFEN 001.000.41.521.10.24.00 515.0( 8.6% Sales Tax 001.000.41.521.10.24.00 44.2� Total : 2,253.4; 253093 6/30/2022 073231 POLYDYNE INC 1649525 WWTP: PO 717 POLYMER (CLARIFI PO 717 POLYMER (CLARIFLOC) 423.000.76.535.80.31.51 14,628.0( 10.5% Sales Tax 423.000.76.535.80.31.51 1,535.91 Tota I : 16,163.9' 253094 6/30/2022 068354 POWDER COATING INC 7544 POWDER COATING & SANDBLASTI POWDER COATING & SANDBLASTI 001.000.64.576.80.41.00 5,430.0( 10.5% Sales Tax 001.000.64.576.80.41.00 570.1 E Total: 6,000.1 253095 6/30/2022 068697 PUBLIC SAFETY TESTING INC 2022-360 PST AGENCY ADD ON ADD -ON FEE 001.000.22.521.10.41.00 187.0( Page: 28 Packet Pg. 99 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 253095 6/30/2022 068697 068697 PUBLIC SAFETY TESTING INC (Continued) 253096 6/30/2022 046900 PUGET SOUND ENERGY 200002411383 200007876143 200009595790 200011439656 200016558856 200016815843 200017676343 200019375639 200019895354 200020415911 8.4.a Page: 29 PO # Description/Account Amoun Total : 187.0( YOST PARK/POOL 9535 BOWDOIN m E YOST PARK/POOL 9535 BOWDOIN �a 001.000.64.576.80.47.00 3,977.3, OLD PUBLIC WORKS 200 DAYTON = OLD PUBLIC WORKS 200 DAYTON 3 421.000.74.534.80.47.00 98.7, c FIRE STATION #16 8429 196TH ST ; N FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 332.3� FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE E 001.000.66.518.30.47.00 113.6E CIVIC CENTER 250 5TH AVE N / ME o CIVIC CENTER 250 5TH AVE N / ME '@ 001.000.66.518.30.47.00 268.41 o FIRE STATION #17 275 6TH AVE N / a FIRE STATION #17 275 6TH AVE N / Q- Q 001.000.66.518.30.47.00 FLEET MAINTENANCE BAY 21105 7 N N FLEET MAINTENANCE BAY 21105 7 0 511.000.77.548.68.47.00 M 148.7E MEADOWDALE CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 E 001.000.66.518.30.47.00 125.1( .� SNO-ISLE LIBRARY 650 MAIN ST / IN SNO-ISLE LIBRARY 650 MAIN ST / IN 001.000.66.518.30.47.00 57.6( E PUBLIC WORKS CIVIC 7110 210TH ; PUBLIC WORKS CIVIC 7110 210TH 001.000.65.518.20.47.00 23.0( Q PUBLIC WORKS CIVIC 7110 210TH 111.000.68.542.90.47.00 87.4( PUBLIC WORKS CIVIC 7110 210TH 421.000.74.534.80.47.00 87.4( Page: 29 Packet Pg. 100 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 30 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253096 6/30/2022 046900 PUGET SOUND ENERGY (Continued) PUBLIC WORKS OMC 7110 210TH ; (D 423.000.75.535.80.47.10 87.4( E PUBLIC WORKS OMC 7110 210TH ; a 511.000.77.548.68.47.00 87.4( PUBLIC WORKS OMC 7110 210TH ; 3 422.000.72.531.90.47.00 87.4( 200024711901 CITY PARK BUILDING 600 3RD AVE �a CITY PARK BUILDING 600 3RD AVE Y 001.000.66.518.30.47.00 102.2' 220027305568 WWTP: 5/20-6/21/22 200 2ND AVE! 5/20-6/21/22 200 2ND AVE S, #WSl E 423.000.76.535.80.47.63 967.9E Total: 6,949.91 0 253097 6/30/2022 070955 R&R STAR TOWING 159229 CS 22-7440 - EDMONDS PD '@ TOW WHITE HYUNDAI - CS 22-744( 0 001.000.41.521.22.41.00 184.0E m 10.5% Sales Tax Q 001.000.41.521.22.41.00 19.3� " 160722 CS 22-11591 - EDMONDS PD N TOW BLACK FORD FUSION- CS 22- M 001.000.41.521.22.41.00 208.0( co 10.6% Sales Tax N 001.000.41.521.22.41.00 22.0E E Total: 433.31, @ U 253098 6/30/2022 062657 REGIONAL DISPOSAL COMPANY 0000055839 STORM - STREET SWEEPINGS STORM - STREET SWEEPINGS 422.000.72.531.10.49.00 4,169.7E Total: 4,169.7E a 253099 6/30/2022 068657 ROBERT HALF 60107637 TEMPORARY HELP WEEK ENDING OGSTON 001.000.22.518.10.41.00 2,228.5, 60151092 TEMPORARY HELP WEEK ENDING Page: 30 Packet Pg. 101 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 31 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253099 6/30/2022 068657 ROBERT HALF (Continued) OGSTON 001.000.22.518.10.41.00 1,819.1, E 60179013 TEMPORARY HELP WEEK ENDING a OGSTON 001.000.22.518.10.41.00 2,223.3E .3 60229947 TEMPORARY HELP WEEK ENDING OGSTON 001.000.22.518.10.41.00 2,310.0( Y 60241949 TEMPORARY HELP WEEK ENDING Temp Position at Customer: Grants t 001.000.31.514.23.41.00 3,086.4( 60267611 TEMPORARY HELP WEEK ENDING Temp Position at Customer: Bookkee 001.000.31.514.23.41.00 1,952.0( o Total: 13,619.41 0 253100 6/30/2022 078976 SCHROEDER, RACHEL 2006888.009 REFUND: CUSTOMER CANCELLATI a REFUND: CUSTOMER CANCELLATI Q- Q 001.000.239.200 Total: 705.0( N 253101 6/30/2022 072733 SCHWING BIOSET INC 61429512 WWTP: PO 848 CLAMP -TUBE KITS 6 M PO 848 CLAMP -TUBE KITS COUPLI to c 423.000.76.535.80.48.00 517.4, E Freight 423.000.76.535.80.48.00 _M 29.7, 61429589 WWTP: PO 848 FITTING-HYD COUF PO 848 FITTING-HYD COUPLING S( E 423.000.76.535.80.48.00 107.2E Freight 423.000.76.535.80.48.00 22.1( Q Tota I : 676.5, 253102 6/30/2022 066918 SEDOR, NORMAN 33 REIMBURSEMENT REIMBURSEMENT Page: 31 Packet Pg. 102 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 253102 6/30/2022 066918 SEDOR, NORMAN (Continued) 253103 6/30/2022 075543 SNO CO PUBLIC DEFENDER ASSOC 3723 253105 6/30/2022 037375 SNO CO PUD NO 1 PO # Description/Account 009.000.39.517.20.29.00 Total : PUBLIC DEFENSE - MAY MAY PD CONTRACT 001.000.39.515.93.41.00 Total ; 200202547 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- 111.000.68.542.64.47.00 200348233 TRAFFIC LIGHT 22000 84TH AVE W TRAFFIC LIGHT 22000 84TH AVE W 111.000.68.542.64.47.00 200386456 CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 MEADOWDALE 001.000.66.518.30.47.00 200398956 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 200468593 LIFT STATION #4 8311 TALBOT RD / LIFT STATION #4 8311 TALBOT RD / 423.000.75.535.80.47.10 200493146 MAPLEWOOD PARK IRRIGATION M MAPLEWOOD PARK IRRIGATION M 001.000.64.576.80.47.00 200611317 LIFT STATION #9 19300 80TH AVE V LIFT STATION #9 19300 80TH AVE V 423.000.75.535.80.47.10 200638609 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 200723021 TRAFFIC LIGHT 961 PUGET DR / MI TRAFFIC LIGHT 961 PUGET DR / MI 111.000.68.542.64.47.00 8.4.a Page: 32 Amoun 6,000.0( 6,000.0( E �a a a� 43,048.5( 43,048.5( U a� t 23.7z u E 2 U 39.6' o �a 73.6- a a Q 767.7� N 0 M 276.6E c N E 22.2E c a� 129.2, t �a a 197.4- 31.5� Page: 32 Packet Pg. 103 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253105 6/30/2022 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 8.4.a Page: 33 Invoice PO # Description/Account Amoun (Continued) vi 200739845 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH E 421.000.74.534.80.47.00 23.0( a 200865202 LIFT STATION #3 1529 NORTHSTRE LIFT STATION #3 1529 NORTHSTRE 423.000.75.535.80.47.10 70.2� 201236825 FISHING PIER RESTROOMS FISHING PIER RESTROOMS 001.000.64.576.80.47.00 135.9, 201265980 LIFT STATION #12 16121 75TH PL � t LIFT STATION #12 16121 75TH PL � 423.000.75.535.80.47.10 148.2E 201327111 PINE ST PARK PINE ST PARK p 001.000.64.576.80.47.00 23.7z � i 201374964 LIFT STATION #11 6811 1/2 157TH P o LIFT STATION #11 6811 1/2 157TH P a 423.000.75.535.80.47.10 24.0E Q 201431244 PEDEST CAUTION LIGHT 9301 PUC04 _. PEDEST CAUTION LIGHT 9301 PUC N 111.000.68.542.64.47.00 20.7E M 201441755 TRAFFIC LIGHT 21531 HWY 99 / ME co TRAFFIC LIGHT 21531 HWY 99 / ME N 111.000.68.542.63.47.00 166.0, E 201551744 SNO-ISLE LIBRARY 650 MAIN ST / � ; SNO-ISLE LIBRARY 650 MAIN ST / � U 001.000.66.518.30.47.00 1,119.01 201572898 TRAFFIC LIGHT 117 3RD AVE S / ME E TRAFFIC LIGHT 117 3RD AVE S / ME t 111.000.68.542.64.47.00 43.0< 201594488 LIFT STATION #15 7710 168TH PL S Q LIFT STATION #15 7710 168TH PL S 423.000.75.535.80.47.10 22.2E 201611951 TRAFFIC LIGHT 20801 76TH AVE W TRAFFIC LIGHT 20801 76TH AVE W Page: 33 Packet Pg. 104 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 34 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253105 6/30/2022 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.63.47.00 40.9E 201751476 TRAFFIC LIGHT 9932 220TH ST SW E TRAFFIC LIGHT 9932 220TH ST SW 111.000.68.542.64.47.00 a 47.0E 201782646 TRAFFIC LIGHT 901 WALNUT ST / � 3 TRAFFIC LIGHT 901 WALNUT ST / � 111.000.68.542.64.47.00 23.0( 201907862 TRAFFIC LIGHT 7133 212TH ST SW TRAFFIC LIGHT 7133 212TH ST SW Y 111.000.68.542.63.47.00 36.8E t 201942489 PUBLIC WORKS CIVIC 7110 210TH ; PUBLIC WORKS CIVIC 7110 210TH ; E 001.000.65.518.20.47.00 82.8z Z PUBLIC WORKS CIVIC 7110 210TH ; p 111.000.68.542.90.47.00 314.7� �a PUBLIC WORKS CIVIC 7110 210TH ; o L 421.000.74.534.80.47.00 314.7E a PUBLIC WORKS CIVIC 7110 210TH ; Q 423.000.75.535.80.47.10 314.7� N PUBLIC WORKS CIVIC 7110 210TH ; N 511.000.77.548.68.47.00 314.7� M PUBLIC WORKS CIVIC 7110 210TH ; to 422.000.72.531.90.47.00 314.7, N 202289120 TRAFFIC LIGHT 23801 HWY 99 / ME E TRAFFIC LIGHT 23801 HWY 99 / ME 2 U 111.000.68.542.64.47.00 66.0" }; 202289450 TRAFFIC LIGHT 21931 HWY 99 / ME TRAFFIC LIGHT 21931 HWY 99 / ME E 111.000.68.542.64.47.00 75.2' 202291662 CIVIC CENTER & FIRE STATION #1, CIVIC CENTER & FIRE STATION #1, Q 001.000.66.518.30.47.00 4,727.7, 202439246 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 1,660.1 Page: 34 Packet Pg. 105 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 35 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 253105 6/30/2022 037375 SNO CO PUD NO 1 (Continued) 202620415 MATHAY BALLINGER PARK IRRIGA (D MATHAY BALLINGER PARK IRRIGA E 001.000.64.576.80.47.00 24.4� a 202807632 TRAFFIC LIGHT 8429 196TH ST SW TRAFFIC LIGHT 8429 196TH ST SW 001.000.66.518.30.47.00 22.9� 203652151 FIVE CORNERS RESERVOIR 85191 FIVE CORNERS RESERVOIR 85191 421.000.74.534.80.47.00 138.1 204425847 LIFT STATION #2 702 MELODY LN / t LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 73.5" 220216386 PEDEST CAUTION LIGHTS 8410 MF PEDEST CAUTION LIGHTS 8410 MF p 111.000.68.542.64.47.00 65.4< �a 220547574 TRAFFIC LIGHT SR104 @ 236TH S1 o TRAFFIC LIGHT SR104 @ 236TH S1 a 111.000.68.542.63.47.00 67.3( Q 222704280 WWTP: 5/18-6/15/22 METER 10001� .r 5/18-6/15/22 METER 1000135381: 2 N 423.000.76.535.80.47.61 16,171.9, M 223189747 PEDEST CAUTION LIGHT 8326 196- to PEDEST CAUTION LIGHT 8326 196- N 111.000.68.542.64.47.00 27.8, E 223283185 UPTOWN CITY HALL - 23632 HIGHV @ Uptown City Hall - 23632 Highway 99 U 001.000.66.518.30.47.00 89.8E Total: 28,373.7E E t 253106 6/30/2022 063941 SNO CO SHERIFFS OFFICE 2022-7356 MAY 2022 - EDMONDS PD 109 BASE RATE DAYS @ 187.46EA Q 001.000.39.523.60.41.50 20,433.11 34 BOOKINGS @ $134.70 EA 001.000.39.523.60.41.50 4,579.8( 11.75 VIDEO CT HRS @ $233.12EA Page: 35 Packet Pg. 106 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 36 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253106 6/30/2022 063941 SNO CO SHERIFFS OFFICE (Continued) 001.000.39.523.60.41.50 2,621.6E Total: 27,634.6( 253107 6/30/2022 068360 SUMMIT LAW GROUP 136317 LEGAL SERVICES INVESTIGATION 001.000.22.518.10.41.00 6,416.0( 137196 LEGAL FEES INVESTIGATION 001.000.22.518.10.41.00 4,977.5( Total : 11,393.5( 253108 6/30/2022 040917 TACOMA SCREW PRODUCTS INC 180039948-00 FLEET - SUPPLIES/ SCREWS & WA FLEET - SUPPLIES/ SCREWS & WA 511.000.77.548.68.31.20 29.0E 10.5% Sales Tax 511.000.77.548.68.31.20 3.0E 180039950-00 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 86.8, 10.5% Sales Tax 111.000.68.542.64.31.00 9.11 Total : 128.0' 253109 6/30/2022 063796 TECHNOLOGY UNLIMITED INC 360883 CANON CR-L1 CHECK SCANNER Canon CR-L1 check scanner w/high 001.000.31.514.23.35.00 542.9E 10.5% Sales Tax 001.000.31.514.23.35.00 57.0 361455 ANNUAL MAINTENANCE CANON CI Annual maintenance for Canon CR-L 001.000.31.514.23.48.00 130.0( 10.5% Sales Tax 001.000.31.514.23.48.00 13.6E Total : 743.61 Page: 36 Packet Pg. 107 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 253110 6/30/2022 068105 THORSON MCDONALD WHITEMAN & 88648 253111 253112 253113 253114 6/30/2022 078968 TILBURY, VICKY 2006871.009 6/30/2022 077070 UNITED RECYCLING & CONTAINER 275626 6/30/2022 064423 USA BLUE BOOK 6/30/2022 075635 WCP SOLUTIONS 009039 'IMi11 12813933 PO # Description/Account PROF SERVICES MEBT FRAUD INVESTIGATION 001.000.22.518.10.49.00 Total REFUND: CUSTOMER CANCELLATI REFUND: CUSTOMER CANCELLATI 001.000.239.200 Total STORM - DUMP FEES STORM - DUMP FEES 422.000.72.531.10.49.00 Total ; SEWER - SUPPLIES/ MANHOLE NE SEWER - SUPPLIES/ MANHOLE NE 423.000.75.535.80.31.00 Freight 423.000.75.535.80.31.00 10.5% Sales Tax 423.000.75.535.80.31.00 WWTP: PO 855 SEALS, PH 6.00 BU PO 855 SEALS, PH 6.00 BUFFER, A 423.000.76.535.80.31.00 HACH Surcharge 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 10.5% Sales Tax 423.000.76.535.80.31.00 Total PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 8.4.a Page: 37 Amoun 1,320.0( E, 1,320.0( a a� 3 824.0( 824.0( N Y V a� t 1,562.5, . 1,562.5, 0 �a 209.7( o a a 16.7E Q N N 23.7E c Cl? 0 1,074.4, 120.2, c 39.8E t 129.6, 1,614.4( Q 1,857.5( Page: 37 Packet Pg. 108 vchlist 06/30/2022 1:24:03PM Voucher List City of Edmonds 8.4.a Page: 38 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 253114 6/30/2022 075635 WCP SOLUTIONS (Continued) 10.5% Sales Tax 001.000.64.576.80.31.00 195.0z Total: 2,052.5' 253115 6/30/2022 069691 WESTERN SYSTEMS 0000051641 E22AA-1070 - EPDXY FOR SIGNAL t E22AA-1070 - EPDXY FOR SIGNAL t 125.000.68.542.64.48.00 551.2E Freight 125.000.68.542.64.48.00 34.5� 10.5% Sales Tax 125.000.68.542.64.48.00 61.5- Total : 647.3f 253116 6/30/2022 063008 WSDOT RE 41 JZ0186 L025 E20CE/ PROJECT COSTS FOR MAl' E20CE/ PROJECT COSTS FOR MAI 112.000.68.595.33.41.00 40.1 E RE 41 JZ0605 L013 GATEWAY SIGN RELOCATION PLAT GATEWAY SIGN RELOCATION PLAI 001.000.64.576.80.41.00 200.9E Total: 241.1, 253117 6/30/2022 078389 ZENNER USA 0068344-IN WATER - INVENTORY - WATER - INVENTORY- 421.000.74.534.80.34.30 3,828.0E Freight 421.000.74.534.80.34.30 315.5' Total: 4,143.51 253118 6/30/2022 011900 ZIPLY FIBER 253-007-4989 SEAVIEW RESERVOIR TELEMETR) SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 31.1 z 253-012-9166 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 162.8E TELEMETRY CIRCUIT LINES Page: 38 Packet Pg. 109 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253118 6/30/2022 011900 ZIPLY FIBER Voucher List City of Edmonds 8.4.a Page: 39 Invoice PO # Description/Account Amoun (Continued) vi 423.000.75.535.80.42.00 302.4, 253-012-9189 WWTP: 6/25-7/24/22 AUTO DIALER E 6/25-7/24/22 AUTO DIALER - 1 VOK ca 423.000.76.535.80.42.00 41.6" a 253-014-8062 TELEMETRY CIRCUIT LINE 3 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 19.8� TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 36.9z 253-017-4360 TELEMETRY CIRCUIT LINE t TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 47.0E TELEMETRY CIRCUIT LINE 5 423.000.75.535.80.42.00 87.4< o 425-697-6502 MUSEUM ALARM LINES - 118 5TH P �a Museum Alarm Lines - 118 5th Ave N o L 001.000.66.518.30.42.00 110.3E a 425-712-0417 TELEMETRY CIRCUIT LINE Q TELEMETRY CIRCUIT LINE .r 421.000.74.534.80.42.00 N 37.4( N TELEMETRY CIRCUIT LINE M 423.000.75.535.80.42.00 37.3� c 425-712-8251 PUBLIC WORKS OMC ALARM, FAX, N PUBLIC WORKS OMC FIRE AND IN' E 001.000.65.518.20.42.00 17.7E 2 PUBLIC WORKS OMC FIRE AND IN' 111.000.68.542.90.42.00 88.8- PUBLIC WORKS OMC FIRE AND IN' E 421.000.74.534.80.42.00 74.6( PUBLIC WORKS OMC FIRE AND IN' Q 423.000.75.535.80.42.00 74.6( PUBLIC WORKS OMC FIRE AND IN' 511.000.77.548.68.42.00 99.4, 425-712-8347 CIVIC CENTER ELEVATOR PHONE Page: 39 Packet Pg. 110 vchlist 06/30/2022 1:24:03PM Bank code : usbank Voucher Date Vendor 253118 6/30/2022 011900 ZIPLY FIBER 102 Vouchers for bank code : usbank 102 Vouchers in this report Voucher List City of Edmonds 8.4.a Page: 40 Invoice PO # Description/Account Amoun (Continued) vi CIVIC CENTER ELEVATOR PHONE 001.000.66.518.30.42.00 76.6' E 425-771-5553 WWTP: 6/25-7/24/22 AUTO DIALER: a 6/25-7/24/22 AUTO DIALER - 1 BUr 423.000.76.535.80.42.00 130.2( .3 425-775-2455 CIVIC CENTER ALARM LINES 250 5 CIVIC CENTER FIRE AND INTRUSIC 001.000.66.518.30.42.00 71.4E Y 425-776-3896 FRANCES ANDERSON CENTER AL, FRANCES ANDERSON CENTER FIF t 001.000.66.518.30.42.00 144.7E Total: 1,692.7E M U Bank total : 1,233,781.6: o M Total vouchers : 1,233,781.6: o L Q 0. 21 N N O M to O N E 2 V C E t V a Page: 40 Packet Pg. 111 8.4.b vchlist 06/23/2022 4:21:22PM Bank code : usbank Voucher Date Vendor 6232022 6/23/2022 062693 US BANK Voucher List City of Edmonds Page: Invoice PO # Description/Account Amoun .-. N 1880 police ROBINSON CC 1880 06-06-22 SEMIAHMOO HOTEL - TRAINING E 001.000.41.521.40.43.00 531.8E VISTAPRINT- RECRUITING Q- 001.000.41.521.40.41.40 414.8� a) JULZ ANIMAL HOUZ - DOG FOOD 3 001.000.41.521.26.31.00 113.2, CHEWY - DOG FOOD f° 001.000.41.521.26.31.00 U) 72.5E � JULZ ANIMAL HOUZ t 001.000.41.521.26.31.00 113.2, u 1885 PD2 CC 1885 06-06-22 E DOL R U 001.000.41.521.11.49.00 30.0( o WA Ferry 001.000.41.521.40.43.00 41.8( c Fairfild Hotel Q. 001.000.41.521.40.43.00 642.5( Q Training 001.000.41.521.40.49.00 55.0( N Shell fuel M 001.000.41.521.40.43.00 N 36.2: Alaska Air 001.000.41.521.40.43.00 m 70.4' .L 2519 PD 1 CC 2519 06-06-22 3 FED EX CASE NUMBER 22-6416 c 001.000.41.521.10.42.00 21.6t E FED EX - CASE NUMBER 21-26502 001.000.41.521.10.42.00 35.2: FED EX Q 001.000.41.521.10.42.00 32.7: HOME DEPOT - BOXES 001.000.41.521.10.31.00 12.7' FED EX - CASE 21-8166, 9135, 9581 Page: 1 Packet Pg. 112 vchlist 06/23/2022 4:21:22PM Voucher List City of Edmonds 8.4.b Page: 2 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 6232022 6/23/2022 062693 US BANK (Continued) ^ 001.000.41.521.10.42.00 21.7, 4171 MCCLURE CC 4171 06-06-22 >, LYNNWOOD CHAMBER - CAREER I 001.000.41.521.40.41.40 100.0( a BANNER BUZZ 001.000.41.521.40.41.40 510.0`. 3 FRED MEYER - CAREER FAIR SUPI c 001.000.41.521.40.31.00 25.8, TAXI - TRAINING � 001.000.41.521.40.43.00 47.4E w CANVA- RECRUITING U 001.000.41.521.40.41.40 56.0( E UBER - TRAINING 0 001.000.41.521.40.43.00 41.9£ 4- APPLE STORAGE 001.000.41.521.10.31.00 0.9� > HOTEL - TRAINING o Q. 001.000.41.521.40.43.00 445.7 , MYRON MANUFACTURING Q 001.000.41.521.40.41.40 165.7,1 N 4ALL PROMOS M 001.000.41.521.40.41.40 499.5, N m 4929 DEV SVCS - US BANK CREDIT CAR c Amazon-- 001.000.62.524.10.31.00 197.4, 3 The Seattle Times- 001.000.62.524.10.49.00 67.5( American Wood Council-- 001.000.62.524.20.49.00 57.6� Amazon- Q 001.000.62.524.10.31.00 12.1 z Click2Mail (Order #14015033263)- 001.000.62.558.60.41.40 101.1 z Amazon - Page: 2 Packet Pg. 113 vchlist 06/23/2022 4:21:22PM Bank code : usbank Voucher Date Vendor 6232022 6/23/2022 062693 US BANK Voucher List City of Edmonds 8.4.b Page: 3 Invoice PO # Description/Account Amoun (Continued) ^ 001.000.62.524.10.31.00 34.2, Click2Mail (Orfder #14015131419)- >% 001.000.62.558.60.41.40 101.1 z Adobe Creative Cloud (Inv 21807777 a 001.000.62.524.10.49.00 58.5'. Adobe Creative Cloud (Inv 21809462 3 001.000.62.524.10.49.00 58.5'. Amazon- f° 001.000.62.524.10.31.00 68.9( Y MailChimp- 001.000.62.524.10.49.00 25.4, u 5401 SAUNDERS CC 5401 06-06-22 E WSU 2022 FBINAA TRAINING PAYM 2 001.000.41.521.10.49.00 157.5( 4- HOTEL - TRIANING o 001.000.41.521.40.43.00 445.7 j > 5401 REIMBURSEMENT FOR CANINE TR CREDIT FOR TARHEEL CANINE TR a 001.000.41.521.40.49.00 -450.0( Q 6252 SHOEMAKE CC 6252 06-06-22 N AMAZON HELMETS FOR WASPC G M 001.000.41.521.30.31.00 991.6E m SAFEWAY SNACKS FOR COMMUNI c 001.000.41.521.30.31.00 36.0( 6714 SNIFFEN CC 6714 06-06-22 3 76 FUEL FOR TRIP TO WASPC 001.000.41.521.40.43.00 62.9( DOUBLETREE HOTEL FOR WASPC t 001.000.41.521.40.43.00 489.5 1 cva 6748 DAWKINS CC 6748 06-06-22 Q BEST BUY - COMPUTER CHARGER 001.000.41.521.10.31.00 45.1, COSTCO FUEL 001.000.41.521.10.43.00 52.7( Page: 3 Packet Pg. 114 vchlist 06/23/2022 4:21:22PM Bank code : usbank Voucher Date Vendor 6232022 6/23/2022 062693 US BANK Voucher List City of Edmonds 8.4.b Page: 4 Invoice PO # Description/Account Amoun (Continued) ^ 76 TAHOMA EXPRESS FUEL N c 001.000.41.521.10.43.00 30.11t AMERIMART FUEL 001.000.41.521.10.43.00 63.5z Q- 6748 BEST BUY RETURN Best Buy return computer charger 3 001.000.41.521.10.31.00 -45.1, 7565 STRUM CC 7565 06-06-22 CHEVRON FUEL � 001.000.41.521.40.43.00 208.8 1 aUi HOTEL ROOM FOR TRAINING - STF U 001.000.41.521.40.43.00 664.4z E HOTEL ROOM FOR TRAINING - SHI 0 001.000.41.521.40.43.00 664.4z 7565 LITTLE CREEK RESORT CREDIT OI LITTLE CREEK RESORT CREDIT H( > 001.000.41.521.40.49.00 -211.2( 2 7573 SMITH CC 7573 06-06-22 CL a DOL - Professional License Q 001.000.41.521.11.49.00 90.0( N STREAMLIGHT M 001.000.41.521.40.31.00 39.7, AMAZON c 001.000.41.521.40.31.00 16.1, 8559 PECK CC 8559 06-06-22 3 NORTH AMERICAN RESCUE 001.000.41.521.22.35.00 521.3£ HOTEL FOR TRAINING t 001.000.41.521.40.43.00 445.7 1 M AMAZON - PLANTRONICS Q 001.000.41.521.21.35.00 277.1 £ ICE FOR AWARDS CEREMONY 001.000.41.521.10.31.00 5.9£ CAKE FOR RETIREMENT Page: 4 Packet Pg. 115 vchlist 06/23/2022 4:21:22PM Bank code : usbank Voucher Date Vendor 6232022 6/23/2022 062693 US BANK Voucher List City of Edmonds 8.4.b Page: 5 Invoice PO # Description/Account Amoun (Continued) ^ 001.000.41.521.10.31.00 75.0( ICE FOR RETIREMENT >% 001.000.41.521.10.31.00 5.9f SHOES FOR MORRIS a 001.000.41.521.22.24.00 203.0( 9573 BUSINESS PRIME MEMBERSHIP, L 3 Amazon Prime Business Annual Merr c 001.000.39.518.61.49.00 1,435.4( cu ENOM Domain Name registration - � 512.000.31.518.88.49.00 9.6( aUi Duo.com - MFA monthly qty 100- U 512.000.31.518.88.49.00 300.0( E Austin Marriott - lodging at GFOA 0 001.000.31.514.20.43.00 1,442.0E 9644 USPS PASSPORT POSTAGE c USPS PASSPORT POSTAGE > 001.000.23.512.51.42.00 44.7E " 9821 GREENMUN CC 9821 06-06-22 CL a APPLE -STORAGE Q 001.000.41.521.40.31.00 0.9� N DJI - REFUND ISSUED ON NEXT Sl M 001.000.41.521.22.31.00 276.2E m HOTEL - TRAINING c 001.000.41.521.40.43.00 489.5 � TRANSUNION 3 001.000.41.521.40.31.00 82.8f SEATTLE DRONE REPAIR E 001.000.41.521.10.42.00 42.3( HOME DEPOT +a 001.000.41.521.10.42.00 14.31 Q CPR TRAINING 001.000.41.521.40.49.00 109.0( NORTH AMERICAN RESCUE 001.000.41.521.22.31.00 1,323.7( Page: 5 Packet Pg. 116 vchlist 06/23/2022 4:21:22PM Voucher List City of Edmonds 8.4.b Page: 6 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 6232022 6/23/2022 062693 US BANK (Continued) ^ HARBOR FREIGHT N c 001.000.41.521.22.35.00 270.7( DRONE NERDS 001.000.41.521.22.35.00 418.8' Q- HOME DEPOT 001.000.41.521.22.35.00 112.9' 3 AMAZON c 001.000.41.521.40.35.00 17.4( f° AMAZON Y 001.000.41.521.22.35.00 U 492.9, t AMAZON U 001.000.41.521.22.31.00 300.4£ E AMAZON �° 001.000.41.521.22.35.00 U 894.4( o AMAZON - DRONE VEHICLE 001.000.41.521.22.31.00 M 56.3: c AMAZON - DRONE Q. 001.000.41.521.22.31.00 19.8£ Q 9821 DJI REFUND ON ACCOUNT �— DJI REFUND ON ACCOUNT N N 001.000.41.521.22.31.00 -276.2f A BID-9798 BID/ED! CREDIT CARD MAY 2022 N m BID/ED! Branding Iron Ballot Printing 140.000.61.558.70.41.00 377.4� .= BID/ED! Signs.com Sample Pack 3 140.000.61.558.70.31.00 7.7z BID/ED! Facebook Ads for April E 140.000.61.558.70.41.40 555.7'. BID/ED! Zoom subscription for June 140.000.61.558.70.49.00 16.5( Q Total: 18,644.4' 1 Vouchers for bank code : usbank Bank total : 18,644.4' 1 Vouchers in this report Total vouchers : 18,644.4' Page: 6 Packet Pg. 117 8.4.b vchlist 06/23/2022 4:21:22PM Bank code : usbank Voucher Date Vendor Voucher List City of Edmonds Invoice PO # Description/Account Page: Amoun Page: 7 Packet Pg. 118 8.4.c vchlist 06/30/2022 1:57:21 PM Bank code : usbank Voucher Date Vendor 6302022 6/30/2022 062693 US BANK Voucher List City of Edmonds Page Invoice PO # Description/Account Amoun . . ui 0881 UTM CC MAY 2022 c NCSC Registration 12/5-12/7/22 E 001.000.23.512.51.49.00 750.0( NCSC Hotel Adv Dep a 001.000.23.512.51.43.00 133.7� .� NAPCO Registration 8/21-8/24/22 3 001.000.23.512.51.49.00 600.0( c Costco - Office Supplies `6 001.000.23.512.51.31.00 114.9E NAPCO Hilton Advance Deposit 001.000.23.512.51.43.00 175.7; u 4729 EHLERT CC 4729 06-06-22 E AMAZON ORDER - LOCKER ROOM 2 001.000.41.521.10.31.00 44.1� c AMAZON - LOCKER ORGANIZATIOI' 'R 001.000.41.521.10.31.00 29.8, c AMAZON - LOCKER ROOM 0- 001.000.41.521.10.31.00 201.8" Q AMAZON - AWARDS/CERTIFICATE: 001.000.41.521.10.31.00 34.1 £ N AMAZON- ANNUAL AWARDS c 001.000.41.521.10.31.00 eM 158.4( m PENS - RETIREMENT BOOK 001.000.41.521.10.31.00 8.8' 3 C&M TROPHY - PLAQUES FOR ANC r 001.000.41.521.10.31.00 529.9, AMAZON - SERVICE SUPPLIES E 001.000.41.521.10.31.00 96.1, U QFC-ANNUALAWARDS 001.000.41.521.10.31.00 90.5� Q AMAZON-ANNUALAWARDS 001.000.41.521.10.31.00 66.0( AMAZON - LAPTOP CASES 001.000.41.521.10.31.00 67.5� Page: 1 Packet Pg. 119 vchlist 06/30/2022 1:57:21 PM Bank code : usbank Voucher Date Vendor 6302022 6/30/2022 062693 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds 8.4.c Page: 2 Invoice PO # Description/Account Amoun (Continued) Total: 3,101.91 ui c Bank total : 3,101.91 E Total vouchers : 3,101.9' a a� L 3 c U a� U E 2 U 4- 0 �a 0 L Q a N N O M to O d L 3 r c m E M U �a a Page: 2 Packet Pg. 120 PROJECT NUMBERS (By Project Title) Protect Title 175th St. SW Slope StabilizatioGA 2019 Sewerline Replacement Project e Pm 2019 Swedish Waterline Replacement A�affic Calmi� 2019 Utility Rate & GFC UpdE r019 Waterline Overlay Engineering Protect Protect Accounting Funding Number Number E21FB c560 EBGA = EBFQ EBJA E8,113 c516 SWR c523 WTR s020 UTILITIES i043 2019 Waterline Replacement E7JA c498 WTR 1020 Guardrail Installations ESM6 ST 2020 Overlay Program EOCA i042 STR E0DB STR 2020 Pedestrian Task Force EODA s024 STR affic Calmi EOAC 2020 Traffic Signal Upgrades E0A13 i047 STR 2020 Waterline Overlay 2021 Guardrail Installations E21AB i057 STR 1C STR 2021 Pedestrian Task Force E21 DB i062 STR 2021 Sewer E21 CC SWR i 2021 Stormwater Overlay Program E21 CD i061 STM 2021 Traffic Calming i056 STA 2021 Waterline Overlay Program E21CB i059 WTR kQ22 Guardrail Program C i073 2022 Overlay Program E22CA i063 STR bL i072 STR 2022 Sewerline Overlay Program E22CC i065 STR 22 Signal Upgrade 2022 Stormwater Overlay Program E22CD i066 STR ro-22 Traffic Calming Program E22AB 2022 Utility Rate and GFC Study E22NB s030 UTILITIES k022 Waterline Overlay Program E22CB K064 STR 2023 Overlay Program _ E23CA i074 STR 2023 Sew r Pr E23CC i076 2023 Stormwater Overlay Program E23CD i077 STM 023 Waterline Overt o 220th Adaptive 6th Ave Overlay (196th St. to OVD) EBAB i028 STR ui c m E M a L c M U) m z E M 0 0 0 a a Q Revised 6/29/2022 Packet Pg. 121 PROJECT NUMBERS (By Project Title) Engineering Proiect Project Title Proiect Accounting Number Number 76th Ave W & 220th St. SW Intersection Improvements EBCA i029 76th Ave W at 212th S�Intersection Improvements 84th Ave W Overlay from 220th to 212th aCurb Ramp 8.4.d Funding STR E1CA c368 STR EBCC i031 STR Admiral Way Pedestrian Crossing E9DA i040 STR allinger Regional Facility Pre -Design c E E Citywide Bicycle Improvements Project EODC i050 STR a Ltywide CIPP Sewer Rehab Phase III ;v Citywide Pedestrian Crossing Enhancements E7DC i026 STR c Protected/Pe rr psive E6AB Civic Center Playfield (Construction) EOMA c551 PRK 0 St. Utility Replacement Street Stormwater Pump Station Edmonds Fishing Pier Rehab Edmonds Marsh Water Quality Project Elm St. Waterline Replacement Ww—ay Walkway 9th Ave Five Corners Reservoir Re -coating Hwy 99 Gateway Revitalizati Hwy 99 Revitalization Stage 3 (244th-238th m z Ave to 9th Ave) ESJB c482 WTR 0 E4MB c443 FAC 0 a a E21JB c561 WTR Q 1DA TR N ESKA c473 WTR M Hwy 99 Revitalization Stage 4 (224th-220th) Lake Ballinger Associated Projects Lake Ballinger Trunk Sewer Study Lift Station #1 Basin & Flow Study = Mlle Creek Restoration Minor Sidewalk Program PDES (Students Saving Salmon) Official Street Map & Sidewalk Plan Update 1VD Slope Repair & Stabilization Perrinville Creek Flow Reduction Improvements r Perrinville Creek Recovery Stu Phase 10 Sewerline Replacement Project Water Utility Replace Phase 12 Annual Water Utility Replacement Phase 13 Waterline Replacement Project Phase 2 Annual Storm Utility Replacement Project E22CE i067 STR E4FD c436 STM WR E4GC c461 SWR B aW So E6DD i017 STR E7FG 11mo EONA s025 GF m105 XSTM E20FC c552 STM STM E22GA c566 SW R E21JA c558 WTR EOFB c547 STM Revised 6/29/2022 Packet Pg. 122 PROJECT NUMBERS (By Project Title) Protect Title Phase 3 Storm Utility Replacement Project Phase 4 Storm Utility Replacement Project I Sewer Replace Phase 9 Annual Sewer Replacement Project Engineerinq Proiect Number F21FD Protect Accounting Funding Number c563 E22FA c567 STM OG E21 GA c559 SW R W Concrete Regrade & Drainage Sou Sanitary Sewer and Stormwater Pipe Rating Services E21GB c562 SWR c eaview Park Infiltration Facility Phase 2 EOFA STM E a SR 104 Adaptive Systems (136th-226th_ E22CG i069 STR L SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE Standard Details Updates ESNA solo UTILITIES c Emwater AL AL E6FD Sunset Walkway Improvements E1 DA c354 STR 0 nds reserve Policies Study s029 Waterfront Development & Restoration (Construction) E7MA c544 PRK o Eaterfront Development & Restoration (Design) Waterfront Development & Restoration (Pre - Design) E7MA m103 PRK a a Pillow Creek Daylighting/Edmonds Marsh Restoration 47Fc435 TM Q Yost & Seaview Reservoir Assessment Yost & Seaview Reservoir Repairs and Upgrades Yost Park Infiltration Facility EOJB s026 WTR E22JB m160 WTR i E21 FA c556 PRK Revised 6/29/2022 Packet Pg. 123 PROJECT NUMBERS (By Engineering #) Engineering Protect Protect Title Proiect Accounting Funding Number Number 020 Guardrail Installations EOAA i046 2020 Traffic Signal Upgrades EOAB i047 STIR EOAC TR 2020 Overlay Program EOCA i042 STR 02O Waterline Overlay NkTR 2020 Pedestrian Task Force EODA s024 STIR c E 2020 Pedestrian Safety Program i049 a Citywide Bicycle Improvements Project EODC i050 STIR L_ Seaview Park Infiltration Facility Phase 2 EOFA , c546 -TM 3 Phase 2 Annual Storm Utility Replacement Project E0F13 c547 STM c �nual Sewer Replacemen EOGA SWR m Phase 11 Annual Water Utility Replacement Project EOJA c549 WTR 0 E Yost & Seaview Reservoir Assessment Civic Center Playfield (Design) EOMA c536 PRK o ivic Center Playfield (Construction c551 T054M6 -E Official Street Map & Sidewalk Plan Update EONA s025 GF a Vth Ave W at 212th St SW Intersection Improvements El CA c368 STIR Q Sunset Walkway Improvements E1DA c354 76th Ave Overlay (196th c` `-''� SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 Perrinville Creek Flow ReductionWprovements 2021 Traffic Calming k021 Guardrail Installations 2021 Overlay Program 2021 Waterline Overlay Program 2021 Sewer Overlay Program 1021 Stormwater Overlay Program _ Elm Way Walkway from 8th Ave to 9th Ave IQ021 Pedestrian Task Force Yost Park Infiltration Facility 175th St. SW Slope Stabilization Perrinville Creek Recovery Study Phase 3 Storm Replacement Proiect Edmonds Marsh Water Quality Project c552 STIR STIR STIR S E21AA i056 STIR E21 CA i051 STIR E21 CB E21 CC i060 SWR E21 DA i058 STIR i06 E21 FA c556 PRK c5( STM E21 FC s028 STM Phase 9 Annual Sewer Replacement Project Sanitary Sewer and Stormwater Pipe Rating Services Phase 12 Annual Water Utility Replacement Project c563 E21FE c564 STM c559 E21GB c562 SWR INOWW—Tw Revised 6/29/2022 Packet Pg. 124 PROJECT NUMBERS (By Engineering #) 8.4.d Protect Title Elm St. Waterline Replacement 2022 Signal Upgrades 2022 Traffic Calming Program 2022 Guardrail Progrw 2022 Overlay Program 2022 Waterline Overlay Program 2022 Sewerline Overlay Program �022 Stormwater Overlay Program Engineerinq Proiect Number E21JB Protect Accounting Funding Number c561 WTR E22AA i070 STIR E22AB i071 STIR E22AC E22CA i063 STIR c E22CB i064 E22CC i065 STIR co a E22CD �0 TQ I.3v Hwy 99 Revitalization Stage 3 (244th-238th) E22CE i067 STIR wy 99 Revitalizatig0 Stage 4 (224th-220th) S c SR-104 Adaptive Systems (136th-226th) E22CG i069 STIR 22 Pedestrian Safety Phase 4 Storm Utility Replacement Project Lower Perrinville Creek Restoration z E22FA c567 STM E E22FB 0 Phase 10 Sewerline Replacement Project E22GA c566 SWR Lhase 13 Waterline Replacement Project r c565 W 0 a a Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR Q �s res Gies E22NA UTILITIES N 2022 Utilitv Rate and GFC Study E22NB s030 UTILITIES M 23 Overlay Progra 2023 Waterline Overlay Program 2023 Sewer Overlay Program 2023 Stormwater Overlay Program Will &reek Daylighting/&onds Marsh Restoration Lake Ballinger Associated Projects �et Stormw Lift Station #1 Basin & Flow Study Edmonds Fishing Pier Rehab' Lake Ballinger Trunk Sewer Study Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) Five Corners Reservoir Re -coating standard Details Updates' Hwy 99 Gateway Revitalization otected/Permissive Traffic Signal Conversion Minor Sidewalk Program tormwater Comp pdate Citywide CIPP Sewer Rehab Phase III E23CB i075 WTR E23CC MorWR E23CD i077 STM STM E4FD c436 STM STM E4GC c461 SWR EW E5GB s011 SWR E51KA c473 WTR solo UTILITIES E6AA s014 STIR E6DD i017 STIR E6GB c488 SWR Revised 6/29/2022 Packet Pg. 125 PROJECT NUMBERS (By Engineering #) Engineering Protect Protect Title Protect Accounting Funding Number Number Ltywide Pedestrian Crossing Enhancements E7DC i026 OVD Slope Repair & Stabilization E7FA m105 STM NPDE Saving Salmon) 2019 Waterline Replacement E7JA c498 WTR aterfront Development & Restoration (Design) Waterfront Development & Restoration (Construction) E7MA c544 PRK c E aterfront Development & Restoration (Pre - Design m103 a 220th Adaptive E8AB i028 STIR L_ 76th Ave W & 220th St. SW Intersection Improvements E8CA , i029 STR 3 84th Ave W Overlay from 220th to 212th E8CC i031 STIR c Ramps E8DB STIR m 2019 Storm Maintenance Project E8FC c525 STM 0 019 Sewerline Replacement Project E8GA SWR E 2019 Swedish Waterline Replacement E8JA c523 WTR o 1019 Utility Rate & GFC Update UTILITIES 2019 Traffic Calming E9AA i038 STIR STIR a a 019 Waterline Overlav WTR Q Admiral Way Pedestrian Crossing E9DA i040 STIR N Ballinger Regional Facility Pre -Design PW Concrete Regrade & Drainage South E9FA s022 STM E9MA c502 FAC Revised 6/29/2022 Packet Pg. 126 PROJECT NUMBERS (By Project Accounting #) 8.4.d Engineering Project Protect Title Project Accounting Number Number Lower Perrinville Creek Restoration E22FB a157 Sunset Walkway Improvements E1 DA c354 76th Ave W at 212th St SW Intersection Improvements E1CA c368 Willow Creek Daylighting/Edmonds Marsh Restoration E4FC c435 Lake Ballinger Associated Projects E4FD c436 Edmonds Fishing Pier Rehab E4MB c443 Dayton Street Stormwater Pump Station E41FE c455 Lift Station #1 Basin & Flow Study E4GC c461 Five Corners Reservoir Re -coating ESKA c473 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) ESJB c482 Citywide CIPP Sewer Rehab Phase III E6GB c488 Waterfront Development & Restoration (Design) E7MA c496 2019 Waterline Replacement E7JA c498 PW Concrete Regrade & Drainage South E9MA c502 2019 Sewerline Replacement Project EBGA c516 2019 Swedish Waterline Replacement EBJA c523 2019 Storm Maintenance Project EBFC c525 Civic Center Playfield (Design) EOMA c536 Waterfront Development & Restoration (Construction) E7MA c544 Seaview Park Infiltration Facility Phase 2 EOFA c546 Phase 2 Annual Storm Utility Replacement Project EOFB c547 Phase 8 Annual Sewer Replacement Project EOGA c548 Phase 11 Annual Water Utility Replacement Project EOJA c549 Civic Center Playfield (Construction) EOMA c551 Perrinville Creek Flow Reduction Improvements E20FC c552 Yost Park Infiltration Facility E21 FA c556 Phase 12 Annual Water Utility Replacement Project E21JA c558 Phase 9 Annual Sewer Replacement Project E21 GA c559 175th St. SW Slope Stabilization E21 FB c560 Elm St. Waterline Replacement E21JB c561 Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 Phase 3 Storm Utility Replacement Project E21 FD c563 Edmonds Marsh Water Quality Project E21 FE c564 Phase 13 Waterline Replacement Project E22JA c565 Phase 10 Sewerline Replacement Project E22GA c566 Phase 4 Storm Utility Replacement Project E22FA c567 Citywide Protected/Permissive Traffic Signal Conversion E6AB i015 Funding STM STIR STIR STM STM FAC STM SWR WTR WTR SWR PRK WTR FAC SWR WTR STM PRK PRK STM STM SWR WTR PRK STM PRK WTR SWR STM WTR SWR STM STM WTR SWR STM STIR ZA Revised 6/29/2022 Packet Pg. 127 PROJECT NUMBERS (By Project Accounting #) 8.4.d Engineering Project Protect Title Project Accounting Number Number Minor Sidewalk Program E6DD i017 Citywide Pedestrian Crossing Enhancements E7DC i026 220th Adaptive EBAB i028 76th Ave W & 220th St. SW Intersection Improvements EBCA i029 84th Ave W Overlay from 220th to 212th EBCC i031 ADA Curb Ramps EBDB i033 2019 Traffic Calming E9AA i038 Admiral Way Pedestrian Crossing E9DA i040 2020 Overlay Program EOCA i042 2019 Waterline Overlay E9CB i043 2020 Guardrail Installations EOAA i046 2020 Traffic Signal Upgrades EOAB i047 2020 Traffic Calming EOAC i048 2020 Pedestrian Safety Program EODB i049 Citywide Bicycle Improvements Project EODC i050 2021 Overlay Program E21 CA i051 76th Ave Overlay (196th St. to OVD) E20CB i052 2020 Waterline Overlay EOCC i053 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 2021 Traffic Calming E21 AA i056 2021 Guardrail Installations E21AB i057 Elm Way Walkway from 8th Ave to 9th Ave E21 DA i058 2021 Waterline Overlay Program E21 CB i059 2021 Sewer Overlay Program E21 CC i060 2021 Stormwater Overlay Program E21 CD i061 2021 Pedestrian Task Force E21 DB i061 2022 Overlay Program E22CA i063 2022 Waterline Overlay Program E22CB i064 2022 Sewerline Overlay Program E22CC i065 2022 Stormwater Overlay Program E22CD i066 Hwy 99 Revitalization Stage 3 (244th-238th) E22CE i067 Hwy 99 Revitalization Stage 4 (224th-220th) E22CF i068 SR-104 Adaptive Systems (136th-226th) E22CG i069 2022 Signal Upgrades E22AA i070 2022 Traffic Calming Program E22AB i071 2022 Pedestrian Safety program E22DA i072 2022 Guardrail Program E22AC i073 Funding STR STR STR STR STR STR STR STR STR WTR STR STR STR STR STR STR STR STR STR STR STR STR WTR SWR STM STR STR STR STR STR STR STR STR STR STR STR STR ZA Revised 6/29/2022 Packet Pg. 128 PROJECT NUMBERS (By Project Accounting #) 8.4.d Engineering Project Protect Title Project Accounting Funding Number Number 2023 Overlay Program E23CA i074 STR 2023 Waterline Overlay Program E23CB i075 WTR 2023 Sewer Overlay Program E23CC i076 SW R 2023 Stormwater Overlay Program E23CD i077 STM NPDES (Students Saving Salmon) E7FG m013 STM Waterfront Development & Restoration (Pre - Design) E7MA m103 PRK OVD Slope Repair & Stabilization E7FA m105 STM Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR Standard Details Updates ESNA solo UTILITIES Lake Ballinger Trunk Sewer Study ESGB s0l l SWR Hwy 99 Gateway Revitalization E6AA s014 STR Stormwater Comp Plan Update E6FD s017 STM 2019 Utility Rate & GFC Update EBJB s020 UTILITIES Ballinger Regional Facility Pre -Design E9FA s022 STM 2020 Pedestrian Task Force EODA s024 STR Official Street Map & Sidewalk Plan Update EONA s025 GF Yost & Seaview Reservoir Assessment EOJB s026 WTR Perrinville Creek Recovery Study E21 FC s028 STM Utility Funds reserve Policies Study E22NA s029 UTILITIES 2022 Utility Rate and GFC Study E22NB s030 UTILITIES ZA Revised 6/29/2022 Packet Pg. 129 PROJECT NUMBERS (By Funding) 8.4.d Engineering Project Protect Title Project Accounting Number Number Edmonds Fishing Pier Rehab E4MB c443 PW Concrete Regrade & Drainage South E9MA c502 Official Street Map & Sidewalk Plan Update EONA s025 Waterfront Development & Restoration (Design) E7MA c496 Civic Center Playfield (Design) EOMA c536 Waterfront Development & Restoration (Construction) E7MA c544 Civic Center Playfield (Construction) EOMA c551 Yost Park Infiltration Facility E21 FA c556 Waterfront Development & Restoration (Pre - Design) E7MA m103 Lower Perrinville Creek Restoration E22FB a157 Willow Creek Daylighting/Edmonds Marsh Restoration E4FC c435 Lake Ballinger Associated Projects E4FD c436 Dayton Street Stormwater Pump Station E4FE c455 2019 Storm Maintenance Project EBFC c525 Seaview Park Infiltration Facility Phase 2 EOFA c546 Phase 2 Annual Storm Utility Replacement Project EOFB c547 Perrinville Creek Flow Reduction Improvements E20FC c552 175th St. SW Slope Stabilization E21 FB c560 Phase 3 Storm Utility Replacement Project E21 FD c563 Edmonds Marsh Water Quality Project E21 FE c564 Phase 4 Storm Utility Replacement Project E22FA c567 2021 Stormwater Overlay Program E21 CD i061 2023 Stormwater Overlay Program E23CD i077 NPDES (Students Saving Salmon) E7FG m013 OVD Slope Repair & Stabilization E7FA m105 Stormwater Comp Plan Update E6FD s017 Ballinger Regional Facility Pre -Design E9FA s022 Perrinville Creek Recovery Study E21 FC s028 Sunset Walkway Improvements E1 DA c354 76th Ave W at 212th St SW Intersection Improvements E1 CA c368 Citywide Protected/Permissive Traffic Signal Conversion E6AB i015 Minor Sidewalk Program E6DD i017 Citywide Pedestrian Crossing Enhancements E7DC i026 76th Ave W & 220th St. SW Intersection Improvements EBCA i029 84th Ave W Overlay from 220th to 212th EBCC i031 ADA Curb Ramps EBDB i033 2019 Traffic Calming E9AA i038 Funding FAC FAC GF PRK PRK PRK PRK PRK PRK STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STR STR STR STR STR STR STR STR STR ZA Revised 6/29/2022 Packet Pg. 130 PROJECT NUMBERS (By Funding) 8.4.d Engineering Project Protect Title Project Accounting Number Number Admiral Way Pedestrian Crossing E91DA i040 2020 Overlay Program EOCA i042 2020 Guardrail Installations EOAA i046 2020 Traffic Signal Upgrades EOAB i047 2020 Traffic Calming EOAC i048 2020 Pedestrian Safety Program EODB i049 Citywide Bicycle Improvements Project EODC i050 2021 Overlay Program E21 CA i051 76th Ave Overlay (196th St. to OVD) E20CB i052 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE i055 2021 Traffic Calming E21 AA i056 2021 Guardrail Installations E21AB i057 Elm Way Walkway from 8th Ave to 9th Ave E21 DA i058 2021 Pedestrian Task Force E21 DB i061 2022 Overlay Program E22CA i063 2022 Waterline Overlay Program E22CB i064 2022 Sewerline Overlay Program E22CC i065 2022 Stormwater Overlay Program E22CD i066 Hwy 99 Revitalization Stage 3 (244th-238th) E22CE i067 Hwy 99 Revitalization Stage 4 (224th-220th) E22CF i068 SR-104 Adaptive Systems (136th-226th) E22CG i069 2022 Signal Upgrades E22AA i070 2022 Traffic Calming Program E22AB i071 2022 Pedestrian Safety program E22DA i072 2022 Guardrail Program E22AC i073 2023 Overlay Program E23CA i074 Hwy 99 Gateway Revitalization E6AA s014 2020 Pedestrian Task Force EODA s024 220th Adaptive EBAB i028 2020 Waterline Overlay EOCC i053 Lift Station #1 Basin & Flow Study E4GC c461 Citywide CIPP Sewer Rehab Phase III E6GB c488 2019 Sewerline Replacement Project EBGA c516 Phase 8 Annual Sewer Replacement Project EOGA c548 Phase 9 Annual Sewer Replacement Project E21 GA c559 Sanitary Sewer and Stormwater Pipe Rating Services E21 GB c562 Phase 10 Sewerline Replacement Project E22GA c566 Funding STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR STR SWR SWR SWR SWR SWR SWR SWR ZA Revised 6/29/2022 Packet Pg. 131 PROJECT NUMBERS (By Funding) 8.4.d Engineering Project Protect Title Project Accounting Funding Number Number 2021 Sewer Overlay Program E21 CC i060 SW R 2023 Sewer Overlay Program E23CC i076 SW R Lake Ballinger Trunk Sewer Study ESGB s011 SWR Standard Details Updates ESNA s010 UTILITIES 2019 Utility Rate & GFC Update EBJB s020 UTILITIES Utility Funds reserve Policies Study E22NA s029 UTILITIES 2022 Utility Rate and GFC Study E22NB s030 UTILITIES Five Corners Reservoir Re -coating ESKA c473 WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) ESJB c482 WTR 2019 Waterline Replacement E7JA c498 WTR 2019 Swedish Waterline Replacement EBJA c523 WTR Phase 11 Annual Water Utility Replacement Project EOJA c549 WTR Phase 12 Annual Water Utility Replacement Project E21JA c558 WTR Elm St. Waterline Replacement E21JB c561 WTR Phase 13 Waterline Replacement Project E22JA c565 WTR 2019 Waterline Overlay E9CB i043 WTR 2021 Waterline Overlay Program E21CB i059 WTR 2023 Waterline Overlay Program E23CB i075 WTR Yost & Seaview Reservoir Repairs and Upgrades E22JB m160 WTR Yost & Seaview Reservoir Assessment EOJB s026 WTR ZA Revised 6/29/2022 Packet Pg. 132 8.5 City Council Agenda Item Meeting Date: 07/5/2022 Confirm Appointment of Board/Commission Candidate Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History The Historic Preservation Commission currently has one "Professional" position opening. This position has been open since a retirement in 2017. The position has been advertised over the years, most recently in March of this year. Staff Recommendation Confirm the appointment of Jeremy Mitchell to Professional Position #2 of the Historic Preservation Commission. Narrative After interviewing HPC candidate Jeremy Mitchell, Mayor Nelson is recommending his appointment to the Historic Preservation Commission. Packet Pg. 133 8.6 City Council Agenda Item Meeting Date: 07/5/2022 Edmonds Citizens' Tree Board Appointment Confirmation Staff Lead: Edmonds Citizens' Tree Board Appointment Confirmation Department: Development Services Preparer: Jana Spellman Background/History The Edmonds Citizens' Tree Board was established by Ordinance 3807 in 2010 and subsequently modified by ordinances 4034 (2016) and 4067 (2017). The Tree Board consists of seven members and an alternate. The seven tree board positions, numbers one through seven, are appointed by the Councilmember holding the respective position number. The alternate member is appointed by the Council President to a term the duration of which shall coincide with the term of the Council President. All appointments must be confirmed by a majority of the full City Council. Staff Recommendation Confirmation of new Tree Board appointment by the Edmonds City. Narrative Tree Board Position #6 is vacant. The appointing Councilmember for that position Susan Paine, Council Position #6, would like to recommend Christine Eck to fill that position. The term of each of the Tree Board member positions coincides with the appointing Councilmember's term of office. Attachments: ECK, Christine (Chris)_REDACTED Packet Pg. 134 rr ■ V ■ .�wws�+l,r s�.y Citizen Board and Commission Application (PLEASE PRINT CAR TYPE) NOTE: This form is a public record and maybe subject to disclosure upon request. TREE BOARD (Board or Commission) Name: Christine (Chris) Eck Address. Edmonds, WA 98020 Dates-7-22 `,)C.l,y.• Occupational status and background: Nonprofit Executive at Volunteers of America Western Washington, i've worked in human services for six years, and prior to that was at Premera Blue Cross for a number of years in operations management and leadership Organizational affiliations: Until recently I was the Chair of the Lynnwood Planning Commission. I've also been a board member The United Way of Snohomish County, and am a member of a women's PAC. Why are you seeking this appointment?I would like to serve our Edmonds community and this sounds like a significant way to contribute. I also am passionate about preservtng our environment and doing all we can to reverse climate change. LU Lu Q What skills and knowledge do you have to meet the selection criteria?While l don't have a background in horticulture or Urban Forestry, I have been avidiy pro -environment for decades. I'm also a long-bme vegetarian, in part, for this reason. in 'L U Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmon None currently, since we moved to Edmonds mid April. N t U Y Additional comments: have a solid record of serving our community and would love the opportunity to contribute to Edmonds w as a Tree Board member. Thank you for tour consideration! E Ver{fred by POFFilfer V You moy return this form as follows: ey a -marl to: Q (ona.speflmonEed mond swa. aov Signature or US. Mail to: RECEIVED Jana Spellman Development Services Department JUN 0 �i 2022 121 50 Avenue North Edmonds, WA 98020 1)FVELOPMENT SERVI{r'ES E COUNTER Lana.spellman @edmondswa, gov Applications are due by 4:30 p.m. on Friday, June 10, 2022 Packet Pg. 135 8.7 City Council Agenda Item Meeting Date: 07/5/2022 Ordinance Repealing or Amending Certain Chapters of ECC Title 4 Licenses and adding a new Chapter related to Special Event Permits Staff Lead: City Clerk Department: City Clerk's Office Preparer: Scott Passey Background/History See June 28, 2022 agenda memorandum. Recommendation Passage of ordinance on the consent agenda. Narrative At the June 28, 2022 Council meeting, council passed the following amendments, which have been incorporated into the draft ordinance: 4.100.090(C). Permit fees and fees for the use of city resources may be waived in part or in full by the city if, in review of the application, it is found that the city sponsored event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or "for - profit" entity. Permit fees will be reduced by 50 percent for all special events in which an Edmonds -based non-profit entity is the applicant/sponsor. 2. 4.100.030(E). Council approval is required for all special events that involve right-of-way closures when they are recurring or exceed five days in length. 3. WHEREAS, the City Council has determined that adding Council approval to extended or repeated closures of public rights -of -way are in the public interest; 4. 4.12.055(C): Street vendors shall be subiect to the same regulations regarding plastic bags, non- compostable food service containers, and single -use plastic utensils that apply to retail establishments and food service businesses. Amendment #4 was refined since the June 28, 2022 meeting to more closely align with existing language in the Edmonds Municipal Code. Attachments: FINAL Ordinance Amending Title 4 ECC Licenses 7.5.2022 Packet Pg. 136 8.7.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edmonds has determined that certain Chapters of Title 4 ECC (Licenses) are obsolete and are no longer required to be maintained in the code; and WHEREAS, the City Council has determined that certain revisions to Chapters 4.12 (Peddlers, Solicitors and Street Vendors), 4.52 (Regulations for Adult Entertainment Facilities), 4.68 (Community Antenna Televisions Systems), 4.72 (Business License), 4.90 (Public Markets), and 4.98 (Constitutionally Protected Events) are needed to clarify City requirements, to reflect the repeal of other sections of Title 4, and to address the need for flexibility regarding certain constitutionally protected spontaneous demonstrations; and WHEREAS, the City Council has determined that a new chapter to Title 4 to be known as Chapter 4.100 (Special Event Permits) is needed to provide a clear and efficient process for permitting special events within the City for the benefit of its citizens; and WHEREAS, the City Council has determined that adding Council approval to extended or repeated closures of public rights -of -way are in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following Chapters of Title 4 ECC (Licenses) are hereby repealed in their entirety: 4.11 (Motor Vehicle Wreckers); 4.22 (Malt Liquor by the Keg); 4.24 (Game Licenses); 4.32 (Public Amusements); 4.40 (Public Dances); 4.44 (Teen Dance Halls); 4.48 (Cabaret Dances); 4.50 (Licensing of Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); Packet Pg. 137 8.7.a 4.60 (Taxicabs); 4.75 (Pawnbrokers); 4.80 (Aircraft Landing Permits); and 4.85 (Horse Taxis). Section 2. Chapter 4.12 ECC (Peddlers, Solicitors and Street Vendors) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike dffettgh): 4.12.010 Definitions. A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any goods or services in the city by going from house to house or from place to place or by indiscriminately approaching individuals. 1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers are included; provided, however, that this section shall not be deemed applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers in the city. 2. Any person who, while selling or offering for sale any goods, services or anything of value, stands in a doorway, any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business shall be deemed a solicitor or peddler within the meaning of this chapter, except as noted in subsection (B) of this section. B. "Street vendor" means any person who shall sell food, flowers, nonalcoholic beverages only, and/or other goods or services from either a motorized or nomnotorized mobile vending unit. C. "Motorized mobile vending unit" means a truck, van or other motorized vehicle that incorporates a kitchen or other food preparation area from which prepared or prepackaged food may be sold. D. "Nonmotorized mobile vending unit" means a cart, kiosk or other device capable of being pushed by one person, with at least two functional wheels and positive wheel -locking devices. 4.12.020 License required. A. It shall be unlawful for any person to act as solicitor, peddler or street vendor within the meaning and application of this chapter unless that person or his/her employer shall have first secured a Cijy of Edmonds business license in themanner- provided in this ehaflte��e lieenser-eq;tir-his ehapter- is in addition to a business heense that may be as required under Chapter 4.72 ECC. 1. Any person who shall sell, deliver or peddle any dairy product, meat, poultry, eel, fish, mollusk, or shellfish must first obtain a license pursuant to this chapter. 2. No licenses shall be issued or maintained for the sale of poultry or poultry products or meat or meat products which are adulterated or distributed under unsanitary conditions. 3. No licenses shall be issued for the sale of shellfish unless the vendor can produce a certificate of compliance as required by RCW 69.30.020. Packet Pg. 138 8.7.a B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws, ordinances and It; regulations, including all Snohomish County health department requirements. m C. All solicitors, peddlers or street vendors must report any sales made within the city of Edmonds to J the Department of Revenue as sales that have occurred within the city. m r 4. 1 030 r ; e fees V V W The l: er se fees F l; r ge;+erg' peddlersor- street ,e1ors shall l.o as F 11 , ,. �0 ++ � N C A. lfwesfiga4ien Fee.New applications for . oliciter peddler- of street vendor- hee„se shall l,e E c this investiga4ion fee shall be tendered only with the initial applieation ef ", m • E B. Aafmal Fee. On japittafy ist of eaeh year- all selieiter-, peddler- a -ad stfeet vender- lieenses s c M autematieally expife and be null and veid unless an annual fee ef $25.00 is paid to the eity eler4c—,- be d •shall a .., •unit,there shall also be an annual fee ofc $200.00. Asseeiated selieiter-s, peddlers and street vendefs, a -ad mobile vending tinits operated as an as 1:,.,.---A -L-11 W N N O 1. For eaeh additional sekeiting, E)r- vending tinder- a appheant's N per-sen peddling pr-ifieipal Evens° /e2. issued p r+ to s4seetie,, (B) of this seetion; .,n N N For- eaeh mobile vending tmit operated as an ao*et to an &kisfing lieensed btisiness en a site C ; —,l;.,+el„ .,,1;.,.,e-++e +1— —A 1 .,,,+1,er;-e.l F r J W „bsee+:effi r� P. Exemptions. The fell be fr-efn heense fees H shall exempt and appheations tM under- this el apter. C C d Newspaperm E • ' Q d V C 'Feligious of to C ' 'a L O J 3. Peddlers Q of >vegetables,befFies,raised,gatheFed, Z re.l,,,,e,l or manufaetured by suesueh r r, LL i, r C d E t G 2 a Packet Pg. 139 8.7.a 4. A hwviog been by to do th per -son who, after- speeifieally r-e"ested another- so ealls upon for- the displaying liter-atwe info other- per -soft ptir-pose of goods, or- giving -A�iioqfl- ah-Aolult any aftiele, thing, of se A-1 2 pr-oduet J d between the Edmonds the Port Edmonds r eity of or of and another > , stimmef > C) C) W N c 6. Notwithstanding the herein, m exemptions pr-E),vided all exempt persons must provide proof of E their identifieation by 'a exempt sta-Vds along with photo upon request a prospeetive Customer- 7. Exempt ffem besiness lieensing per -sons afe exempt only eity feqttir-ements and fritist eefilply- law, Snohomish County m with all pr-ovisions of or-dinanees and r-egulations and all applieable ,list -iet 0 , 0 0 health f4s E L d IL .r c as > W street , aL follows:Cn N N O 1. The name, address and telephone nimber- of the pfineipal applieant, fifim or- other- N organization; N lv N • , d nam and address ever- the last two year- period pr-eeeding the most r-eeefA-, V J c.� V • goods, W LU r� H :a C d S. The telephone home) the individual E name, address a -ad number- (btisiness and of aeting as ma-aagef:; d V C 6. Written for- the ffem the tenant in C approval N,ending site abutting pr-opet4j, ownef and/of ' an O J 0 oeit-yZ M B. For- the Edmonds to r eaeh per -son seheiting, peddling or- stfeet vending wit -kin eity of p.Hfsttafft a C d E t u 2 r� a Packet Pg. 140 8.7.a the following ififefmation be to the fofms w eofAfaetor-, Or- other -wise, shall provided eit-y eler-k on d provided by the .,;t„ and shall sot f .. h as t o L, s L, per -son the following: c m 1. His or- her- name, address and home telephone ntimber—, J d r 2. The telephone the fifm holding name, address and mimber- of per -son, E)r- other- or-ga-aiza4ion H ipa 1 1; o o (� , U w O 3. His or- her- age and deser-iption as r-equir-ed by the eity-, ++ general per-sonal C 4 Any facts ,-ol.,ti,,,. to ., ..,-imes ., ;„f:,m.,tio be ,- ,-011 1,,, and all conviction of sueh may the eil�y in the applieation f4m; an O E C O M , L f ; +; ;+,, to L d o „lts the os+:. to the IL c as D. the investigation, 'as a rmesult denial of listed below, the the issue the w requiring as eity elefk shall, upon payment of prmeser-ibed , Cn misrepresentation; N N O N LO o .,ti o f., 1; o,,so• 1� ' M lv 3. Within the 10 been felony dir-eetly to- C pr-evious years, eonvieted of a misdemeanor or- r-elating V , J btit not limited to, these misdemeanorms and felonies iiwolving mormal armV ,ffatid V w 4. Been felony the t"e defined in i r� ehafged with a fnisdemeanorm orm of s4seetion (D)(3) of ~ o.,tio and disposition f that L,. Fge ; still pending; C th4 C , any denied lieense the this if the E applieant a under- provisions of ehapter- may reapply and when rmeasons ferm denial no longerm exist; an V C 6. Made false i the . ,.1;.,.,t;.,n S an), or misleading statements L O E. Evet=y be to the lieense display it J peddlerm shall rmequirmed eafFy peddlerm's and along with photo Q Z L. r C payment, G1 G 2 a Packet Pg. 141 8.7.a ... +root . ndef: an the fvli ,�..:l;,-, f the pr-ea,.. 0 ,,0 0s. 4.12.055 Street vendor requirements. Any person seeking a peR*4 City of Edmonds business license for a street vendor license under the definition of this chapter shall comply with the following requirements: A. Mobile vending units may be allowed to operate within the following commercially zoned areas including unzoned property or right-of-way adjacent to or abutting commercially zoned areas: 1. Motorized and nonmotorized mobile vending units: neighborhood business (BN), community business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and BD5), commercial waterfront (CV), general commercial (CG, CG2), Firdale Village mixed -use (FVMU), medical use (MU) and public use (P). B. In addition to the licensing requirements of this chapter, any street vendor shall be required to obtain a street use permit. Application fees for street use permits are those established by the city council by resolution in its sole legislative discretion. Application fees shall be paid to the city prior to issuance of any permit. C. Street vendors shall be subject to the same regulations regarding plastic bags, non-compostable food service containers, and single -use plastic utensils that apply to retail establishments and food service businesses. GD. All advertising shall be placed on the nonmotorized mobile vending unit and will not be allowed on the street or sidewalk. Maximum sign area allowed shall be 10 square feet. DE. The vending site shall be kept clean and orderly at all times, and the vendor must provide a refuse container and is encouraged to provide containers for recycling. No portion of a vendor's inventory, sales equipment, or any other structure or equipment used in the sales or solicitation process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor upon any public street or right-of-way. Packet Pg. 142 8.7.a EF. The city reserves the right to limit the number of vending permit sites in any given area of the city. When the number of permitted mobile vendors reaches 15, a review before the city council is triggered to determine if the number of mobile vendors should be limited. The city council review may consider the needs of the public, diversity of products offered for sale, the smooth flow of pedestrian and vehicular traffic, number of complaints, and locations where the vending units are located. FG. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street vendor. FH. Street vendors shall not locate within that portion of improved street right-of-way designed for vehicular traffic or parking. Street vendors seeking to locate in improved street rights -of -way or on sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application to locate a street vendor in the street right-of-way shall require approval by the city traffic engineer and shall not interfere in any way with vehicular or pedestrian traffic or safety. I4I. No mechanical audio or noise making devices and no hawking is allowed. Hawking is the loud, repeated oral solicitation of business by the vendor or an assistant. U. Street vendors may operate in parks if they have a concession agreement with the city of Edmonds to operate on a specific park property. 3K. Street vendors are prohibited in residentially zoned areas, and unzoned property or right-of-way adjacent to or abutting the residentially zoned areas. Kb. All street vendors shall comply with all applicable Snohomish County health district requirements. EM. The applicant shall submit with his application a copy of the written approval for the vending site from the property owner when locating on private property. When locating on a sidewalk within the right-of-way, the applicant shall have written approval for the vending site from the abutting property owner and/or tenant. In the event that the property owner or tenant shall disagree, the property owner's decision shall be final. 1. In the event that the proposed site is on or abuts property owned by the city of Edmonds, the applicant shall be required to obtain the city's approval. Approvals relating to park property shall be handled as a request to let a concession under the terms of this chapter. Request for sites abutting all other public land owned by the city shall be forwarded to the city council for their review and approval. 2. In the event that the proposed site is on or abuts publicly owned property not owned by the city of Edmonds, the applicant shall be required to obtain approval from the public entity that owns the property. 3. In the event that the site for which approval is sought abuts vacant land, the applicant shall make reasonable written attempts to secure the approval of the property owner. If the applicant is unable to do so, the city may accept written proof of such attempts and issue a conditional permit. If a complaint is later received from the owner of the land, the license shall be revoked. The granting of such a conditional license shall vest no right in the applicant. Packet Pg. 143 8.7.a SIN. When locating within a parking lot of a private location, the applicant shall: 1. Identify the location the mobile vending unit will be located and provide a circulation plan. The location and circulation plan shall require approval by the city traffic engineer to ensure the vending unit will not interfere in any way with vehicular or pedestrian traffic or safety. 2. Demonstrate that the site will meet the parking requirements of Chapter 17.50 ECDC excluding the parking space(s) occupied by the mobile vending unit. NO. The maximum permissible size for any nonmotorized mobile vending unit shall be: 1. Thirty square feet for sidewalk locations; and 2. Fifty square feet for locations within the street or other public right-of-way or when located on private property. 3. In no event shall any nonmotorized mobile vending unit exceed 10 feet in length. OP. During special events held within the city where food providers are required to pay a fee to participate (such as the Edmonds Art Festival and Taste of Edmonds), no mobile vending units may be allowed to operate within one -quarter mile of the special event. ..... ---- .0 4.12.065 Soliciting and peddling restrictions. All licenses issued pursuant to this chapter shall be subject to the following time and location restrictions: A. Fourth of July Fireworks Display. For the purpose of crowd and traffic control on the Fourth of July, all soliciting after 6:00 p.m. within one mile of the official fireworks display shall take place only within the confines of the fireworks viewing area as designated by the chief of police on the Civic Center playfield. B. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a "No Peddlers" or "No Solicitors" sign or any other similar sign that communicates the occupants' desire to not be contacted by peddlers. Packet Pg. 144 8.7.a C. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. and 9:00 a.m. D. Motorized and nonmotorized mobile vending units which are located directly adjacent to residentially zoned property may not operate between the hours of 9:00 p.m. and 8:00 a.m. Motorized and nonmotorized mobile vending units not located directly adjacent to residentially zoned property may not operate between the hours of 11:00 p.m. and 6:00 a.m. 4.12.070 Carrying of license required. c,,,.> lieense A City of Edmonds business license shall be carried at all times by each solicitor, peddler or street vendor for whom issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be exhibited by any such solicitor, peddler or street vendor whenever and wherever he or she shall be requested to do so by any police officer or any person solicited. selieiter-, peddler- or- stfeet vendor- of any of the or-dinanees of the eit-Y of Edmonds. The eity 0-f- Edmonds may also revoke a lieense for- a street vendor- under- the following eenditions: eeessV:irT!�. - rrts: ��sr r�E Re !ts TM- G. Failtire to comply with the tefms of a valid stfeet use permit; Packet Pg. 145 8.7.a D. The hearing shall be de novo. The eity eetineil may affifm, r-eveFse or modify the city cleric's 4.12.090 Purchase orders — Form and content. All orders taken by licensed solicitors; or peddlers ^r street vend shall be in writing, in duplicate, stating the name as it appears on the license, the address of both the solicitor, peddler or street vendor and his or her employer, the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. 4.12.100 Penalties. Penalty for violation. p ee ictienofsaidvielaatien be ptmished as in FCC;3-58.020. AnYperson, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failingto o comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. 4.12.110 Severability. Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid. Section 3. Chapter 4.52 ECC (Regulations for Adult Entertainment Facilities), subsections .030, .060, .070, .080, .100, .110, .250 and .260, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike thr-ougk): 4.52.030 Definitions. For the purposes of this chapter, certain terms and words are defined as follows: A. "Adult entertainment" shall mean: 1. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the Packet Pg. 146 8.7.a areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse or sodomy; or c. Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. B. "Adult entertainment facilities" shall mean those businesses defined as follows: 1. "Adult arcade": a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas. 2. "Adult cabaret": a nightclub, bar, restaurant, theater or auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which features adult entertainment. 3. "Adult motel": a hotel, motel, or similar commercial establishment which: a. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America; or the establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or Packet Pg. 147 8.7.a b. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. 4. "Adult motion picture theater": a commercial establishment or drive-in theater where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America and are shown for any form of consideration. 5. "Other adult entertainment facility": any commercial establishment to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the activities of the establishment. C. "Barker" shall mean any person who is located at the entrance of or outside of an adult entertainment facility, and attempts to solicit business for the same by using voice or gestures. D. "City" shall mean the city of Edmonds, Washington. E. "Director" shall mean the administrative services director eity-eleFk, or his/he designee. F. "Employee" shall mean any and all persons, including managers, entertainers, independent contractors, renters, lessees, or sublessees, who work in or at or render any services directly related to the operation of any adult entertainment facility whether or not such person is paid compensation by the operator of said business. G. "Entertainer" shall mean any person who provides live adult entertainment in an adult entertainment facility, whether or not that person is an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not that person is nude, semi-nude or clothed. H. "Establishment" shall mean any of the following: 1. The opening or commencement of an adult entertainment facility as a new business; or 2. The conversion of an existing business, whether or not an adult entertainment facility, to an adult entertainment facility; or 3. The addition of an adult entertainment facility to any other existing adult entertainment facility; or 4. The relocation of any adult entertainment facility; or 5. An existing adult entertainment facility. Packet Pg. 148 8.7.a I. "Expressive dance" shall mean any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom -type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. J. "Manager" shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult entertainment facility. K. "Nude" or "state of nudity" shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other such substances that are easily broken down or removed and do not offer the covering intended for an "opaque covering." L. "Operator" shall mean the owner, significant stockholder or significant owner of interest, custodian, licensee, manager, or person in charge of any licensed adult entertainment facility. M. "Licensed establishment" shall mean any establishment that requires a license and that is classified as an adult entertainment facility. N. "Licensee" shall mean a person in whose name a license to operate an adult entertainment facility has been issued, as well as the individual listed as an applicant on the application for a license. O. "Person" shall mean and include any individual, firm, joint venture, partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit. P. "Semi-nude" shall mean a state of undress in which clothing completely and opaquely covers only the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Q. "Specified anatomical areas" shall mean and include any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. R. "Specified criminal activities" shall mean and include any conviction for acts which constitute sexual crimes against children, sexual abuse, rape, distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering. S. "Specified sexual activity" shall mean and include any of the following: Packet Pg. 149 8.7.a 1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or 5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection. T. "Transfer of ownership or control" shall mean and include any of the following: 1. The sale, lease, or sublease of an adult entertainment facility, or substantially all of the assets of an adult entertainment facility; or 2. The transfer of securities which constitute a controlling interest in the adult entertainment facility, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult entertainment facility, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 4.52.060 License required. A. It shall be unlawful to operate an adult entertainment facility without a valid adult entertainment facility license, issued by the city for the particular type of adult entertainment to be conducted. The license or licenses required under this chapter are in addition to a business license that may be required under Chapter 4.72 ECC. B. The administrative services director Berk, or his,4ie designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling adult entertainment facility licenses. The director of the department of planning or hWhe designee is responsible for ascertaining whether a license application for a proposed adult entertainment facility complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations. C. An application for an adult entertainment facility license shall be made on a form provided by the city. D. The completed application shall contain the following information and shall be accompanied by the following documents: Packet Pg. 150 8.7.a 1. If the applicant is an individual/sole proprietor, then the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, Social Security number and submit satisfactory proof that he/she is 18 years of age or older. 2. If the applicant is a partnership, then the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, Social Security numbers, and whether the partnership is general or limited, and a copy of the partnership agreement, if any. 3. If the applicant is a corporation, including a limited liability organization, then the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, the legal names, dates of birth, Social Security numbers of all directors, or principal stockholders, and the capacity of all officers, directors and principal stockholders; the name of the registered corporate agent, and the address of the registered office for service of process. 4. Each officer, director, or principal stockholder shall provide the administrative services director, or designee, eity e1eF 4 - with an affidavit attesting to his/her identity and relationship to the corporation. A principal stockholder shall mean those persons who own 10 percent or greater interest in the adult entertainment facility. 5. If the applicant or any other individual listed pursuant to subsection (D)(1), (2) or (3) has been convicted of a crime within a four-year period immediately preceding the date of the application, then the applicant must state the specific criminal act involved, the date of conviction and the place of conviction. 6. If the applicant or any other individual listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, then the applicant must state the name and location of the adult entertainment facility for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation. 7. If the applicant or any other entity listed pursuant to this section holds any other licenses under this chapter or any other permits or licenses from other jurisdictions, including a sexually oriented business license from another city or county, then the applicant must state the names and locations of such other permitted or licensed businesses. 8. The single classification of license for which the applicant is filing. 9. The location of the proposed adult entertainment facility, including a legal description of the property, street address, and telephone number(s), if any. 10. The applicant's mailing address and residential address. 11. Two two-inch by two-inch color photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it one such photograph of the applicant. Packet Pg. 151 8.7.a 12. The applicant and/or each corporate applicant's driver's license number, Social Security number, and his/her state or federally issued tax identification number, if any. 13. Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the chief of police or flier designee. 14. A sketch or diagram showing the configuration of the adult entertainment facility, including a statement of total floor space occupied by the establishment. The sketch or diagram must be professionally prepared and accepted by the city, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the adult entertainment facility to an accuracy of plus or minus six inches. E. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the administrative services director eil�- eler-k or hiker designee shall be grounds for suspension of a license. F. In the event the administrative services director eity ele or his/he designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment facility license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application). G. The applicant must be qualified according to the provisions of this section, and the adult entertainment facility must be inspected and found to be in compliance with health, fire, and building codes of the city. H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved. I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment facility license. J. The application form for licenses issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of his/her knowledge. 4.52.070 Investigation and application. A. Upon receipt of an application properly filed with the administrative services director eity and upon payment of the nonrefundable processing fee, the administrative services director eity elerlf or his4ie designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other city departments or other agencies responsible for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed adult entertainment facility. Packet Pg. 152 8.7.a Said investigation shall be completed within 20 days of receipt of the application by the administrative services director eivy ele or higher designee, unless circumstances support extending the investigation. If the investigation is extended, the city shall inform the applicant of the extension and the reason. The extension shall be for no longer than 10 additional days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations. B. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the administrative services director e4t�- e4er4 or hisher designee. C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.25.025. 4.52.080 Issuance of license. A. The administrative services director eit-y elerl£ or higher designee shall grant or deny an application for a license within 60 days from the date of its proper filing unless the city or applicant establishes a good reason for up to a 10-day extension as provided above. B. Grant of Application for License. 1. The administrative services director eity eleor higher designee shall grant the application unless one or more of the criteria set forth in subsection C of this section (Denial of Application for License) is present. 2. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility so that it can be easily read at any time. The license shall be valid until the end of the year. C. Denial of Application for License. The administrative services director eity eleh or higher designee shall deny the application for any of the following reasons: 1. An applicant is under 18 years of age or will be employing a person under 18 years of age. 2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assessments, or penalties assessed or imposed against him/her in relation to an adult entertainment facility. 3. An applicant has failed to provide information required by this section or the application for the issuance of the license, or has falsely answered a question or request for information on the application form. Packet Pg. 153 8.7.a 4. The applicant has failed to comply with any provision or requirement of this chapter. 5. The applicant has failed to comply with any city codes or zoning regulations, or other state or federal regulations or court order applicable to an adult entertainment facility. 6. The applicant has been convicted of a felony within the last 10 years involving an adult entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or possession of controlled substances as that term is defined in Chapter 69.50 RCW. 4.52.100 Licenses for managers and entertainers. A. No person shall work as a manager or entertainer at any adult entertainment facility without having first obtained the appropriate entertainer's or manager's license from the administrative services director ". Each such applicant shall not be required to obtain an adult entertainment facility license, but shall complete an application containing the information identified in ECC 4.52.060 (D) and comply with the same requirements and procedures as set forth in ECC 4.52.060 through 4.52.080 A nonrefundable processing fee established by resolution shall accompany the application. B. It is unlawful for any entertainer, employee or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult entertainment facility. C. The annual fee for such a license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter. D. This license expires annually on December 31 st of each year and must be renewed by January 1 st of each year. This license shall not be prorated. E. The applicant must be 18 years of age or older. 4.52.110 Due date for license fees. All licenses required by this chapter must be issued and the applicable fees paid to the administrative services director eity ele at least 14 calendar days before commencing work at an adult entertainment facility, and on an annual basis as described above. 4.52.250 Record keeping requirements. A. Within 30 days following each calendar quarter, each adult entertainment facility licensee shall file with the administrative services director eity elek a verified report showing the licensee's gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year. Packet Pg. 154 8.7.a B. Each adult entertainment facility licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. 4.52.260 Denial, suspension or revocation of license, and appeal procedures. A. When the administrative services director eity ele refuses to grant a license, or revokes the same, he/she shall notify the applicant in writing of the same, describing the reasons therefor, and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the written notice by filing a written notice of appeal with the administrative services director e containing a statement of the specific reasons for the appeal and a statement of the relief requested. B. Whenever the administrative services director eity ele has found or determined that any violation of this chapter has occurred, he/she shall issue a notice of violation and suspension or revocation ("notice") to the licensee. In addition, the administrative services director eity eleshall issue a notice of suspension or revocation to the licensee under the following circumstances: 1. Where such license was obtained by fraud or false representation of fact; 2. For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of its agents, employees or representatives, when the licensee knew or should have known of the violations committed by its agents, employees or representatives; 3. For the conviction of the licensee of any crime or offense committed at the adult entertainment facility involving prostitution, promoting prostitution or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW), or the conviction of the licensee's employees, agents or representatives of any crime or offense committed at the adult entertainment facility involving prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW). C. The notice shall include the following: 1. Name(s) of person(s) involved. 2. Description of the violation(s), including date and section of this chapter violated. 3. Description of the administrative action taken. 4. Rights of appeal as set forth above. D. The notice shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the city council if request for appeal is properly filed with the administrative services director " within 10 calendar days of receipt of the notice. Said request shall be in writing, state specific reasons for the appeal, and the relief requested. Packet Pg. 155 8.7.a E. The suspension or revocation of a license shall be effective at the end of the expiration of any appeal period, unless there is a written request for an appeal properly filed by the licensee. If there is an appeal so requested, then the revocation or suspension shall be stayed pending the outcome of the appeal. This effective date of suspension shall not apply to any fire code violation or building code violation deemed by the appropriate officials to be a serious risk to health and welfare. F. Within 10 working days of receiving a timely appeal, the administrative services director e shall forward the administrative record of the licensing decision to the city council. G. When an applicant has appealed the administrative services director eity ele decision according to the stipulations herein, the city council shall review the administrative record as soon as possible, but no later than 30 working days after the city receives the appeal. Written notice of the date, time, and place of the scheduled meeting will be given to the applicant by the administrative services director eivy ele by mailing the same, postage prepaid, to the applicant at the address shown on the license application, at least five days prior to the meeting. H. If the licensee appeals the notice to the city council, the licensee shall be afforded a reasonable opportunity to be heard as to the violation and action taken. The licensee and administrative services director e or designee shall be given an opportunity to argue the merits of the appeal before the city council. Oral argument by each party shall not exceed 10 minutes and shall be limited to the administrative record before the council. I. The city council shall uphold the administrative services director's e s decision unless it finds the decision is not supported by evidence in the administrative record. J. The city council shall issue a written decision within 10 working days of hearing the appeal. The council may uphold the administrative services director's eity elerk's decision and deny the license, overrule the administrative services director's eity decision and issue the license, or remand the matter to the administrative services director eity ele for further review and action. The administrative services director eit-y elerk shall complete further action or review within 30 working days of receiving any remand. K. A decision by the city council shall constitute final administrative review. The applicant or licensee shall be responsible for the cost of any preparation of the record for appeal. L. Either party may seek judicial review of a final decision of the city council as provided by law. Section 4. Chapter 4.68 (Community Antenna Television Systems), subsections .050, .290, .390, and .400, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike ffifetigh): 4.68.050 Acceptance. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective. Packet Pg. 156 8.7.a Within 30 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, a franchisee shall file with the administrative services director eity elerk its written acceptance of the franchise, in a form satisfactory to the city attorney, together with the bond and insurance policies required by ECC 4.68.330, Insurance, and 4.68.340, Performance bond. 4.68.290 Removal and abandonment of property of franchisee. The city may direct a franchisee to temporarily disconnect or bypass any equipment of a franchisee in order to complete street construction or modification, install and remove underground utilities, or for other reasons of public safety and efficient operation of the city. Such removal, relocation or other requirement shall be at the sole expense of a franchisee. In the event that the use of any part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise or other city ordinances or the franchise has been terminated, cancelled or has expired, a franchisee shall promptly, upon being given 10 days' notice, remove within 90 days from the streets or public places all such property and poles of such system other than any which the city may permit to be abandoned in place which permission shall not be unreasonably withheld. In the event of such removal, a franchisee shall promptly restore the street or other areas from which such property has been removed to a condition reasonably satisfactory to the city. Any property of a franchisee remaining in place 90 days after the termination or expiration of the franchise shall be considered permanently abandoned unless the franchisee has commenced removal within a reasonable time. Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the city shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property shall become that of the city, and a franchisee shall submit to the administrative services director e4t�- e4erk an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. None of the foregoing affects or limits franchisee's rights to compensation for an involuntary abandonment of its property under state or federal law. 4.68.390 Expedited review process — Competitive franchises. In accordance with the competitive franchise rule adopted pursuant to Part 76 of Title 47 Code of Federal Regulations (CFR), Section 76.41, a process for expedited review of franchise applications for a competitive franchise is hereby established. A. Application of Rule. Any application for a cable franchise agreement submitted pursuant to 47 CFR Section 76.41 to the city shall contain the requisite information set forth herein. The mayor and staff shall evaluate the application and make recommendations to the Edmonds city council based on the criteria set forth herein. Packet Pg. 157 8.7.a B. Definitions. As used in this local rule, definitions shall be as follows: 1. "Affiliated entity" or "affiliate" means any entity having ownership or control in common with the grantee, in whole or in part, including, without limitation, grantee's parent corporations and any subsidiaries or affiliates of such parent corporations. 2. "CFAR franchise applicant" or "applicant" means an applicant for a cable franchise pursuant to the provisions of the competitive franchise application rule (CFAR) set forth in Part 76 of 47 CFR Section 76.41, and includes the parent corporation, its subsidiaries and principals. 3. "City" means the city of Edmonds. 4. "Control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 5. "Interest" includes officers, directors and shareholders owning five percent or more of the CFAR franchise applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture. 6. "Model cable franchise template" means this chapter, containing standard franchise terms and conditions for cable franchises granted in the city, as the same exists or is hereafter amended through a process that will commenced in 2008. Franchises granted under the then -existing Chapter 4.68 shall expired on April 26, 2011, unless an earlier date is was established in the review process. 7. "Staff' means the persons or positions designated by the mayor for review. The term shall include any consultant hired by the city to assist in its review. 8. "Parent corporation" includes any entity with ownership or control of the CFAR franchise applicant. 9. "Principal" includes any person, firm, corporation, partnership, joint venture, affiliates, or other entity, who or which has control of or interest in a CFAR franchise applicant. 10. "Regulatory authority" includes any governmental or quasi -governmental organization or entity with jurisdiction over all or any portion of the CFAR franchise applicant or its operations C. Competitive Franchise Application Submission. A CFAR franchise applicant shall include in its application detailed written responses to the requisite information set forth in ECC 4.68.400, in addition to any information required by 47 CFR Section 76.41 (hereinafter collectively the "application"). A CFAR franchise applicant shall submit an application fee required under ECC 4.68.410 as part of its application to the city. A CFAR franchise applicant shall also provide any additional information requested by the staff that is relevant to the evaluation of the application under the criteria adopted herein and applicable law. Completed application and the application fee shall be filed with the administrative services director eity ele at the following address: Administrative Services Director City Cie Packet Pg. 158 8.7.a City of Edmonds 121 — 5th Ave. North Edmonds, WA 98020 The staff shall accept and review only those applications that include complete responses to every element of the information required herein. Submission of an application that does not include the requisite information set forth in ECC 4.68.400 and the application fee shall not commence the time period set forth in 47 CFR Section 76.41 for granting or denying an application. If the staff requests any additional information from the CFAR franchise applicant, the time period set forth in 47 CFR Section 76.41 shall be tolled from the date the information is requested until the date such information is received by the staff. The CFAR franchise applicant shall immediately submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate throughout the staff review of the application. Upon request, the staff will promptly provide access to documents or information in its possession or control that are necessary for the completion of an application; provided, that the CFAR franchise applicant does not otherwise have access to such documents or information and that such documents or information are subject to disclosure under Washington public records laws. 4.68.400 CFAR application requisites. A. Identification and Ownership Information. 1. Identification of Applicant and Proposed Franchisee. a. State the name, address, telephone number and web site (if applicable) of the applicant and the proposed franchisee (if different from applicant). b. State the name, address, primary telephone number and primary e-mail address of all individual(s) authorized to represent the applicant before the staff during their consideration of the franchise(s) requested, including the applicant's primary contact and any additional authorized contacts. 2. Business Structure. a. Corporation. i. If applicant is a corporation, please list all officers and members of the board of directors, their principal affiliations and their addresses; ii. Attach a certified copy of the articles of incorporation and bylaws of the corporation as well as certificates of good standing from the Secretary of State of the state of incorporation as well as the state of Washington; and Packet Pg. 159 8.7.a iii. State whether the applicant is directly or indirectly controlled by another corporation or legal entity. If so, attach an explanatory statement and response to subsections (2)(a)(i) and (ii) of this section concerning the controlling corporation. b. Partnership. i. If applicant is a partnership, please describe the structure of the partnership and the interests of general and limited partners. ii. State whether the applicant is controlled directly or indirectly by any corporation or other legal entity. If so, respond to subsections (2)(a)(i) and (ii) or (2)(b)(i) of this section, as applicable, concerning the controlling entity. 3. Experience. a. Current Franchises. Please list all cable systems operated by the applicant in the last five years. For each system, include name of system, address, communities served, number of subscribers, number of homes passed, date of system award, duration (start and end date) of franchise, status of construction, and percent of penetration of homes passed as of most recently available date (include date). Also include name, title, and telephone number of the system manager and authorized representative of the franchising authority. b. Pending Franchises. List communities where the applicant or any affiliate currently has a formal or informal request pending for an initial franchise, the renewal of a franchise, or the approval of a transfer of ownership. Include names of communities, date of application, date of expected action, and estimated number of homes. Also include complete contact information of an authorized representative of the franchise authority. 4. Management Structure. Attach a management/organizational chart showing the management structure of the applicant. Also, provide a similar chart showing the relationship of the applicant to all general partners, parent corporations, subsidiaries, affiliates and all other subsidiaries of parent corporation, including a brief description of each entity's relationship to the applicant. 5. Management Agreement. State whether there are any management agreements existing or proposed between the applicant and any parent corporation or affiliate related to construction and operation of the applicant's planned system in Edmonds. If yes, attach a copy of any such agreement. B. Legal Qualifications. 1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984, 47 USC Section 533 (a), and applicable FCC rules prohibit certain forms of media cross - ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates, controls or has an interest in any of the following, or whether the applicant holds or operates any company or business operating jointly with any of the following: a. A national broadcast television network (such as ABC, CBS or NBC, etc.). Packet Pg. 160 8.7.a b. A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city, or an application for license to operate such a station. c. A telecommunications or telephone company whose service area includes any portion of the city. If the response to any of the above is affirmative, state the name of the applicant or affiliate, the nature and percentage of ownership or interest and the company that is owned or in which the interest is held. 2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system operators to be certified by the Federal Communications Commission (FCC) as being in compliance with the equal employment opportunity requirements of Section 634(e) of the Cable Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention to apply for and abide by same. 3. Franchise Violations. State whether the applicant or any affiliate has been found in violation by a regulatory authority or franchising authority of any franchise ordinance or agreement, contract or regulation governing a cable system. If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. 4. Other Violations. State whether the applicant or any affiliate has been found in violation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type (e.g., public utility commission). If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Financial Qualifications. 1. For applicants with existing operations: provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the applicant and any parent corporation. Please provide associated operating statistics including distribution plant miles, homes passed, number of basic cable service subscribers, and number of subscribers to other tiers or services, including digital services, Internet access services, telephone services and number of premium units, for the operations corresponding to the financial statements. 2. For all applicants: provide detailed pro forma projections for both applicant's operations in the city and any regional or national planned operations of which the city is a part for the next five fiscal years from the date of the application, including balance sheets, income statements, and statements of cash flows, or, alternatively, at a minimum, detailed projected income and cash flow statements. Please include associated operating statistic assumptions for these projections including distribution plant miles, homes passed, number of basic cable service subscribers, number of subscribers to other tiers or services (e.g., digital service, high-speed Internet access service, telephone service, etc.), and number of premium units. Also, describe any other assumptions reflected in the projections, including (a) revenue assumptions, such as service rates, (b) expense assumptions, such as direct costs of service, staffing levels, or Packet Pg. 161 8.7.a anticipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built and costs per mile of construction or per subscriber, and (d) financing assumptions, such as funds to be borrowed and from whom, interest rates, and timing of repayment, or equity infusions and distributions. Please provide these projections in electronic (Excel spreadsheet) form as well as in printed form. D. Technical Qualifications, Planned Services and Operations. 1. Describe the applicant's planned initial and proposed geographic cable service area, including a map and proposed dates for offering service to each area; 2. If the applicant has or asserts existing authority to access the public right-of-way in any of the initial or proposed service areas listed in subsection (D)(1) of this section, state the basis for such authority or asserted authority and attach the relevant agreements or other documentation of such authority; 3. Describe with particularity the applicant's planned residential cable services, including basic cable services, cable programming service tiers, and any additional pay -per -view, on -demand or digital services; and the projected rates for each category or tier or service; 4. Describe with particularity the applicant's planned system technical design, upstream and downstream capacity and speed, provision for analog or digital services or packages, distribution of fiber, and planned count of households per residential node; 5. Describe with particularity the applicant's planned nonresidential cable services; 6. Describe the applicant's planned construction and extension or phase schedule, as applicable, including system extension plans or policy; describe current status of the applicant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as applicable; 7. Describe the applicant's plan to ensure that the safety, functioning and appearance of property and convenience and safety of other persons not be adversely affected by installation or construction of the applicant's facilities, and that property owners are justly compensated for any damages caused by the installation, construction, operation or removal of the facilities; also state the proposed allocation of costs of installation, construction, operation or removal of facilities between the applicant and the subscriber; 8. Describe the availability and cost of a device to enable a subscriber to block obscene or indecent programming; and 9. Describe the applicant's plan to comply with the subscriber privacy protections set forth in 47 USC Section 551. E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following minimum cable franchise standards: 1. Model Franchises. The applicant shall comply with all provisions of this chapter. Packet Pg. 162 8.7.a 2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all times comply with all applicable and lawful city laws and regulations related to use of the public ROW within the boundaries of the city. 3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable service to any group of potential residential cable subscribers in the cable service area proposed by applicant based on their income. 4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise agreed to by the city, at the franchise fee rate established by ordinance for all cable service providers in Edmonds. F. City Expectations. The applicant will provide a detailed proposal as part of its application regarding each of the below provisions to enable the city to determine whether the application meets the cable - related needs and interests of the city. 1. Build -Out. The city expects that all residents within a specified cable service area will have access to applicant's cable services consistent with all applicable local, state and federal laws and regulations. The applicant shall provide a proposal to provide access to cable services to all residents in applicant's proposed cable service area within a reasonable time period. Maps of existing franchise districts are on file with the staff s office or available by contacting the city at 425-775-2525. The staff may reconsider cable service areas proposed by applicant that overlap the geographic boundaries of existing Edmonds cable franchise districts. Applicant shall clearly specify all build -out criteria and exceptions. 2. PEG Channel Capacity. The applicant shall provide the same channel capacity as available under existing incumbent city cable franchise agreements. Channel capacity is not limited to channels currently in use but shall include all available channels under existing franchise agreements. G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule, reflects terms and conditions required of other cable operations in Edmonds as of the effective date of the CFAR. The applicant shall list any proposed amendments to the model cable franchise template and an explanation as to why the amendment should be considered by the city. These proposed amendments may either be included in this section of applicant's CFAR franchise application or shown directly on the model cable franchise template. An electronic copy of the model cable franchise template may be obtained by calling staff at 425-775-2525 or on the city's web site: www.ci.edmonds.wa.us. H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable services on its system under an open video systems ("OVS") regulatory regime, within the meaning of Section 653 of the 1934 Communications Act (47 USC Section 573). I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substantially in the form set forth below: This application of the Applicant is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct. Packet Pg. 163 8.7.a The Applicant recognizes that all representations are binding on it and that material misrepresentations or omissions, or failure to adhere to any such representation may result in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR Franchise Application by the Edmonds City Council. Consent is hereby given to the staff and their representatives or agents to make inquiry into the legal character, technical, financial and other qualifications of the Applicant by contacting any persons or organizations named herein as references, or by any other appropriate means. The Applicant recognizes that information submitted is open to public inspection and subject to the Washington Public Records Law. We advise the Applicant to be familiar with the Washington Public Records Act at Chapter 42.56 RCW. The Applicant should specifically identify any information which the Applicant has deemed proprietary, the Staff, as appropriate, will tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Applicant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City of Edmonds and the staff from any claim for disclosure including but not limited to expenses including out-of-pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or the staff for the attorney fees of the party requesting disclosure. Name of Applicant's Authorized Representative: Affiant's Signature: Official Position: Date: NOTARIZATION Subscribed and sworn before me this of , 20 Notary Public for Washington: My Commission expires: J. Application Fee. The application fee to cover the reasonable cost of processing application is set forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the application fee shall be considered a deposit against payment or reimbursement of the city's costs. K. Review Process. 1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall review the application to ensure all requisite information is included in the application. a. If the application is not complete, staff will notify the applicant in writing within 10 business days, listing the requisite information that is required to complete the application and notifying the applicant that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will not begin to run until such information is received. Packet Pg. 164 8.7.a b. If the application is complete, staff will notify the applicant in writing within five business days by certified mail that all requisite information has been received. 2. Staff Review. Staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional information from the applicant, staff will promptly request the information from the applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will be tolled until such information is received by the staff. After completing the review, staff shall provide an analysis of the application and recommendations to the Edmonds city council. 3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a public hearing to provide the applicant and residents in the proposed cable service area prompt notice and an opportunity to comment on any CFAR franchise application. Notice requirements for public hearings shall be provided 10 business days in advance; provided, however, that the administrative services director eit-y elerl£ may shorten or alter these requirements as needed to meet the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant and the staff agree to extend the deadline. 4. Review Criteria. The staff may recommend to the city council denial of an application of any of the following exists: a. The applicant does not have the financial, technical, or legal qualifications to provide cable service; or b. The applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the staff or other relevant study of community needs; or c. The applicant will not meet the city's minimum reasonable build -out requirements; or d. The applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards or relevant existing city contractual obligations; or e. Applicant has made material misrepresentations or omissions, or has failed to adhere to any such representations. 5. Length of Franchise. A franchise granted under these provisions shall expire on the date established in the review process, in no event later than April 26, 2011, the same date as any underlying, nonexclusive cable franchise previously granted by the city. This franchise length has been established in order to permit full assessment of the needs of the city and its citizens as permitted by 47 USC Section 521, et seq., and the regulations promulgated thereunder as this chapter is revised. Section 5. Chapter 4.72 ECC (Business License) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike through): Packet Pg. 165 8.7.a 4.72.010 Definitions. In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A. Person. The term "person" shall include one or more persons of either- sexany gender, corporations, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or of persons licensed pursuant to this chapter. B. Business. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time. C. Engaging in Business. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 1. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (C) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 2. Without being all-inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. c. Soliciting sales. d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. £ Installing, constructing, or supervising installation or construction of real or tangible personal property. Packet Pg. 166 8.7.a g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. 1. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. 3. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting. Packet Pg. 167 8.7.a d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending, but not participating in, a "trade show" or "multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. 4. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection (C)(3) of this section. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. D. Rental Unit. The term "rental unit" shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments. E. Private Residence. The term "private residence" shall mean a separate, freestanding structure leased for residential purposes and human occupancy by one "family" as defined by ECDC 21.30.010. F. Day. The term "day" when used in this chapter shall refer to days on which the city of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by executive for business shall not constitute a "day." G. Business Licensing Service. The term "Business Licensing Service" or "BLS" means the office within the Washington State Department of Revenue providing business licensing services to the city 4.72.020 Business License Required. It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. 4.72.021 Threshold exemption. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: Packet Pg. 168 8.7.a A. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $12,000 and who does not maintain a place of business within the city, i.e., a non-resident applicant, shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. B. Nonprofit organizations or corporations with tax exempt status under 26 USC Section 501(c)(3) shall require a nonprofit business license but are exempt from a license fee. 4.72.023 Registration of transient accommodations. Repealed by Ord. 3900. 4.72.030 Procedure. A. Application for the business license shall be made to the Washington State Business Licensing Service, and must include all information required for the licenses requested, and total fees due for all licenses requested, as well as the handling fee required by RCW 19.02.075. B. The administrative services director eity ele or designee shall receive all applications for city business licenses. The administrative services director eivy ele or designee shall cause an investigation of the completed application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of receipt of the application information._ Applications may be referred to the planning and development services department, the fire department, or other governmental agencies for their review. Compliance with building zoning and other laws is the business owner's responsibility and issuance of a business license is not a guarantee of compliance or a waiver of future enforcement by the city or other agency with jurisdiction. If an application is refused, the reason for refusal shall be designated on the application. The application fee shall not be refunded, except under the following circumstances: 1. An applicant requests cancellation of a license application from the city within five business days of submitting an application to the Business Licensing Service. 4.72.040 Fee — Terms — Penalty. A. Business licenses required to be obtained pursuant to this chapter expire on the date established by the Business Licensing Service. The renewal application must be submitted to the Business Licensing Service, and must contain all information that may be required for all licenses being renewed, and the total fees due for all licenses being renewed, as well as the handling fee required by RCW 19.02.075. B. The annual amounts of fees for the city business licenses issued hereunder shall be as follows: 1. The fee for an application for a new business license for any business that is not a home occupation, as provided in ECDC 20.20.010, to be operated from any real estate within the city of Edmonds shall be $125.00; Packet Pg. 169 8.7.a 2. The fee for an application for a new business license for a new home occupation business, as provided in ECDC 20.20.010, to be operated from any residential real estate within the city of Edmonds shall be $100.00; 3. The fee for an application for a new business license for any other business conducted for, under contract with or by providing services to any person within the city, to be operated in locations outside the city limits, shall be $50.00; and 4. The fee for an application for an annual renewal of a city business license shall be $50.00 for any business operated within the city of Edmonds. 5. A nonprofit business license application shall be exempt from a license fee; provided, that the business provides proof of tax exempt status under 26 USC Section 501(c)(3). 6. The term and respective fee amount for a license may be prorated to accommodate synchronizing of the city license expiration date with the business license account expiration date established by the Business Licensing Service. C. All businesses required to renew licenses hereunder shall obtain the same and pay all fees required on or before the expiration date established by the Business Licensing Service. Any business which fails to renew and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed the penalty for such late application and/or payment required by RCW 19.02.085. Failure to renew a license within 120 days after expiration will result in the cancellation of the license. In order to continue business in the city, reapplication for the license is required as provided in this chapter. D. Repealed by Ord. 3036. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. 4.72.055 Denial of license — Hearing. In the event that a license is denied under this chapter based on the provisions of ECC 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within 10 days of the date of written denial by the city of a license application. A hearing shall be scheduled within 30 days before the hearing examiner. The hearing shall proceed in the following format: A. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the city of Edmonds. Packet Pg. 170 8.7.a B. The city shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the city of Edmonds, or the general statutes of the state of Washington. C. The applicant/appellant may then present any rebuttal testimony which it wishes to present. The hearing examiner shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County superior court in accordance with the applicable laws of the state of Washington. 4.72.060 Revocation or suspension. The mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the city to revoke or suspend said license. The applicant may then appeal by filing written notice with the administrative services director eityelerl£ or designee within 10 days of the notice of revocation or suspension. The administrative services director eity ele or deskmee shall schedule a hearing within 20 days before the hearing examiner. The licensee may appear at that time and be heard in opposition to such revocation or suspension. 4.72.065 Transfer or sale of business — New license required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Edmonds shall apply for a new business license pursuant to the procedures established by this chapter. 4.72.070 Penalty for violation. Any person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. Section T Chapter 4.90 ECC (Public Markets), subsections .020, .050, .090, and .100, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike- 4.90.020 Activities requiring a license. Packet Pg. 171 8.7.a It shall be unlawful for any person to own, use or permit property to be used as a public market until the market and site have been licensed under this chapter. No person shall then sell or offer for sale products at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market's activities unless appropriately licensed as required under another provision of this code; provided, however, that business license requirements are limited as provided in ECC 4.90.050. A special event permit under Chapter 4.100 ECC and a City of Edmonds business license under Chapter 4.72 ECC shall be required before a public market may begin operating, , pawnbr-ekeFs and dealers of seeandhand goods shall not eenduet aetivities in rat,— 1 72 ECC A. It shall be unlawful for any person to sell or offer for sale goods at a public market unless such person has been listed on the application fee of the licensee and paid the processing requirement specified herein. B. All structures employed on the site shall comply with the requirements of the State Building Code, including but not limited to the Uniform Building and Fire Code elements. C. The activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public rights -of -way, but extended hours are allowed up to 10:00 p.m. for any day of the week if the market takes place outdoors on private property or public property not located within public rights -of -way. Operational hours related to activities of the public market are not limited when the market takes place within a fully enclosed building. 4.90.050 Sponsor licensee — Business license required when. The sponsor of a market shall be required to obtain a City of Edmonds business license and a special event permit before the market may begin operating, . . ntended to sen,e as a master- heense authorizing limited business aetivities. Vendors at the markets renting or leasing space from the mastersponsor licensee are not required to have a city business license unless they engage in other business activities subject to licensing under the provisions of this title. By way of illustration and not limitation, a the following examples are offered: B—.4 business license shall be obtained by any vendor who conducts business activities beyond the premises licensed as a public market and/or outside of the time for which the license is issued. For example, a business operating from a booth on the premises licensed as a public market during the days of approved market operation shall not require a business license to conduct such activities. If, however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly licensed in accordance with the provisions of that chapter. Packet Pg. 172 8.7.a 4.90.090 Application for license. Each applicant for a license to operate a public market shall file an application with the administrative services director eity ele accompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the administrative services director eity ele and signed by the applicant. The application shall give the applicant's nonprofit organization's business address and principal business location, a copy of documents indicating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the administrative services director "shall require, the application shall be accompanied by: A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show on the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business. B. A list of each and every vendor participating or anticipated to participate in the market for which the license is sought shall be submitted to the administrative services director e . The listing shall include the vendor's name, address and business phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the administrative services director eity ele in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market). C. Provisions for event management and garbage control shall be addressed in a management plan. All tables, tents, booths, signs and other structures associated with the market shall be removed from public rights -of -way at the end of each day; provided, however, that approved outdoor storage may be provided between the close of business the day a public market is held and commencement of business the following morning on public land not located within public rights -of -way or on private property. D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The city of Edmonds encourages the use of recycling receptacles and products whenever possible. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding sidewalks and public streets. E. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080. F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan. These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, require that security personnel be provided by the public market during times and in a number designated by the police. Packet Pg. 173 8.7.a 4.90.100 Records. The named licensee sponsor of the public market shall maintain a record of all vendors participating in the event. Such record shall be available for inspection by the administrative services director e4t�- ek-Fk or a designated agent during normal business hours of city offices (that is, 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays). Section 8. Chapter 4.98 ECC (Constitutionally Protected Events) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike thraug ): Chapter 4.98 CONSTITUTIONALLY PROTECTED EVENTS / EXPRESSIVE EVENTS 4.98.010 Definitions. A. "Constitutionally protected events" or "expressive events" include any event, such as political or religious activity, intended primarily for the communication or expression of ideas, in which no fee or donation is charged as a condition of participation or attendance, and that is tejae conducted on public property or on a public right-of-way; and, also, any such event held on private property which would have a direct significant impact on traffic congestion or traffic flow to and from the event over public streets or rights -of -way; or which would significantly impact public streets or rights -of -way near the event; or which would significantly impact the need for city -provided emergency services, such as police, fire or medical aid. B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right- of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. 4.98.020 Permit required. A. A permit from the city is required for any constitutionally protected events or expressive events as defined in this chapter. Such permit shall be in lieu of any other city permit, including but not limited to special event, p street use and park use permits as they may be required by ordinance. B. Contents of Application. The applicant must file the application in writing on a form supplied by the city to the license officer, setting forth: 1. Contact information of the applicant, including but not limited to name, telephone number and address; 2. The date, time, and expected duration of the event; Packet Pg. 174 8.7.a 3. The probable number of participants; 4. The place or route of the event, including a map and written narrative of the proposed route; 5. A description of all public ways proposed to be blocked; 6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems; 7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event; 8. The number and location of portable sanitation facilities, if any; 9. A certification that the applicant will be financially responsible for any cost to the city resulting from breach of any condition of the permit; 10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event; 11. A description of the types and number of vehicles to be used in the special event; 12. Insurance and surety bond information, if any; 13. Any other additional information required to ensure public health, safety and welfare. C. A constitutionally protected event permit is not required for the following: 1. Parades, speaser-edor- rduetoa i full .aft by the t-y. Parades of the military forces of the United States of America or the State of Washington. 2. Funeral and wedding processions. 3. Groups required by law to be so assembled. 4. Gatherings of 25 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade. 5. Other similar events and activities which do not directly affect or use city services of property. D. Any person desiring to obtain a constitutionally protected event permit shall apply for such a permit by filing an application with the city at least 72 hours 69 days prior to the date on which the event is to occur. Packet Pg. 175 8.7.a E. Waiver of Application Deadline. 1. Good Cause. Upon a showing of good cause or at the discretion of the city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed. 2. Spontaneous Demonstration. The City shall waive the 72-hour application deadline in those instances in which a permit is sought for a spontaneous demonstration responding to a local, national or international event, within 72 hours after the event has occurred. F. No Fee. No application or permit fee shall be required in order to obtain a permit for a constitutionally protected event or expressive event. 4.98.030 Grounds for denial of application - Limited. No permit shall be denied by the city except upon the following_ grounds: A. The event location or desired parade route conflicts with another event for which a permit has already been issued; or B. The proposed event location or route would unreasonably prevent or block the provision of emergency services within the City of Edmonds or would unduly disturb the convenience of the public in the use of public streets and sidewalks. In the event that a permit is denied for the reasons stated in subsection A or B of this section, the City of Edmonds shall work with the applicant to find an unencumbered time, date, location, or route suitable to the applicant. The requirement of a permit for constitutionally protected events or expressive events shall not be used or administered to prevent the exercise of free speech by any individual or group of individuals so long as the event or route is reasonable as to its time, place and manner. It is the policy of the City of Edmonds to permit, encourage and promote the lawful exercise of free speech by all of it citizens regardless of the content thereof. detail; the appliea-at fails to eomplete the applieation or- to supply other- required infofmatioa or- doeuments; or- the applieant declares or shows an unwillingness or- inability to eemply with the i Packet Pg. 176 8.7.a health,4. The pr-epased event wetild engage in, adveeate, of eneetffage illegal aetivities that threaten and endanger- p4lie B. in the even� s4seetion (A)(2) E)r- (3) E)f this seetion applies, the eit-y shall offer- the appheant the oppeftunity to submit an altemative date E)r- plaee for- the proposed event before de"ing th-e rlmi 4.98.040 Permit conditions — Appeal. the time, the reasonable requirements eeneeming plaee and manner- E)f event, and stleh F-e"ir-efneffts as . . �:e�s sze!e!satis�r e!w ost .ie fi g the a +;...I f he street , gl# f . 5. Complianee with afty other- appheable federal, state or- leeal law or- r-eg-diation. B—.The applicant shall have the right to appeal the denial of a permit or a permit condition. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The hearing examiner shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper notice of appeal. The decision of the hearing examiner shall be final. 4.98.050 Revocation of permits. A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that Packet Pg. 177 8.7.a written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. pr-eteeted event pet:mit pur-sttat4 to this ehapter- unless a valid pefmit has been issued and remains in effeet for- the event. it is unlawful for- any per-sen to paAieipate in sueh an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a onee valid pet:mit has e"ir-ed or- been revoked. .eersse!srrisers. .� 4.98.070 Savings clause. If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. Section 9. Anew Chapter 4.100 (Special Event Permits) is hereby adopted to read as follows: Sections: 4.100.010 Purpose. 4.100.020 Definitions. 4.100.030 General provisions applicable to all special events. 4.100.040 Permit applications. 4.100.050 Indemnification. 4.100.060 Insurance. 4.100.070 Permit decision. 4.100.080 Appeal of permit decision. 4.100.090 Reimbursement of fees for city sponsored events. 4.100.100 Cleanup deposit. 4.100.110 Suspension and revocation. 4.100.120 Exercise of police power. 4.100.130 Violation — Penalties. 4.100.010 Purpose. Packet Pg. 178 8.7.a It is the Durnose of the City to establish a Drocess for nermittina special events that impact citv right- It; of -way, public propertyand other facilities or services. It is recognized that these special events c enhance the City of Edmonds communityprovide benefits to the citizens through the creation of 4) venues for expression and entertainment that are not normally provided as a part of governmental services. m r This Chapter is intended to supplement land use and street right-of-way regulations, to provide a ~ t� coordinated process for the regulation of certain activities to be conducted in conjunction with special v w events, and to ensure that the impacts of the special event do not unduly impact the public's health, G safety or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent unplanned disruption of public services, mitigate impacts to the extent feasible and to create a C mechanism for cost recovery without having an adverse effect on those events that contribute to the E community. C 0 E 4.100.020 Definitions. a c M A. "City sponsored event" means a special event for which the cityprovides some level of sponsorship 0 and/or support to the primary event organizer/sponsor through the use of city funds, equipment, and/or E other city resources that is not a "city contracted event." City sponsored events may also be special a events that are organized and sponsored in full by the City of Edmonds. Reimbursement for city_ resources may be required. w B. "City contracted event" means a special event that typically, takes on an ongoing annual basis and for which the City and the event organizer/sponsor enter into an event contract to apportion a resnonsibility for the event. therebv eliminating the need for the event organizer/sponsor to obtain a _n special event permit under this Chapter. Such events may be sponsored in part by the ci Examples of N .. city contracted events include the Garden Market/Summer Market, Edmonds Arts Festival, 4th of July N celebration, Oktoberfest, and Taste Edmonds. ui ti C. "Commercial special event" means an activity or occurrence sponsored and operated by one or more N y businesses that is conducted primarily for the exchange of goods or services for financial gain. Commercial special events typically occur upon private property. Examples of commercial special events include parking lot sales and tent sales, promotional events, and sidewalk sales. c� c.� w D. `Emergency response plan" means a plan detailingthe he expected actions of event management and/or public safety agencies in the event or threat of an emergency. E. `Expressive event" or "Constitutionally protect ed event" means an activity or occurrence in which c the sole or principal purpose is the expression, dissemination, or communication of political or religious C opinion, views or ideas, and for which no fee or donation is charged or required as a condition of E participation or attendance. Examples of expressive special events include political rallies, marches, a public speeches, and political demonstrations. These events are regulated by Chapter 4.98. c� F. "Fire marshal" means the city of Edmonds fire marshal or designee. T L Q G. "Parade" means a type of special event involving an organizedprocession or march of more than 25 persons or 25 objects, or any combination thereof amounting to 25, that temporarily disrupts the e,� Z public's normal use of public streets or sidewalks. c a� H. "Person" means an individual, corporation, partnership, incorporated or unincorporated association, E g organization, or other entitv or rouD of Dersons, however organized. u a Packet Pg. 179 8.7.a I. "Private" or "private event" means an event where Dersons are specifically and individuallv invited. It; It does not include an event where tickets, invitations, or announcements are available to the public. c m J. "Public" or "public event" means a special event open to the public, and includes an event where tickets, invitations, or announcements are available to the public. m r K. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side v shows, plays and other stage shows, amusement parks and any other form of diversion, pastime or w recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensing and inspection of an activity conducted under the auspices of a bona fide, accredited elementary school, middle school, m high school or college and conducted on the premises thereof in facilities previously inspected and E approved for public assembly_ m L. "Right-of-way' means, within the City of Edmonds, all public right-of-way and property granted or E reserved for, or dedicated to, public use for street purposes, together with public property granted or Q reserved for, or dedicated to, public use for walkways, paths, trails, sidewalks, and bikeways, whether C improved, unimproved, or unopened, including the air rights, sub -surface rights and easements related thereto, and over which the City of Edmonds has authority and control. E ' L d M. "Run" or "race" means a type of special event involving any race, contest or event, whether of a IL competitive or a noncompetitive nature, involving a procession of persons, whether afoot or upon any vehicle or device propelled by the human body, including but not limited to marathons, fun runs, > w walkathons, and bicycle races. a� N. "Security" means employees. or other hired Dersonnel. dedicated to maintainina order and ensurine a _n compliance with the laws of the state of Washington and ordinances of the city of Edmonds. N 0 O. "Site" has the same meaning as set forth in ECDC 21.90.090, as now or hereafter amended, and in N ui addition in the case of undeveloped property, a land area under common ownership, whether the land area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots. N y c P. "Special events" include any event which is to be conducted on public property or in a public right- m of-way; and also, any event held on private property which would have a direct significant impact on: v (a) traffic circulation to and from the event over public streets or rights -of -way; (b) public streets or w rights -of -way near the event, or (c) the need for city -provided emergency services, such as police, fire IV or medical aid, as determined by the city. It is presumed that any event on private property which 2 involves: (i) an open invitation to the public to attend; or (b) anticipated attendance by private invitation of 100 or more people is an event that will have a direct significant impact on the public streets, rights - of -way or emergency services. Special events may include, but are not limited to: fun runs and walks, c auctions, parades, carnivals, exhibitions, film/movie events, circuses, outdoor markets, and fairs. E Q Q. "Tent" means a temporary membrane structure or shelter, such as pop-up canopies, sails, and the like, odes. as defined in the current editions of the fire and buildingcodes. 4.100.030 General provisions applicable to all special events. L O J A. Permit Required. Any person desiring to conduct or operate a special event within the City of Z Edmonds shall first obtain a special event permit from the city, unless specifically exempt. It shall be unlawful for anyperson to sponsor or conduct an event or activi requiring a special event permit , without a valid special event permit. Penalties for violation of the terms of this chapter shall be as a� E specified by this chapter. u 2 a Packet Pg. 180 8.7.a B. Consistencv with Permit and Law. A special event shall be conducted as described by the special It; event permit, in accordance with the terms and conditions of the permit and in accordance with c applicable laws and regulations. J C. Public and Personal Safety. The configuration and operation of special events shall conform to m applicable laws and regulations, including provisions relating to emergency ingress and egress, barrier- r free facilities, fire prevention, health and sanitation, and the operation of vehicles and equipment. ~ p pv t� w D. Business Licenses and Taxes. As required by applicable law, special event businesses/vendors shall G have City of Edmonds business licenses and shall record, report and remit taxes. 4 c a) E. Council approval is required for all special events that involve right-of-way closures when they are E recurring or exceed five days in length. m E F. Exemptions. The following activities and occurrences shall comply with applicable laws and a regulations, but are exempt from the permit requirements of this chapter: C 1. City contracted events. E L d 2. Funerals and wedding processions. a c as 3. Garaae sales and rummaLye sales. w ns 4. Neighborhood block parties. d a Cn 5. Special event facilities. Events conducted at a facility designed for special event purposes or N at facilities where such events are normally held, such as churches, event centers, convention `" 0 centers, schools, athletic fields, auditoriums, stadiums, theaters, and the like. N Sri ti 6. Governmental activities. Activities conducted by a governmental agency acting within the y scope of its authority. 7. Re ug larly scheduled events utilizing park and recreation facilities, in accordance with the v intended use of the facility, and with park rules and policies. v w 8. A privately scheduled, non -reoccurring event upon private property in a residential zone with Lip to 100 persons attending_. a� c 9. The temporary sale of seasonal ,goods when regulated by other statutes, such as Christmas tree c sales, and peddling of farm produce. a) E a 10. Expressive events (but see Chapter 4.98 for regulations pertainingto o expressive events) c ca G. Signs. L O 1. With a special event permit application, applicants may request, and the appropriate director or J designee that would otherwise authorize such signage may authorize, the use of temporary on -site z (on -premises) and off -site (off -premises,) signs. U. c 2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious a) E to property or improvements in the vicinity of the sign. Signs shall not obstruct visibility for 2 a Packet Pg. 181 8.7.a motorists and pedestrians, nor impede access to buildings or property. The installation of signs won public property shall be subject to inspection by_the building official and/or city en ig neer. m 0 m 3. The applicant shall be responsible for installation, maintenance, and removal of all signs. 4.100.040 Permit applications. m A. The administrative services director or designee is authorized to prepare and maintain necessary w application forms and may issue written administrative policies and procedures as needed for the G implementation of this chapter. N c m B. Applications for special event permits shall be submitted to the administrative services director or E designee, a minimum of 60 days prior to a small event (less than 100 people) and a minimum of 90 days m prior to a major event (more than 100 people). If an event organizer fails to meet these timelines, the E application may still be processed if all affected departments agree process the application within the Q shortened timeframe. Factors in determining whether to allow for processing a late application will C include the impact on city resources and rights -of -way, and conflicts with other already scheduled events. E L d C. Applications for special event permits shall include written authorization of the property owner. For special events proposed upon city -owned property, the approval of a special event permit application shall constitute city authorization to conduct the event upon the property described in the permit w application. a� D. Applications for special event permits shall be on forms prepared by the administrative services cn director or designee and shall include information that any city department processingthe he application N deems necessary in the interest of the public health, safety and welfare to enable it to review the N application. The information requested shall enable the city to assess the scope of the event so as to uS evaluate the impact of the event on city resources and the community_ '.: N 4) E. Application fee(s) for special event permits are set forth in the City's adopted fee schedule. N 4.100.050 Indemnification. J v c� w Prior to the issuance of a permit for a special event, the permit applicant and authorized officer of the IV sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify and defend the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur c due to the city's sole negligence. a) E 4.100.060 Insurance. Q d Prior to the issuance of a permit for a special event, the permit applicant shall comply with the following insurance requirements: c :a L O (1) The permit applicant shall obtain commercial general liability insurance in amounts acceptable a to the ci attorney's office. Z , U. (2) Written proof of such insurance is required prior to permit issuance. The insurance policy shall E be written on an occurrence basis, shall name the city as an additional insured using ISO form CG z 20 26, or covemzc at least as broad, and shall be written for a period that includes the timeframe for m a Packet Pg. 182 8.7.a both the set-up before and the clean-up following the completion of the event. The applicant shall m provide the city and all additional insureds for this event with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 0) J (3) Liquor Liability Coverage. Liquor liabili coverage must be obtained when liquor is served as m . a part of a special event permitted under this chapter. t� (a) A vendor hired b, t�pecial event permittee to serve liquor must provide evidence of liquor w liability coverage in amounts acceptable to the city attorney's office, naming. the as additional insured. This insurance coverage is in addition to the special event permittee's overall general liability requirement. °' E c (b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of m providing commercial general liability insurance per subsection (1) of this section. Q c 4.100.070 Permit decision. N E A. After receiving a completed application in conformance with this chapter, along with the non- d refundable permit application fee, the administrative services director or designee shall consult with all a affected divisions or departments, such as Building, Planning, Engineering, Police, Fire, Public Works, Parks and Recreation, Finance, and Risk Management. Following consultation with all affected w departments and divisions, the administrative services director or designee magpprove, conditionally approve, or deny an gpplication for a special event permit based upon the provisions of this chapter. a When an application is conditionallyapproved or denied, the administrative services director or designee cn shall provide written explanation of the grounds for the conditions of approval or denial, and the N applicant's rightppeal pursuant to the provisions of this chapter. N Sri B. Decision criteria. A permit may be issued to an applicant only if all the following criteria and ti conditions for issuance are met: N m c 1. The special event will not be detrimental to the public health, safety, or welfare; m J c.� 2. The special event will not be injurious to property or improvements in the immediate vicinity v of the special event; w m 3. The special event will not endanger participants, spectators, or the public; a� c 4. The special event has a traffic management plan or other adequate and appropriate measures in place to mitigate any traffic safety and mobility issues, including for both vehicles and a) pedestrians, a a� 5. Adequate and appropriate sanitation and refuse facilities are planned; m c 6. The special event has adequate and appropriate measures in place to ensure the safe movement, O assemblage and dispersion of people attending the event. Such measures may include the use of safely guardrails, fences, ropes, barricades, and the like; a Z 7. The special event will not cause excessive or harmful fumes, odor, smoke, noise or light and must be consistent with Chapter 5.30 entitled "Noise Abatement and Control"; E z u 2 a Packet Pg. 183 8.7.a 8. The special event will comply with all applicable ordinances relating to food service containers m and utensils and provide for the appropriate collection and disposal of waste, recycling, and compostables; J 9. Adequate plans exist to return the area or routes impacted by the special event to the same condition or cleanliness as existed prior to the event; m r t� 10. Applicant has agreed to the indemnity and hold harmless provisions in the application; w 0 11. Applicant has provided proof of the requisite insurance provisions in the application; N c m 12. For city sponsored events, applicant has agreed to reimburse the city for the provision of E additional city services, including but not limited to the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection E services, as required. a c 0 4.100.080 Appeal of permit decision. L d Decisions of the administrative services director or designee are appealable. An appeal of the a administrative services director or designee's decision related to application of this chapter may be filed with the administrative services director or designee within 10 business days of notification of the w decision. Such appeal shall be filed and processed in accordance with the appeal provisions for business licenses as provided by Chapter 4.72. The appeal filing fee shall be as specified by the fee schedule. a Cn 4.100.090 Reimbursement of fees for city sponsored events. N N O A. Upon approval of a special event permit application for a citysponsored event, the administrative N services director or designee shall provide the applicant with a statement of the estimated cost of ti providing city resources, such as personnel and equipment, for the special event, if applicable. The y applicant%sponsor of the event ma,, b�quired to prepay these estimated costs ten (10) dgsprior to the 0 special event. The special event application fee per the fee schedule adopted by resolution of the city m council is a separate processing fee and is not applicable to the city services fees. City resources may J v include the use of police officers and public employees for traffic and crowd control; pickup and delivery w of traffic control devices, picnic tables, and the like; extraordinary street sweeping; and any other needed, IV requested or required city service, along with the cost of operating any equipment needed to provide such services. a� c B. If the actual cost for the use of city resources on the date(s) of the citysponsored event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. E If the actual cost for the use of city resources on the date(s) of the city sponsored event is greater than a the estimated cost, the city will invoice the applicant/sponsor for the difference, and the invoice shall be d paid in a timely manner. c° c L C. Permit fees and fees for the use of city resources may be waived in part or in full by the city if, in O review of the application, it is found that the city sponsored event is of sufficient public benefit to warrant J the expenditure of city funds without reimbursement b, t�pplicant/sponsor and would not result in z U. the private financial gain of any individual or "for -profit" entity. Permit fees will be reduced by 50 percent for all special events in which an Edmonds -based non-profit entity is the applicant/sponsor. z u 4.100.100 Cleanup deposit. a Packet Pg. 184 8.7.a A. The applicant/sponsor of a special event likely to create a substantial need for cleanup may be m required to provide a cleanup deposit prior to the issuance of a special event permit. c m B. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event within twenty-four (24,) hours after the conclusion of the event. m t� C. If the property used for the event has not been properly cleaned or restored within twenty-four (24) w hours after the conclusion of the event, the applicant/sponsor shall be invoiced for the actual cost to the city for cleanup and restoration, which invoice shall be paid in a timely manner. The cleanup deposit N shall be applied toward the payment of the invoice. E 4.100.110. Suspension and revocation. C m E Q A. In instances in which the special event does not comply with the provisions of this chapter, the terms and conditions of the approved permit, or other applicable law, the administrative services director or M designee may suspend or revoke an approved special event permit with the issuance of written findings. 0 E L d B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or a welfare, the administrative services director or designee, fire marshal, building official, development d services director or chief of police, or the designee of each, may suspend or revoke an approved special w event permit effective immediately. The city official or designee shall deliver written notice of suspension or revocation to the permit applicant/event sponsor or manager. a Cn 4.100.120 Exercise of police power. C" N N This chapter is enacted as an exercise of the ci y's police powers and shall not be construed to impose O N any duty owed by the ci to any permittee under this chapter or to any member of the public, nor shall ti , anypermit be construed as waiver of any violation of the laws of the cit. m c 4.100.130 Violation — Penalties. J A. It shall be a misdemeanor for any person to violate any of the provisions of this chapter or the v conditions imposed upon M permit issued hereunder, which shall be punishable by a fine not to exceed w one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days. Each day, or part thereof, m during which any such violations occur or are continued, shall constitute a separate offense. a� c B. In addition, permits issued hereunder shall be subject to suspension or revocation as provided herein, and civil abatement proceedings as set forth in Chapter 20.110 ECDC. d E C. In addition, or alternatively, any person violating the provisions of this chapter or the conditions of any permit issued hereunder shall also subject the permittee to a daily, civil in the amount C specified by Chapter 20.110 ECDC. 5 L D. In addition, or alternatively, any person violating the provisions of the chapter or the conditions of OJ any permit issued hereunder may forfeit their right to hold a special event in the cites Q z U. Section 10. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity a) or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, M clause or phrase of this ordinance. a Packet Pg. 185 8.7.a Section 11. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: Packet Pg. 186 8.7.a Ordinance No. as follows: On the fi 04105 El :f'L/] go '71 0[�[4 plo[Ia of the City of Edmonds, Washington day of 2022, the City Council of the City of Edmonds, passed _. A summary of the content of said ordinance, consisting of the title, provides AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2022. CITY CLERK, SCOTT PASSEY Packet Pg. 187 8.8 City Council Agenda Item Meeting Date: 07/5/2022 Resolution adding Special Event Permit Fees to the City's Fee Schedule Staff Lead: City Clerk Department: City Clerk's Office Preparer: Scott Passey Background/History See June 28, 2022 agenda memoradum. Staff Recommendation Passage of resolution on consent agenda. Narrative On June 28, 2022, the city council discussed and moved to place the attached resolution related to Special Event Permit Fees on the consent agenda. Attachments: Resolution to Amend Fee Schedule DEVELOPMENT -SERVICES -FEES 2022 Amended Packet Pg. 188 8.8.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES TO ADD FEES RELATING TO THE CITY'S SPECIAL EVENTS PERMITS. WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees charged by the city by resolution; and WHEREAS, extensive effort has been made by city staff to analyze the full costs associated with city permitting and service activities; and WHEREAS, the city council has previously established and affirms as its goal that permit fees shall be set to cover the costs of processing and issuing permits and requests for service; and WHEREAS, the city council adopted Resolution 1475 in June 2021, which adopted a schedule of fees to be charged in relation to permit issuance and other development activity; and WHEREAS, the city council has adopted Ordinance No. to document in the Edmonds City Code the requirements for obtaining permits from the city to hold Special Events; and WHEREAS, city staff has established the costs associated with issuing such permits; and WHEREAS, this resolution is intended to add the new Special Event Permit fees to the city's schedule of fees and to replace Resolution 1475; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A to this Resolution, which is incorporated herein by this reference, are hereby adopted, along with the referenced tables which are also included therein, and shall be effective on and after , 2022. Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge for service adopted or amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase, or any fee or charge adopted or amended hereby. Section 3. Resolution 1475 shall have no further effect as of , 2022 as the fees adopted by Resolution 1475 are being replaced by the fees adopted herein. Packet Pg. 189 8.8.a RESOLVED this day of 2022. CITY OF EDMONDS MAYOR, MIKE NELSON ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2 Packet Pg. 190 I 8.8.b I FEES ASSOCIATED WITH DEVELOPMENT OV E10 e k Building -Engineering - Planning - Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective January 1, 2022; ENG updated July 61" 2021 Page 1 of 13 Packet Pg. 191 GENERAL DEVELOPMENT SERVICES PERMIT FEES I 8.8.b I Building / Planning / Engineering / Fire City Technology Fee for each permit application Credit Card Transaction Fee ................................. Development Review Committee Meeting ................................................... Pre -Application Meeting................................................................................ (50% applied toward future plan check fee for that specific project only) Recording Fee (for recording documents with Snohomish County) Violation Compliance Fee $40.00 ..... 3% ............$0 $1,000.00 Recording Cost + $110.00 $250.00 or up to 5x Permit Fee Residential State Building Code Surcharge Fee........................................................................................ $6.50 ..................................................................................................................... Each additional dwelling unit $2.00 Commercial State Building Code Surcharge Fee..................................................................................... $25.00 ..................................................................................................................... Each additional dwelling unit $2.00 (not applicable to certain minor permits such as plumbing, mechanical, re -roof) PLAN REVIEW & INSPECTION FEES: Plan review is calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department. Commercial/ Multi -family/ Residential: Plan review fee includes Building, Planning, Fire & Engineering reviews General plan review fee per reviewing department/division.........................................$110.00/hr (1 hr min.) plus peer review fee if applicable Plan review for re -submittals after the 3rd review............................................................................$110.00/hr Development Project Peer Review (Peer Review).................................................................................. $110.00 plus cost of consultant review fee charged for outside consultant peer review services when City staff lacks the expertise to review a specific project or aspect of a project. General Inspection Fee per department/division Re -Inspection Fee ................................................. $110.00/ea $110.00/ea Engineering Inspection Fee*..............................................................................3.3% of Value of Improvements *Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits Stormwater Engineer Review Fee..... Transportation Engineer Review Fee Utility Engineer Review Fee .............. REFUNDS: $130.00/hr $130.00/h r $130.00/h r The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. Page 2 of 13 Packet Pg. 192 1 I 8.8.b I BUILDING PERMIT FEES Accessory Dwelling Unit Compliance(ADU).............................................................................................$405.00 Adult Family Home Compliance (AFH).....................................................................................................$550.00 Alternate Methods Review.......................................................................................... $110.00/hr+ Peer Review Appeal of Building Official Interpretation.................................................................................................$970.00 Cellular Communication and Facilities...................................................................................................... TABLE 1 Changeof Use............................................................................................................................................ $510.00 Demolition (Residential Primary Structure)..............................................................................................$300.00 Demolition (Commercial Primary Structure)............................................................................................ $500.00 Demolition (Secondary Structure or Interior Only)................................................................................... $150.00 Dock/Marina/Floats..................................................................................................................$200.00+TABLE 1 Fence..........................................................................................................................................................$100.00 Hot Tub/Spa (Single-Family)......................................................................................................................$200.00 Manufactured Coach Installation - Commercial (Federal HUD Label)....................................................$500.00 Manufactured Home Installation (Federal HUD Label)............................................................................$550.00 ParkingLot.................................................................................................................................$200.00+TABLE 1 Re -roof (Commercial).......................................................Valuation based on $2.00 per square foot +TABLE 1 Re -roof (Residential - includes sheathing)................................................................................................ $100.00 Retaining Wall (Commercial)............................................................................................ $740.00 + Peer Review Retaining Wall (Residential).............................................................................................. $300.00 + Peer Review Solar/Photovoltaic (Residential)................................................................................................................$120.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground)................................................................................$120.00 Swimming Pool (In-Ground)...................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ......................................... $330.00 SIGNS: Sign (Per sign excluding specific sign categories listed below)................................................................ $165.00 Blade Sign (Includes all blade signs in proposal)............................................................................................... $0 Pedestrian Sign (Includes all pedestrian signs in proposal)....................................................................... $80.00 PoleSign (per sign).................................................................................................................................... $825.00 Murals (Includes all murals in a proposal)................................................................................................ $165.00 *Planning ADB Design Review may apply ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee ESLHA Consultant Review Deposit at Application for Peer Completeness Review ......... Deposit at Full Application...................................................... Deposit at Re -submittal if additional Peer Review is needed ESLHA Minor Project Administrative Processing Fee ................. ESLHA Submittal Packet............................................................... ............................................... $ 2, 385.00 Full cost of review is paid by applicant. ................................................. $500.00 ............................................... $2,500.00 ............................................... $1,500.00 .................................................. $ 300.00 ................................................... $15.00 Page 3 of 13 Packet Pg. 193 1 I 8.8.b I MECHANICAL PERMITS: BASEPERMIT FEE: ..................................................................................................................................... $50.00 UNIT FEE SCHEDULE: For the installation or relocation of each FURNACE - Forced -air or gravity -type, including ducts and appliance vents........................................$30.00 AIR HANDLER - Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s).......................................................................................$30.00 Over 10,000 cfm (4719 L/s) including ducts......................................................................................$40.00 GAS HEATER - Suspended, recessed wall or floor -mounted unit........................................................... $30.00 HYDRONIC HEATING SYSTEM.................................................................................................................$150.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.)................................................................................... $15.00 INCINERATOR...................................................................................................................................... $50.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust, etc.)...............................................$15.00 Each system which is not a portion of any heating or air-conditioning system .............................. $15.00 HOOD - Type 1, Type 2, Fume Hood including ducts............................................................................$150.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets........................................................................................................ $30.00 Each additional outlet over 5..................................................................................................................... $5.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW)........................................................................................................$50.00 Over 50 HP (176 kW)...............................................................................................................................$100.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................... $50.00 Over 1,750,000 Btu/h (512.9 kW)..........................................................................................................$100.00 OTHER FEES: Commercial Plan review hourly fee........................................................................ Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.) ........................... $110.00/h r $30.00 Page 4 of 13 Packet Pg. 194 1 I 8.8.b I PLUMBING PERMITS: BASE PERMIT FEE: .................................................................................................................................... $50.00 UNIT FEE SCHEDULE: For the installation, alteration, repair, addition or relocation of each: ...................................................... $15.00 Plumbing fixture (on one trap or a set of fixtures on one trap) Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) Water Heater (includes expansion tank) Re -pipe - Drain, vent or water piping (each fixture served) Water Service Line (replacement or repair) For the installation, alteration, repair, addition or relocation of each: Water treating equipment (water softener)............................................................................................$35.00 Backflow protective device - 2" and smaller...........................................................................................$35.00 Backflow protective device - Over 2".......................................................................................................$45.00 Graywater system or reclaimed water system (in addition to fixture fee) ............................................$65.00 Non -grease waste pre-treatment interceptor (oil/waterseparator, etc.) ...........................................$110.00 Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ..........................................$110.00 Each additional medical gas inlet/outlet...............................................................................................$15.00 Grease Trap (HGI Inside Building)............................................................................................................$220.00 Gravity Grease Interceptor(GGI))...........................................................................................................$770.00 OTHER FEES: Commercial plan review fee hourly fee............................................................................................$110.00/hr IMPACT FEES PARK IMPACT FEES: Single -Family ............................. Multi -Family .............................. Non -Residential Development Residential Administrative Fee . Commercial Administrative Fee TRANSPORTATION IMPACT FEES: $2,734.05 per Dwelling Unit $2,340.16 per Dwelling Unit ..........$1.34 per square foot ................................... $ 50.00 ................................ $100.00 Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee: Residential Administrative Fee..................................................................................................................$50.00 Commercial Administrative Fee.............................................................................................................. $100.00 Independent Fee Calculation —Transportation Engineer Review........................................................ $260.00 plus peer review fee as applicable. Page 5 of 13 Packet Pg. 195 1 I 8.8.b I GRADING PERMIT FEES PLAN REVIEW: CUBIC YARDS PLAN REVIEW FEE 50 cubic yards or less $55.00 (when located in a designated critical area) 51 to 100 cubic yards $110.00 101 to 1,000 cubic yards $220.00 1,001 to 10,000 cubic yards $440.00 $440.00 for the first 10,000 cubic yards, plus $110.00 for 10,001 to 100,000 cubic yards each additional 10,000 yards or fraction thereof. $1,430.00 for the first 100,000 cubic yards, plus $110.00 100,001 to 200,000 cubic yards for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $2,530.00 for the first 200,000 cubic yards, plus $110.00 for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $35.00 50 cubic yards or less $110.00 (when located in a designated critical area) 51 to 100 cubic yards $110.00 101 to 1,000 cubic yards $110.00 for the first 100 cubic yards, plus $25.00 for each additional 100 cubic yards, or fraction thereof. $335.00 for the first 1,000 cubic yards, plus $45.00 for each 1,001 to 10,000 cubic yards additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $740.00 for the first 10,000 cubic yards, plus $65.00 for each additional 10,000 cubic yards or fraction thereof. $1,325.00 for the first 100,000 cubic yards, plus $100.00 for 100,001 cubic yards or more each additional 10,000 cubic yards or fraction thereof. Page 6 of 13 Packet Pg. 196 1 I 8.8.b I FIRE PERMIT FEES FIRE SPRINKLER PERMITS: Residential IRC Structures New Residential Fire Sprinkler Systems................................................................................................. $300.00 Residential Fire Sprinkler System Alteration..........................................................................................$200.00 Commercial & Multi -Family Fire Sprinkler Systems Newsystems........................................................................................................................... $300.00 + TABLE 1 Modifications: 1 to 5 sprinklers........................................................................................................................................$250.00 6 to 25....................................................................................................................................................... $500.00 26 or more.............................................................................................................................. $300.00 + TABLE 1 Additional inspections/plan review as required................................................................................$110.00/hr FIRE ALARM PERMITS: New fire alarm system........................................................................................................... $300.00 + TABLE 1 Emergency Responders Radio System(DAS)........................................................................ $100.00 + TABLE 1 Modifications: 1 to 5 initiating devices, Communicator (AES, Cellular)....................................................................... $250.00 6 to 25, including panel replacement.....................................................................................................$500.00 26 or more.............................................................................................................................. $300.00 + TABLE 1 Additional inspections/plan review as required................................................................................$110.00/hr TANK PERMITS: Residential fill, remove or install (per each)...........................................................................................$200.00 Commercial fill, remove or install (per each).........................................................................................$450.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system)......................................................................$325.00 Standpipe............................................................................................................................................ $450.00 FireConnection........................................................................................................................................$500.00 FireOperational......................................................................................................................................$100.00 Fire fees include plan review and inspections. Page 7 of 13 Packet Pg. 197 I 8.8.b I PLANNING AND LAND USE FEES GENERAL: Type I (Staff decisions, no notice) Type 11 A (Staff decisions with notice)........................................................ Type I I IA (ADB / Hearing Examiner)........................................................... Type I I I B (Hearing Examiner)...................................................................... Type IV (Rezone, Development Agreement) .............................................. Type V (Plan & Edmonds Community Development Code Amendments) Lot Line Adjustment ............................... Short Subdivision Preliminary Approval Short Subdivision Civil Plan Review ...... Short Subdivision Final Approval .......... Subdivision Preliminary Approval ......... Subdivision Civil Plan Review ................ Subdivision Final Approval ................... Modification Request ............................ Minor Change to Approved Plat ........... Major Change to Approved Plat............ PRD Preliminary Approval ..................... PRD Final Approval ................................ ADB Design Review —Signs ............................................ Staff Design Review if project exceeds SEPA threshold Landscape Plan Inspection Fee ...................................... SEPAReview.................................................................... SEPA Planned Action Compliance Review (Hwy 99) ..... EISReview....................................................................... Outdoor Dining, Amateur Radio $275.00 ............................................. $970.00 Hearing Examiner Cost + $2,000.00 Hearing Examiner Cost + $2,000.00 .......................................... $7,000.00 .......................................... $7,000.00 $1, 050.00 .......................................... $3, 225.00 .......................................... $3,050.00 ......................................... $1,590.00 Hearing Examiner Cost + $6,510.00 .......................................... $4,670.00 .......................................... $1,590.00 ............................................. $970.00 ............................................ $275.00 ... Same as Original Application Fee ......................................... $6,510.00 ......................................... $1,590.00 ........... $970.00 ........... $970.00 1% of Estimate .......... $740.00 .......... $275.00 ................ Cost $275.00 Critical Areas Checklist Application...........................................................................................................$110.00 Critical Areas Checklist Update...................................................................................................................$55.00 Critical Areas Variance / Reasonable Use Application ................................ Hearing Examiner Cost + $7,640.00 Critical Areas Study Admin................................................................................................ $110.00/hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees).................................$970.00 Shoreline Contingent Review (See ECDC 24.80.100)...............................................................................$970.00 Planning Fee not categorized Request for Reconsideration. $110.00/hr ..... $275.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type I, II or Hearing Examiner) Appeal of Type IIIB Decision to City Council ..................... Appeal of Notice of Civil Violation .................................... ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act $450.00 $550.00 $970.00 EIS = Environmental Impact Statement PRD = Planned Residential Development Page R of 1 I Packet Pg. 198 1 I 8.8.b I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee .................................................... $165.00 Developers Agreements.......................................................................... $220.00 + $110.00/hr + City Attorney Fees Fire/Aid Sign Address Fabrication Fee...............................................$100.00/ea Street Sign Fabrication Fee.................................................................$200.00/ea Water and Sewer Availability Letters...................................................$65.00/ea Latecomers Agreement............................................................................ $220.00 + $110.00/hr + City Attorney Fees LID Sewer Agreement.............................................................................. $220.00 + $110.00/hr + City Attorney Fees Variance from Underground Wiring ....................................................... $330.00 + $110.00/hr + City Attorney Fees Special Event Permit Fee (small event / less than 100 people) ............ $50.00/ea Special Event Permit Fee (small event — Edmonds -based NP entity)..$25.00/ea Special Event Permit Fee (major event / more than 100 people) ........... $125/ea Special Event Permit Fee (major event— Edmonds -based NP entity).$62.50/ea GENERAL FACILITY CHARGES: • Water GFC's are based on meter size: Water and sewer GFC's shall be paid by each new customer connecting to the utility systems. Storm GFC's shall be paid by the applicant for ESU's added or created by development. Meter Size General Facility Charge %" $5,050.00 1" $12, 624.00 11/2 " $25,248.00 2" $40,397.00 GFC's for Single Family Residences only: Fee is based on meter size required for domestic demand (typically 3/"). GFC shall not be based on meter upsizing for fire sprinkler system only. Sewer Utility GFC............................................................. $4,417.00 per ERU A single family residential development = 1.0 ERU per dwelling unit A multifamily residential development = .67 ERU per dwelling unit Applicants for non-residential development shall pay a GFC equal to the ERU determination that is made by the Public Works Director. Stormwater Management GFC..........................................$799.00 per ESU A single family residential development with up to 5,000 sf hard surface area = 1.0 ESU All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced or new plus replaced impervious surface area. Page 9 of 13 Packet Pg. 199 1 I 8.8.b I RIGHT-OF-WAY FEES: Right -of -Way Construction Permit....................................$330.00 + Inspection Fees Right -of -Way Construction Permit —Small Wireless .......... $330.00 + $110/hour for any portion of an hour after the first three hours of staff review time + City Attorney Fees for legal review (if necessary) + Inspection Fees Right -of Way Minor Construction Permit .......................$110.00 + Inspection Fees Street Restoration for Water Meter Installation .........$1,000.00 + Street Overlay Cut Penalty Fee if applicable Street Overlay Cut Penalty Fee.......................................$220.00 + ROW Permit Fees + Add'I per SQYD charge times overlay cut multiplier Encroachment Permit......................................................$330.00 + Recording Fees Street Use Permit..............................................................$110.00 + Bistro Dining Fees if applicable Bistro Dining Fees...............................................................$30.00 Annual Fee + Monthly ROW Use Fee @ $0.50/ SO. FT x 12.84% (leasehold tax) Alley, Sidewalk, Parking Disruption/ Closure Fees ..........$220.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated based upon the area of a full parking space. SEWER FEES: New Commercial & Multi -Family New Single Family ........................ Repair - Full Line Replacement .... Repair - Partial Line Replacement Special Conditions (Grinder Pumps, Ejectors) Drainage Permit (Pool, Hot Tub, Jacuzzi)....... STORMWATER FEES: Stormwater Permit WATER METER FEES: General $220.00 + Inspection Fees Facility $110.00 + Inspection Fees Charges May Apply $110.00 + Inspection Fees $110.00 (Includes 1 inspection +Add'I Inspection Fees, if applicable) $110.00 + Sewer Fees + Utility Engineer Review .. $55.00 Each Occurrence $330.00 +General Inspection Fees Meter Size Meter Fee Installation of New Service & Meter* 3/4" $2,920.00 1" $2,970.00 1%" $6,220.00 2" $6,390.00 *General Facility Charges may apply Page 10 of 13 Packet Pg. 200 1 I 8.8.b I ICC VALUATION TABLE August 2021 Adopted by City of Edmonds effective Jan 1, 2022 Group (2021 International Building Code) IA IB IIA 1113 IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 298.55 288.43 280.93 269.54 253.09 245.77 260.87 235.34 226.84 A-1 Assembly, theaters, without stage 273.51 263.39 255.89 244.51 228.06 220.73 235.84 210.31 201.80 A-2 Assembly, nightclubs 233.39 226.42 220.85 211.80 199.64 194.14 204.26 180.65 174.48 A-2 Assembly, restaurants, bars, banquet halls 232.39 225.42 218.85 210.80 197.64 193.14 203.26 178.65 173.48 A-3 Assembly, churches 276.84 266.72 259.22 247.83 231.83 225.68 239.17 214.08 205.57 A-3 Assembly, general, community halls, libraries, museums 231.62 221.50 213.00 202.61 185.16 178.84 193.94 167.42 159.91 A-4 Assembly, arenas 272.51 262.39 253.89 243.51 226.06 219.73 234.84 208.31 200.80 B Business 240.93 232.14 224.41 213.38 194.94 187.44 204.97 171.50 163.65 E Educational 253.16 244.50 238.07 227.82 212.65 201.92 219.97 185.88 180.09 F-1 Factory and industrial, moderate hazard 142.51 135.81 128.20 123.31 110.60 105.32 118.02 91.13 85.44 F-2 Factory and industrial, low hazard 141.51 134.81 128.20 122.31 110.60 104.32 117.02 91.13 84.44 H-1 High Hazard, explosives 133.05 126.35 119.74 113.85 102.42 96.14 108.56 82.95 0.00 H234 High Hazard 133.05 126.35 119.74 113.85 102.42 96.14 108.56 82.95 76.26 H-5 HPM 240.93 232.14 224.41 213.38 194.94 187.44 204.97 171.50 163.65 1-1 Institutional, supervised environment 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 1-2 Institutional, hospitals 403.60 394.81 387.08 376.05 356.54 0.00 367.65 333.11 0.00 1-2 Institutional, nursing homes 280.29 271.50 263.77 252.74 235.00 0.00 244.34 211.57 0.00 1-3 Institutional, restrained 273.98 265.19 257.46 246.43 229.58 221.08 238.03 206.14 196.29 1-4 Institutional, day care facilities 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 M Mercantile 174.08 167.12 160.55 152.50 140.10 135.60 144.96 121.12 115.94 R-1 Residential, hotels 242.77 234.53 227.63 218.55 200.90 195.42 218.82 180.35 175.00 R-2 Residential, multiple family 203.34 195.11 188.20 179.12 162.64 157.15 179.40 142.08 136.73 R-3 Residential, one- and two-family 189.34 184.22 179.47 175.04 169.94 163.79 172.07 157.66 148.33 R-4 Residential, care/assisted living facilities 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 S-1 Storage, moderate hazard 132.05 125.35 117.74 112.85 100.42 95.14 107.56 80.95 75.26 S-2 Storage, low hazard 131.05 124.35 117.74 111.85 100.42 94.14 106.56 80.95 74.26 U Utility, miscellaneous 104.03 98.14 92.46 88.40 79.71 73.77 84.55 62.84 59.88 Square Construction GFC = General Facility Charge a. Private ROW = Right of Way miscellaneous Foot ESU = Equivalent Service Unit Costs a,b,` ERU = Equivalent Residential Unit Garages use Utility, f. Sunroom (unheated) = $28.00 Page 11 of 13 Packet Pg. 201 1 b. For shell only buildings deduct 20 percent d. Unfinished basements (Group R-3) = $23.20 persq. ft. e. Carport = $25.00 per sq.ft. Ramp, Stairs, Trellis. Porch = $20.00 per i. Unheated Storage = $25.00 per sq. ft. I 8.8.b I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1 st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Residential Structures: New, Additions & Remodels Accessory Structures (Greenhouse/Shed) Deck, Stairs, Ramps Garages & Carports Swimming Pools (In -Ground) Cell Communications/ Cellular Facilities Other permits types as determined Page 12 of 13 Packet Pg. 202 1 I 8.8.b I Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Page 13 of 13 Packet Pg. 203 1 8.9 City Council Agenda Item Meeting Date: 07/5/2022 PLN2022-0009 Rezone 9516 & 9530 Edmonds Way Staff Lead: Michele Szafran Department: Planning Division Preparer: Michele Szafran Background/History On June 28, 2022 City Council reviewed the Rezone request and voted 6-1 to approve the request. On May 25, 2022 a public hearing was held before the Planning Board with a recommendation of approval to City Council. Staff Recommendation Adopt ordinance as included in Attachment 1. Narrative The applicants request a rezone of the property located at 9516 & 9530 Edmonds Way from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW). The RM-EW zone does not change the density, allowed uses, the minimum street, side and rear setbacks, or the lot coverage from the existing and surrounding RM-1.5 zone, but it would allow for an increased maximum height for any building fronting on Edmonds Way from 30 feet to 35 feet provided that the development includes sustainability, low impact development and/or inclusion of affordable housing pursuant to ECDC 16.30.030.4. A site -specific rezone is a "Type IV" application reviewed for consistency with the criteria in ECDC 20.40.010. Staff makes a recommendation to the Planning Board who conducts a public hearing and forwards a recommendation to the City Council. On May 25, 2022 a public hearing was held before the Planning Board with a recommendation of approval to City Council. The Council held a closed -record review on June 28, 2022 and voted 6-1 to approve the rezone request. Attachments: Attachment 1: Ordiancne PLN2022-0009 Site Specific Rezone Attachment 2: Staff Repo rt_2022-0009_PublicHearing Attachment 3: Staff Public Hearing Presentation Attachment 4: 2022-05-25 Planning Board - Public Minutes Packet Pg. 204 8.9.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO EXISTING LOTS OF RECORD ADDRESSED 9530 AND 9516 EDMONDS WAY FROM RM 1.5 TO RM-EW; AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Matt Driscoll of d/Arch LLC, Jake Lyon and Shaun Leiser have applied for a rezone of the property located at 9530 and 9516 Edmonds Way (Tax Parcel Numbers 27033600117600 and 27033600100900); and WHEREAS, the requested rezone would change the zoning of the property from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW); and WHEREAS, a site -specific rezone is a "Type IV" application where staff makes a recommendation to the Planning Board who then conducts a public hearing and ultimately forwards a recommendation to the City Council; and WHEREAS, the Planning Board held an open record public hearing on May 25, 2022 and unanimously recommended approval; and WHEREAS, the City Council held a closed -record review of the project on June O 28, 2022; and c as E WHEREAS, the City Council reviewed the full record before the Planning Board, including the Planning Division Advisory Report, Findings, Analysis and Recommendation for a c as file number PLN2022-0009, dated May 18, 2022, and the various attachments thereto; and E -1- a Packet Pg. 205 8.9.a WHEREAS, the City Council preliminarily voted to approve the rezone on June 28, 2022 and directed the City Attorney to prepare this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its findings and conclusions in support of the rezone effected by this ordinance, the City Council hereby adopts by this reference the findings and conclusions contained in the Planning Division Advisory Report, Findings, Analysis and Recommendation for file number PLN2022-0009, dated May 18, 2022. Section 2. Two lots of record addressed 9530 and 9516 Edmonds Way, Edmonds, Washington and shown on the map from file number PLN2022-0009, attached as Exhibit A hereto, are hereby rezoned from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW). Exhibit A is hereby incorporated by this reference as if set forth in full. Section 3. The Development Services Director or her designee is hereby authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order to properly designate the rezoned property as RM-EW pursuant to Section 2 of this ordinance. Section 4. Effective Date This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON -2- a Packet Pg. 206 8.9.a ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -3- Packet Pg. 207 8.9.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2015, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO EXISTING LOTS OF RECORD ADDRESSED 9530 AND 9516 EDMONDS WAY FROM RM 1.5 TO RM- EW; AUTHORIZING AMENDMENT OF THE CITY' S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2022. CITY CLERK, SCOTT PASSEY -4- Packet Pg. 208 8.9.a Exhibit A See attached zoning map -5- Packet Pg. 209 8.9.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO EXISTING LOTS OF RECORD ADDRESSED 9530 AND 9516 EDMONDS WAY FROM RM 1.5 TO RM-EW; AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Matt Driscoll of d/Arch LLC, Jake Lyon and Shawn Leiser have applied for a rezone of the property located at 9530 and 9516 Edmonds Way (Tax Parcel Numbers 27033600117600 and 27033600100900); and WHEREAS, the requested rezone would change the zoning of the property from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW); and WHEREAS, a site -specific rezone is a "Type IV" application where staff makes a recommendation to the Planning Board who then conducts a public hearing and ultimately forwards a recommendation to the City Council; and WHEREAS, the Planning Board held an open record public hearing on May 25, 2022 and unanimously recommended approval; and WHEREAS, the City Council held a closed -record review of the project on June O 28, 2022; and c as E WHEREAS, the City Council reviewed the full record before the Planning Board, including the Planning Division Advisory Report, Findings, Analysis and Recommendation for a c as file number PLN2022-0009, dated May 18, 2022, and the various attachments thereto; and E -1- a Packet Pg. 210 8.9.a WHEREAS, the City Council preliminarily voted to approve the rezone on June 28, 2022 and directed the City Attorney to prepare this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its findings and conclusions in support of the rezone effected by this ordinance, the City Council hereby adopts by this reference the findings and conclusions contained in the Planning Division Advisory Report, Findings, Analysis and Recommendation for file number PLN2022-0009, dated May 18, 2022. Section 2. Two lots of record addressed 9530 and 9516 Edmonds Way, Edmonds, Washington and shown on the map from file number PLN2022-0009, attached as Exhibit A hereto, are hereby rezoned from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW). Exhibit A is hereby incorporated by this reference as if set forth in full. Section 3. The Development Services Director or her designee is hereby authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order to properly designate the rezoned property as RM-EW pursuant to Section 2 of this ordinance. Section 4. Effective Date This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON -2- a Packet Pg. 211 8.9.a ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -3- Packet Pg. 212 8.9.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2015, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO EXISTING LOTS OF RECORD ADDRESSED 9530 AND 9516 EDMONDS WAY FROM RM 1.5 TO RM- EW; AUTHORIZING AMENDMENT OF THE CITY' S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2022. CITY CLERK, SCOTT PASSEY -4- Packet Pg. 213 8.9.a Exhibit A See attached zoning map -5- Packet Pg. 214 EXHIBIT 8.9.a 9709 22718 9706 90 O O T ' -. \ 9b N le tt3 PL' - ni PLSW 2" 9 b D � o � J < 22721 d t� 9505 N 228TH STSW rn 228TH STSW EpMONDS WAY Ks- S-Y _ r„ a+ Q Packet Pg. 215 8.9.b CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION ADVISORY REPORT FINDINGS, ANALYSIS AND RECOMMENDATION To: Edmonds Planning Board From: ,� CY ^+1i Michele Q. Szafran / Planner Date: May 18, 2022 File: PLN2022-0009 Hearing Date, Time, and Place: May 25, 2022 at 7:00 PM, Join the Zoom meeting at: https:Hedmondswagov.zoom.us/j/88526558062?pwd=YUto NGFFQ210Q2U5 S DdwRUFadXI5 dz09 Or via phone by dialing 253-215-8782 Meeting ID: 885 2655 8062 Password: 598700 I. INTRODUCTION A. Application Matt Driscoll of d/Arch LLC. (applicant/contact), Jake Lyon and Shawn Leiser have applied for a rezone on the property located at 9530 and 9516 Edmonds Way (Attachments 1 - 2). The requested rezone would change the zoning of the property from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW) A representative of each property (Jake Lyon and Shawn Leiser) has signed the land use application for the rezone (Attachment 1). B. Location The property subject to the rezone request is located at 9530 and 9516 Edmonds Way Tax Parcel Numbers 27033600117600 and 27033600100900 (Attachment 3). C. Review Process A site -specific rezone is a "Type IV" application. Staff makes a recommendation to the Packet Pg. 216 8.9.b Planning Board who conducts a public hearing and forwards a recommendation to the City Council. The Council holds a closed -record review of the project and makes the final decision. The application was determined complete on March 11, 2022, and a request for additional information was sent on March 11, 2022 (Attachment 9). The applicant provided the requested information on March 24, 2022, which included a revised project narrative (Attachment 2) and a revised SEPA checklist (Attachment 5). A Notice of Application was issued on March 25, 2022, and a combined Public Hearing, and SEPA Determination notice was issued on April 27, 2022. A follow up Public Hearing notice was issued on May 4, 2022, to correct the hearing body from ADB to the Planning Board. Documentation demonstrating compliance with the notice requirements of ECDC 20.03 are provided in Attachment 4. II. FINDINGS OF FACT AND ANALYSIS A. Site Context The subject parcels are directly south off Edmonds Way with a combined frontage of approximately 215 feet. The properties are zoned RM-1.5 (Multi -family Residential with a density of one dwelling unit for every 1,500 square feet of lot area). The RM-1.5 zone has a height limit of 30 feet with the portions above 25 feet required to have a roof slope pitch of 4:12" or greater. The RM-EW zone has the same density of the RM-1.5 zone but would allow for the maximum height of any building fronting on Edmonds Way to be increased to 35 feet with specific conditions. Pursuant to ECDC 16.30.030.A.4. the maximum base height of any building fronting on Edmonds Way may be increased to 35 feet if at least two (2) of the following techniques are incorporated into the building and/or site design: (1) Achievement of at least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. The Edmonds Way designation to the RM zone and specific regulations that apply to the RM-EW properties was established pursuant to Ordinance No. 3627 in part to recognize PLN2022-0009 — Rezone Staff Report Page 2 of 9 Packet Pg. 217 8.9.b and accommodate the unique nature and physical constraints of the Edmonds Way entryway to the City of Edmonds and accommodate additional and more flexible development requirements for the Edmonds Way Corridor. B. Neighboring Development and Zoning The subject parcels are located within the RM-1.5 zone (Attachment 3). According to the city LiDAR data the single-family (RS-8) neighborhood south of 9530 Edmonds Way sits approximately 22 feet higher than the subject parcels and as you move east the elevation increases. To the southwest corner of the 9530 Edmonds Way is a developed RS-8 property that sits about 10 feet higher than Edmonds Way. A PUD substation is located directly west from 9530 Edmonds Way which is zoned RM-1.5. The adjacent properties to the east are developed with a combination of a duplex and single-family housing which are zoned RM-1.5, and these properties could potentially be developed with multi -family housing standards at some point. The north side of Edmonds Way contains a mix of zoning designations such as WMU, BC-EW, one RS-8 parcel and RM- 1.5. The WMU zone contains a variety of commercial developments including a gas station, bank, drive - through Starbucks, grocery stores, drug stores and other development. B. State Environmental Policy Act (SEPA) A SEPA Determination of Nonsignificance was issued for the proposed rezone on April 27, 2022, with a SEPA appeal deadline of May 18, 2022. There were no appeals of the SEPA determination. The SEPA Checklist and Determination of Nonsignificance are provide in Attachment 5. C. Technical Review Committee This application was reviewed by the City of Edmonds' Engineering Division, staff has found that the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed with future building permit application for development on the site. The rezone will not change the underlying density and the project narrative indicates a shared access will be utilized/provided between the subject properties as well as to properties addressed 9520 and 9524, a transportation analysis is not required at this time and may be deferred to the future development/building permit phase of the project. With future development, the location of the shared driveway access point to Edmonds Way shall address sight distance consistent with City Standard Detail TR-590 (Attachment 7). D. Public Comments To date, no public comments have been received. PLN2022-0009 — Rezone Staff Report Page 3 of 9 Packet Pg. 218 8.9.b E. Edmonds Community Development Code Compliance According to ECDC Chapter 20.40 (Rezones), the Planning Board shall review the proposed rezone and consider the following factors at a minimum: A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan; The Comprehensive Plan map designation for the subject property is "Edmonds Way Corridor" (Attachment 6). The Comprehensive Plan has specific goals listed for the Edmonds Way Corridor as listed below. Commercial Development Goal E. The Edmonds Way Corridor consists of portions of Edmonds Way between the 100th Avenue West intersection and Highway 99. This corridor serves as a key transportation corridor, and also provides a key link between Edmonds and Interstate S. Established residential areas lie on both sides of the corridor. An established pattern of multiple family residential development lies along much of the corridor, while small- scale businesses can be found primarily near intersections. A major concern is that the more intensive development that occurs along the corridor should not interfere with the flow of through traffic or intrude into adjoining established communities. E.1 Permit uses in planned multiple family or small-scale business developments that are designed to minimize contributing significantly to traffic congestion. E.2 Provide for transit and pedestrian access to development. E.3 Use design review to encourage the shared or joint use of driveways and access points by development onto SR-104 in order to support the movement of traffic in a safe and efficient manner. Site access should not be provided from residential streets unless there is no feasible alternative. E.4 Use design review to ensure that development provides a transition to adjacent residential neighborhoods. For uses in transitional areas adjacent to single family neighborhoods, use design techniques such as the modulation of facades, pitched roofs, stepped -down building heights, multiple buildings, and landscaping to provide designs compatible with single family development. Make use of natural topography to buffer incompatible development whenever possible The Land Use Element of the Comprehensive Plan lists compatible zoning classifications for the different Comprehensive Plan Map designations (Attachment 6). The compatible zoning classifications for the Edmonds Way Corridor are BP, BN, BC, or similar commercial zone and RM zones. PLN2022-0009 — Rezone Staff Report Page 4 of 9 Packet Pg. 219 8.9.b The applicant has referenced additional comprehensive plan goals and policies such as sustainability, residential development, and design objectives which are summarized here and included in the applicant's narrative as attachment 2. The applicant has noted that a height increase provides an incentive to support and promote sustainability and provide people with a mix of housing types and styles. Additionally, the increased height should not be an impact to the RS zoned lots which are substantially higher than the subject parcels. The design objectives for site design also encourages the use of a shared access easement. Rezoning the property to RM-EW would be consistent with the Comprehensive Plan and would not be a more intensive development as there would be no change to the density, allowed uses, the minimum street, side and rear setbacks, or the lot coverage from the existing and surrounding RM-1.5 zone. The rezone would allow for a minor increase in height from 30 feet to 35 feet for any building fronting on Edmonds Way. B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; According to ECDC 16.00.010, the zoning ordinance has the following purposes A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. At the same time, the purposes of the Residential Zones include (ECDC 16.10.000): The general purposes of the residential (R) zones are: A. To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan; PLN2022-0009 — Rezone Staff Report Page 5 of 9 Packet Pg. 220 8.9.b B. Any growth or development should strive to preserve for itself and its neighbors the following values: 1. Light (including direct sunlight), 2. Privacy, 3. Views, open spaces, shorelines and other natural features, 4. Freedom from air, water, noise and visual pollution; C. To provide for community facilities which complement residential areas and benefit from a residential environment; D. To minimize traffic congestion and avoid the overloading of utilities by relating the size and density of new buildings to the land around them, the capacity of nearby streets, and the availability of utilities; E. To protect residential uses from hazards and nuisances, such as fire, explosion, noxious fumes and noise, odor, dust, dirt, smoke, vibration, heat, glare, and heavy truck traffic, which may result from other, more intense, land uses. Finally, the Multiple Residential (RM) zone district has its own purposes as identified in ECDC 16.30.000: The RM zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas for a variety of housing types, and a range of greater densities than are available in the single-family residential zones, while still maintaining a residential environment; B. To provide for those additional uses which complement and are compatible with multiple residential uses. The subject property is located in the Edmonds Way Corridor comprehensive plan designation. The properties are encouraged to utilize a shared or joint use driveway and access points in order to reduce access onto SR-104 and make use of the natural topography of the properties to neighboring single family development. Per the project narrative a shared access would be utilized/provided between the two properties as well as 9520 and 9524 (Attachment 2 & 8). The RM zone specifically notes that its purpose is to reserve and regulate areas for a variety of housing types, and a range of densities than are available in the single- family residential zones. A rezone from RM- 1.5 to RM-EW does not change the densities but to opt for the increased height it would require the use of sustainability, low impact development and/or inclusion of affordable housing in PLN2022-0009 — Rezone Staff Report Page 6 of 9 Packet Pg. 221 8.9.b its design which can help to achieve a variety of housing types. Rezoning the site to RM-EW appears to be consistent with the purposes of the zoning ordinance. C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; Multi -family zoning exists on the east and west sides of the subject properties. The property to the west is developed with a PUD substation which is zoned RM- 1.5. The adjacent properties to the east are developed with a combination of a duplex and single-family housing which are zoned RM-1.5, and these properties could potentially be developed with multi -family housing standards at some point. A single-family neighborhood with an RS-8 zoning classification sits south at a higher elevation than the subject parcels. The north side of Edmonds Way contains a mix of zoning designations such as WMU, BC-EW, one RS-8 parcel and RM- 1.5. The WMU zone contains a variety of commercial developments including a gas station, bank, drive -through Starbucks, grocery stores, drug stores and other development. The RM-EW zone does not change the density, allowed uses, the minimum street, side and rear setbacks, or the lot coverage from the existing and surrounding RM- 1.5 zone, but it would allow for an increased maximum height for any building fronting on Edmonds Way from 30 feet to 35 feet provided that the development includes sustainability, low impact development and/or inclusion of affordable housing pursuant to ECDC 16.30.030.4. D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; The primary change in the area is the establishment of the Westgate Mixed Use zone in 2015, additionally a couple of parcels located along the north side of Edmonds Way were rezoned to BC-EW. As noted above the RM-EW zone does not change the density, allowed uses, the minimum setbacks, or the lot coverage from the existing and surrounding RM-1.5 zone, but it would allow for an increased maximum height from 30 feet to 35 feet. The purposes of the zone districts are to implement the policies of the Edmonds comprehensive plan, and the RM zone specifically notes that its purpose is to reserve and regulate areas for a variety of housing types, and a range of densities than are available in the single-family residential zones. A rezone from RM-1.5 to RM-EW would require the use of sustainability, low impact development and/or inclusion of affordable housing in its design for an increased height which could help in achieving a variety of housing types. Rezoning the site to RM-EW would be consistent with the City's policies and intent for the Edmonds Way Corridor. PLN2022-0009 — Rezone Staff Report Page 7 of 9 Packet Pg. 222 8.9.b E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning; There has been interest in this site over the past several years, both properties are currently undeveloped. The existing RM-1.5 zone and the proposed RM-EW zone does not change the density, lot coverage, setbacks or the allowed uses but would allow for the developer to opt for an increased building height with sustainability, low impact development and/or inclusion of affordable housing in its design. Given the proximity to Edmonds Way and the elevation change of the RS zoned properties from Edmonds Way the requested rezone to RM-EW appears to be a suitable zone for the subject property. F. Value. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. The public health, safety and welfare will not be adversely impacted by rezoning from RM-1.5 to RM-EW. As noted previously the proposed zone of RM-EW does not change the density, allowed uses, setbacks or lot coverage but would allow for the developer to opt for an increase in the maximum height limit from 30 feet to 35 feet for any building fronting on Edmonds Way provided that the development includes sustainability, low impact development and/or inclusion of affordable housing. With development of the site any potential critical area regulations must address the critical area code as necessary. Additionally, the RM zone does require building setbacks which are intended to minimize impacts to adjacent properties. The applicant states in part the following: "The developer in opting for the 35' height increase gains flexibility in design at the expense of the optional requirements. The public gains in sustainability and/or affordable housing, which are goals of the Edmonds Comprehensive Plan." Development of the site will require compliance with all development regulations which should provide protection to the public health, safety, and welfare. III.CONCLUSIONS A. The proposed rezone is consistent with the requirements of ECDC 20.40.010 as identified in the staff report. B. The proposal does not change the density, allowed uses, setbacks or lot coverage but would allow for the developer to opt for an increase in the maximum height limit from 30 feet to 35 feet for any building fronting on Edmonds Way provided that the development PLN2022-0009 — Rezone Staff Report Page 8 of 9 Packet Pg. 223 8.9.b includes sustainability, low impact development and/or inclusion of affordable housing. C. Design standards within the RM-EW zone and other City of Edmonds development regulations will ensure that public health, safety, and welfare is protected. IV. RECOMMENDATION Based on the findings of facts, analysis, conclusions, and attachments to this report, staff proposes that the Planning Board find the proposed rezone is consistent with the requirements of ECDC 20.40.010 and make a recommendation to the City Council to APPROVE the rezone from RM-1.5 to RM-EW. V. ATTACHMENTS 1. Land Use Application 2. Applicant Narrative 3. Zoning and Vicinity Map 4. Public Notice Documentation 5. SEPA Determination of Nonsignificance & Checklist 6. Comprehensive Plan Map & Compatible Zoning Page 7. Engineering Division Comments 8. Site Survey 9. Letter of Completeness -More Information VI. PARTIES OF RECORD City of Edmonds 121 — 5th Avenue North Edmonds, WA 98020 d/Arch LLC Matt Driscoll 2412— Westlake Ave. N. Ste. 3 Seattle, WA 98109 PLN2022-0009 — Rezone Staff Report Page 9 of 9 SCL Enterprises LLC Shaun Leiser P.O. Box 60216 Shoreline, WA 98160 Cascara LLC Jake Lyon 320 Dayton St. Ste 101 Edmonds, WA 98020 Packet Pg. 224 8.9.b r� CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1091107 - 9530 & 9516 Edmonds Way Applicant First Name Last Name Company Name Matt Driscoll d/Arch LLC Number Street Apartment or Suite Number E-mail Address 2412 Westlake Ave N Ste 3 mattd(c�darchllc.com City State Zip Phone Number Extension Seattle WA 98109 2062148839 Contractor Company Name Number Street Apartment or Suite Number y O O City State Zip Phone Number Extension O O N N O State License Number License Expiration Date UBI # p' E-mail Address N Z J a Project Location L Number Street Floor Number Suite or Room Number d 9530 EDMONDS WAY V City Zip Code County Parcel Number d EDMONDS 98026 27033600117600 Associated Building Permit Number Tenant Name rn O O O N N Additional Information (i.e. equipment location or special instructions). O N I r L O Work Location Q" N R Property Owner a+ V) First Name Last Name or Company Name N a+ EDMONDS WAY LLC 4) E Number Street Apartment or Suite Number t V PO BOX 60216 Q City State Zip a+ SHORELINE WA 98160 E Certification Statement - The applicant states: I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and Q authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 2/10/2022 Submitted By: Matt Driscoll Page 1 of 2 ATTACHMEq Packet Pg. 225 8.9.b CITY OF EDMONDS MysuildingPermit.com Land Use Application #1091107 - 9530 & 9516 Edmonds Way Project Contact Company Name: d/Arch LLC Name: Matt Driscoll Email: mattd@darchllc.com Address: 2412 Westlake Ave N Ste 3 Phone #: 2062148839 Seattle WA 98109 Project Type Activity Type New New Development Activity Project Name: 9530 & 9516 Edmonds Way Description of Work: Rezone Project Details Development Type Land Use Additional Parcels: 27033600100900 Scope of Work Project Approval Packet Pg. 226 Page 2 of 2 nF r.o. 8.9. b MyBui ld i n gPermit. com Jurisdiction: Edmonds Project Name: 9530 & 9516 Edmonds Way Application ID: 1091107 Supplemental Name: Applicant Certification - Planning The 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. The property affected by the application is in the exclusive ownership of the applicant or that the application has been submitted with the consent of all owners of the affected property. I certify, under the penalty of perjury under the laws of the State of Washington, that the information and exhibits herewith submitte are true and correct to the best of my knowledge and that I am authorized to file this application on behalf of the owner of the subje property. I do so certify. Packet Pg. 227 8.9.b MyBui ldi ngPe rm i t. ce m Jurisdiction: Edmonds Project Name: 9530 & 9516 Edmonds Way Application ID: 1091107 Supplemental Name: Land Use Application If this is a new parcel or lot that does not yet have an address or a County tax account number, please describe the property and its location (otherwise, you may skip this question): Please describe the project and/or proposed use(s) you are seeking approval for with this application (you can upload a more detaile file/letter later in the application, as necessary): C O Rezone from RM-1.5 to RM-EW E UJ Check the boxes indicating all of the related approvals you are seeking for this project (including this application). NOTE THAT A SEPARATE APPLICATION I: REQUIRED FOR EACH APPROVAL. �M Q Rezone 06 co r u7 N C O N (D tY 0) Q Q Q N N Q N Z J a Packet Pg. 228 8.9.b City of Edmonds Land Use Application -ARL IH I I [ I I-R NI DI.,RIx RI vil 11 C i !I'lli1 III \SlvI III %,N Ami. mwl \.! 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I «riiti thin flit: itIli+ruuatlln and edtihuh tic rruill l .uhmitted arc Irue and correct it, rhd he.1 1,11m 6nnt.►ledge and that l ain anihorlrcd in file thi• application on the hchalf o111 c tmiter a, i;led hclou. Sh1\.11t It! [li :lf'I'LIl'1\I al,{ \! i M I I Proper[► U►►ner'► Authori►Atiun 1. 314-•-1 e ii1x — T «rIIEi under the Nrlalt'• 11t perltu■ colder the lax,n!' 111c yls[Ic r,f lla,hin lnu 1111a the 6ll1l'N%ML 11 a nuc and clmecl +Iarcmc111 I h;ne aurhurired the iKvW .1PPIIcanl \uVill ill appl% Ii,r the %UhlccI land u+ti &pillIcat1„n atId Sraru nn pernll„1,Yn lily the puhiFc o1fictah and the %3att- r,I Itic 1 Wk . ! I ,lnloni1% 14, toter dle +ulihYt lmlpcny Inr the pulpu,c. 411' In, Ilan altd I%,.tut_, ati►eldant I , ill li appllcaIOn y .I till!\IJI It 1,1 01t\1It _ 13•lit. J 2 rluc:uons''t:rll1d:;1771-[122[1 TT Pei. .. .. ,.,.1 r1•r�,,..,r,.,,�--,c�. Packet Pg. 229 8.9.b City of Edmonds Land Use Application AxL ]II I1.t. I I It , 0i.sju.\ itl:vww C'MI1'RI.111-\Y\ 1 PLAN Ami ti[)+irN1 ('f riU111n\ �I. t til 111-:1{wll- 11n\11 00 1 P.MON Iti DA I 1 F(MMAI Sk B Y,1 I',Ir 1\ — 1%1111R f 5l lml7 i511 )" FLF Ri (i wi HlE I.im :'1iv.sI%1111 ifl:ARIN(i DA1-t. III %\Nl 1) RI S11}I N l I lI DI v1 I r 1I'ti11 ti I UI I R IAI- SIRU.I M V %%1I M r.11 V III: S'r.\1 r Pl3 AIM C - i- SIRI E 1 VAt-AT ION ?(, R1 /[1VI. SEIf.]Rf.I.1NE PERM II VARIANU ItLASONAW.I. I, "SI. I.K{ I.I'1-10N 0111FR: ■ PI.LINV WITE T►1.1T-ILL LAY7lR-il lTlrl► ff71�T 1I �1J) "11711" 7M-' 1I'MIC'ITIri% IS t P1 RLIC'RECORD ■ PROPE: RTI -►DDRE SS Olt I.CH'.li ION Ff,/C! 1'R[)- r.rl• N.%Nlv,11r :►PPI.1t -ull-I,) �# PROPFRT, o.I3FR -CascaraLLC PIRINI. F, 425-422-0053 Aoi-'m.ss _320 ❑ayton St, Suite 101 Edmonds WA 98020 _ I -\IA]I Ja-k..e aOWesterly-RE.com I At( 3 )l N I ,; 270336-001_-009-00 _ S1.r . l wl'. R vt , }1 �i Rll'1 hfti I11 PROKC-FOR PRi IE°t+S1.1111sf. (Ai f.wil coo) R I.I'l 11 0I.SCRIf31111M 1III 1'R0,11.1'] MI I.IS NI'E'I WNBLI CODI'(Al R I1'1If R %,Nl(I.SSAR1'1 APPLIC AN-1 - Jake Lyon I'I11)t1. 7 425-42Z-0053 Mimi ,s 320 Dayton St. Suite 101 Edmonds WA 98020 I,-MAII.Jake WesterlvRE.com [-0`S Ac 7 PI:RSON/ACEVI nt)n1tl tiS �h�1�.�IrLrFI��./Y 3� �FTTlr•�.4 rg�D I:-NIAII 'I he under.ikucd applicant. and hi. her il, l iry- and a.,ians- in run5ider:ttion on the processing of Zile applicailt7n algreeS it) rclea+e- nderltniki defend and livid the Cin ul I.dnwnds lsarinlcsN tnmt altS a;ml all dantagcti- illefuding rea.unahl : autornc,"S fees- arisingliteral air-, action air lit lraction based in mllule or fart upon false- misleading. inaccurate or incomplele inli+rmation I'urni,h�Yl M the applicant- his her ifs agenls (it eniplopx.- 13% nln ,igrtaww, I cenik that the iuliimultion and e\hihits hcrctsith suhntitted arc true and correct to ilic hest of Im krio,.tfcdee altd Illat I am atsihorirctt to file this appkealitnl on the k-ltall'ol'Ih (m nn r ac Iltil' hcl %s, Sl(itATURI. (11 AI)m It .1, I Acii.N l I)A I I. Prsl rl� Om nrr'. Iuthnrization t, .�ake Lyon ----. cerliil under Ilse penali% n1- NrjrrS under the lac++ u1' flw Slate of 11:k,hnV'A4In IIla1 the hit I01+lltta is a Irlle ant t srrecs suuemcnt: 1 Ila%e aulhurired the ahol.0 AppIicaTit .NgcnlI I[s apph fisr Ille strhlccl land use applicanon, and grlln nn perrrli+sioa for the public t+I'liciais at id the %taIl'tsI'tlie ( iIt of I.dmorid s to enter the subject propert\ for Ike purposes of inspceliort and posting aticrdant to thic applicatiosl. SICi',V,'L I't:'f{E t l{ f }N'<I It I )A'I t: 219122 [ luestiosi%'? Cal t4251771-11220. Packet Pg. i0_1 8.9.b REZONE APPLICATION 9530 Edmonds Way (PRE2021-0010) 9516 Edmonds Way (PRE2021-0011) CONTENTS SUMMARY 1. COMPREHENSIVE PLAN 2. ZONING ORDINANCE 3. SURROUNDING AREA 4. CHANGE 5. VALUE SUMMARY We're requesting a rezone of two parcels of land on Edmonds Way (9530 & 9516 Edmonds Way) from RM-1.5 to RM-EW. This rezone is in keeping with the policies and goals of the City of Edmonds Comprehensive Plan Map (Revision Date: August 9, 2018), which designates the parcels as Edmonds Way Corridor. This rezone is in compliance with the Edmonds City Code and Community Development Code (ECDC) which is current through Ordinance 4235, passed October 12, 2021. This rezone RM-1.5 to RM-EW does not modify any of the lot density (min. lot area per dwelling — 1,500 sf), minimum front/rear/side setbacks and maximum lot coverage of the RM-1.5 Zone. The rezone does allow the developer to opt for a higher height limit: 35' instead of 25' with sustainability and/or affordable housing conditions. 1 Rezone Application — 9530 Edmonds Way (PRE2021-0010) ATTAC H M E Packet Pg. 231 9516 Edmonds Way (PRE2021-0011) 8.9.b the needs of the present without compromising the ability of future generations to meet their own needs." • To promote the public health, safety, and welfare consistent with the values of the community. • To serve as the basis for municipal policy on land use and development and to provide guiding principles and objectives for the development of regulations and programs that support sustainable development within the city while seeking to conserve, protect, and enhance the community's assets and natural resources. • To anticipate and influence the orderly and coordinated development of land and building use of the city and its environs, and conserve and restore natural beauty and other natural resources. • To encourage coordinated development and discourage piecemeal, spot or strip zoning and inharmonious subdividing. • To facilitate adequate provisions for public services such as transportation, police and fire protection, water supply, sewage treatment, and parks. • To facilitate the provision of sustainable public services consistent with the community's values and needs. Growth Management Goals & Policies A.4. Any growth or development should strive to preserve for itself and its neighbors the following values: A.4.a Light (including direct sunlight) A.4.b Privacy A.4.c Public views, open spaces, shorelines and other natural features. A.4.d Freedom from air, water, noise, and visual pollution. A.S. Any residential growth should be designed to accommodate and promote a balanced mixture of income and age groups. State Framework Goals Housing - Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Regional Goals Housing - The region will preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident. The region will continue to promote fair and equal access to housing for all people. COMPREHENSIVE PLAN — ELEMENTS Sustainability Goals & Policies Sustainability Goal A. Develop land use policies, programs, and regulations designed to support and promote sustainability. Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services, recreation, jobs, and housing. Sustainability Goal G. Develop housing policies, programs, and regulations designed to support and promote sustainability. Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style. The rezone from RM-1.5 to RM-EW through a possible increase in height provides an incentive (ECDC 16.30.030) to "support and promote sustainability" and provide people with a mix of housing types and styles including affordable housing. 3 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 233 9516 Edmonds Way (PRE2021-0011) 8.9.b Environmental Quality Goals & Policies Environmental Quality Goal A. Protect environmental quality within the Edmonds community through the enforcement of community -based environmental regulations that reinforce and are integrated with relevant regional, state and national environmental standards. Residential Development Goal & Policies Residential Goal B. 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. B.2 Multiple. The City's development policies encourage sustainable high -quality site and building design to promote coordinated development and to preserve the trees, topography and other natural features of the site. Stereotyped, boxy multiple unit residential (RM) buildings are to be avoided. B.2.a Location Policies. B.2.a.i. RM uses should be located near arterial or collector streets. B.2.b Compatibility Policies. B.2.b.i RM developments should preserve the privacy and view of surrounding buildings, wherever feasible. B.2.b.ii The height of RM buildings that abut single family residential (RS) zones shall be similar to the height permitted in the abutting RS zone except where the existing vegetation and/or change in topography can substantially screen one use from another. The adjacent RS zoned lots (9529 & 9515-231st PI SW) uphill of the sites proposed for rezone are substantially higher than the increased height available through the rezone. Additionally, there is a substantial amount of vegetative growth at the southern portion of 9530 Edmonds Way and the northern side of the closest RS zoned lots. See pages 12 & 13. B.2.b.iiiThe design of RM buildings located next to RS zones should be similar to the design idiom of the single family residence. B.2.c. General Design Policies. B.2.c.i The nonstructural elements of the building (such as decks, lights, rails, doors, windows and window easements, materials, textures and colors) should be coordinated to carry out a unified design concept. B.2.c.ii Site and building plans should be designed to preserve the natural features (trees, streams, topography, etc.) of the site rather than forcing the site to meet the needs of the imposed plan. Because of the slope of 9530 Edmonds Way development would likely be at the bottom of the slope closer to Edmonds Way preserving trees at the uphill slope and fitting into the slope. See pages 12 & 13. Housing Goals & Policies Housing Goal J. Recognize that in addition to traditional height and bulk standards, design is an important aspect of housing and determines, in many cases, whether or not it is compatible with its surroundings. Design guidelines for housing should be integrated, as appropriate, into the policies and regulations governing the location and design of housing. J.1. Provide design guidelines that encourage flexibility in housing types while ensuring compatibility of housing with the surrounding neighborhood. Urban Design Goals & Policies General Design Objectives 4 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 234 9516 Edmonds Way (PRE2021-0011) 8.9.b Design Objectives for Site Design. The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. A.1 Vehicular Access. Reduce the numbers and width of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety. 9530 and 9516 Edmonds Way share an access easement from Edmonds Way. This easement also provides access to 9520 & 9524 Edmonds Way. See page 14. There will be only one curb cut on Edmonds Way. A.2 Layout of Parking. Locating buildings in proximity to the street to facilitate direct pedestrian access and help define the street edge. Parking should be placed to the side and rear. The buildings are intended to be located close to Edmonds Way. 9530 Edmonds Way to reduce the excavation cut into the slop and 9516 because of the size of the lot. A.3 Connections On- and Offsite. Design site access and circulation within and between sites to encourage linkages for pedestrians, vehicles, and bicycles. Special attention should be paid to providing and improving connections to transit. The common access from Edmonds Way will tie the circulation between the sites creating a pedestrian, vehicular and bicycle linkage. A.4 Building Entry Location. Building entries should be configured to provide clear entry points to buildings, be oriented to pedestrian walkways/pathways, and support the overall intent of the streetscape environment. Space at the entry for gathering or seating is desirable for residential or mixed -use buildings. The common access from Edmonds Way (see A.3 above) will create a clear entry point supporting the overall intent of the streetscape. The 45% lot coverage (ECDC 16.30.030) should allow opportunities for entry gathering space. A.5 Setbacks. Create and maintain the landscape and site characteristics of each neighborhood area and provide a common street frontage tying each site to its neighbor. Setbacks should be appropriate to the desired streetscape, providing for transition areas between public streets and private building entries where a variety of activities and amenities can occur. A.6 Open Space. For residential settings, create green spaces to enhance the visual attributes of the development and provide places for interaction, play, seating, and other activities. A.7 Building/Site Identity. Improve pedestrian access and way -finding by providing variety in building forms, colors, materials and individuality of buildings. A.8 Weather Protection. Provide covered walkways and entries for pedestrian weather protection. A.9 Lighting. Provide adequate and appropriate illumination in all areas used by automobiles, bicycles and pedestrians — including building entries, walkways, parking areas, circulation areas and other open spaces — to support activity and security. A.10 Signage. Encourage signage that provides clear information and direction for properties and businesses while preventing the streetscape from becoming cluttered. Encourage the use of graphics and symbols in signage to support the city's emphasis on uniqueness and the arts. A.11 Site Utilities, Storage, Trash and Mechanical Systems. Minimize the noise, odor and visual impacts of utility systems using such features as landscaping, building forms, or integrated design. A.12 Integrating Site Features. Integrate natural landscape features and unique landforms — such as rocky outcroppings or significant trees — into site design whenever possible. A.13 Landscape Buffers. Use landscaping and/or other features such as fences to maintain privacy and create a visual barrier between incompatible uses. These buffering techniques should also be used to soften hard edges (such as the perimeters of parking lots) and reinforce 5 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 235 9516 Edmonds Way (PRE2021-0011) 8.9.b pedestrian ways and circulation routes. Native plants and rain gardens should be promoted as alternatives to lawns and runoff retention areas. Design Objectives for Building Form. Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance with policies in the city's Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. A.14 Building Form. Encourage new construction to avoid repetitive, monotonous building forms. A.15 Massing. Reduce the apparent bulk and mass of buildings by encouraging human scale elements in building design and/or by subdividing building masses vertically or horizontally. A.16 Roof Modulation. Use roof forms to help identify different programs or functional areas within the building and support differentiation of building form and massing. Roof design, in combination with wall modulation, can allow for additional light to enter buildings or pedestrian spaces. A.17 Wall Modulation. Variation in materials, decorative elements, or other features should be employed to support pedestrian scale environments and streetscapes, or to help break up large building masses to keep in scale with the surrounding environment. Design Objectives for Building Facade. Building facade objectives ensure that the exterior of a building — the portion of a building that defines the character and visual appearance of a place — is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. A.18 Building Fagade Design. Encourage building fagades that reinforce the appearance and consistency of streetscape patterns while supporting diversity and identity in building design. A.19 Window Variety and Articulation. Use window size and placement to help define the scale and character of the building. Use the organization and combinations of window types to reinforce the streetscape character or to provide variation in a fagade, as well as provide light and air to the building interior. A.20 Variation in Facade Materials. Employ variation in materials, colors or design elements on building fapades to help define the scale and style of the structure. Variation in fagade materials can help reduce the apparent bulk of larger buildings while allowing variety and individuality of building design. Urban Design Goals & Policies for Specific Areas Streetscape and Street Trees Goals & Policies Streetscape and Street Trees Goal A. Enhance the public realm through streetscape and street tree choices. Storm & Surface Water System Goals & Policies Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. 6 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 236 9516 Edmonds Way (PRE2021-0011) 8.9.b The term low impact development (LID) refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 237 9516 Edmonds Way (PRE2021-0011) Ph ►�� � Ell ;LIN .. _J:w M-119 BN VMAA M.I.0 8.9.b Title 16 ZONE DISTRICTS 16.00.010 Purposes states that in addition to the purposes stated in the city's comprehensive plan, the zoning ordinance shall have the purpose to assist in the implementation of the adopted comprehensive plan for regulating and providing for existing uses and planning for the future. It further states that the zoning ordinance's purpose is to protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. 16.10 Residential Zones -Purposes States that the general purposes of the residential, R, zones is to provide for areas of residential uses at a range of densities consistent with public health and the adopted comprehensive plan. Any development should strive to preserve for itself and neighbors the following values: light, privacy, views and natural features, and freedom from air, water, noise and visual pollution. Additionally, relating the size and density of new buildings to the land around them, the capacity of nearby streets and the availability of utilities. 16.30 RM — Multiple Residential 16.30.000 Purposes States that the RM zone has the specific purpose of providing a range of greater densities than are available in the single-family residential zones Chapter 16.30.010 RM — Multiple Residential States that the RM zone has the specific purpose of providing a range of greater densities than are available in the single-family residential zones Chapter 16.30.020 Subdistricts There are established four subdistricts of the RM zone, in order to provide site development standards for areas which differ in topography, location, existing development and other factors. 9 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 239 9516 Edmonds Way (PRE2021-0011) 8.9.b 16.30.030 Site development standards. A. Table. O SHARE Minimum Lot Minimum Minimum Minimum Maximum Maximum Subdistrict Area Per Dwelling Street Side Rear Height Coverage Urit3(Sq.Ft.) Setbackz Setbackz Setback RM-1.5 1,500 15' 10, 15' 25" 45% RM-EW 1,500 15' 10, 15, 25'4 45% RM-2.4 2,400 15' 10, 15' 25" 45% RM-3 3,000 15, 15' 15' 25'1 45% 1 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. Z IRS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. 3 See definition of townhouse. 4 The maximum base height of any building fronting on Edmonds Way may be increased to 35 feet if the following apply to the site and proposed development: (a) At least two of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of at least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at lowlmoderate income as determined by Snohomish county Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretentionlrain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. B. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC), and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the RM-EW zone: 1. Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. C. Location of Parking. No parking spaces may be located within the street setback. Chapter 16.30.040 Site Development Exceptions a 10 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 240 9516 Edmonds Way (PRE2021-0011) 8.9.b Title 17 GENERAL ZONING REGULATIONS 17.50.020 Off -Street Parking Regulations A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 11.5 2 bedrooms 1.8 3 or more bedrooms 2.0 Title 20 REVIEW CRITERIA AND PROCEDURES Chapter 20.10 DESIGN REVIEW 20.10.010 Types of Design Review The project will be subject to General Design Review per the ECDC. Chapter 20.60 SIGN CODE The project will be subject to the Sign Code per the ECDC. Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 241 9516 Edmonds Way (PRE2021-0011) 8.9.b 3. SURROUNDING AREA The City of Edmond Zoning Plan Map, Revision Date: November 7, 2017, designates both sites as RM-1.5 �27 Oki 9715 0 23003 23001 23009i Wr 23006 p Ll23014 w 23017 9629 R 23024 23027 9601 y 08 )275 = 23030 r 9B09 g7 9717 9707 CV r 9507 Cr7 2315T PL 51N 23109 9610 231 C 9710 9706 _ .,In Q Rezone Application — 9530 Edmonds Way (PRE2021-0010) 9516 Edmonds Way (PRE2021-0011) 12 Packet Pg. 242 8.9.b 9530 & 9516 EDMONDS WAY CONCEPTUAL MASSING 9530 Edmonds Way (N-S Section) 1046 r.� i - L 9530 Edmonds Way (E-W Section) Q� 37& MAX.2q• 3 ' HT. - 9516 Edmonds Way (N-S Section) � MrV(35'HI � _ _ - _ _ _ _ _ - _ _ 25' _ A HI.Limtl _ 36624• V 366OR� L2 —' 3�8.00' I _.—I_I 11 I 1711 =jII—III I �I.., I I. I' 9516 Edmonds Way 349.'0 AVAIGraIGle. 1il III 338.00' III ii I 17 7II ill III IIIIIII � IIIIIIIIIII I Q 13 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 243 9516 Edmonds Way (PRE2021-0011) 8.9.b Axonometric View from NE '0 9516 ,9 O a5EDMONDS WAY �Ac�EssEASEMENT f' O '\ � , � AGREEMENT(PF M2110]18J I •\ ,1 3]WNG EASEMENT — —7) 4 18'-ER EASEMENT N 23001 I , y V/�1 t1l_Al tt! i' V^ tt I O •1 t I rot \ tt I \ tt � tt 9530EDMONDSWAY �i tltt I i ttt I % d --------------------------------- a t 204'-4 Plan: Site/Vicinity Single Curb Cut O .P �rl ry� W REZONE APPLICATION 9530 Edmonds Way (PRE2021-0010) 9515 Edmonds Way (PRE2021-0011) N 0 30 60t Q Rezone Application — 9530 Edmonds Way (PRE2021-0010) 9516 Edmonds Way (PRE2021-0011) 14 Packet Pg. 244 8.9.b 4. CHANGE The City of Edmonds Comprehensive Plan Map, Revision Date: August 9, 2018, designates both sites as Edmonds Way Corridor. See Page 2, above. 15 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 245 9516 Edmonds Way (PRE2021-0011) 8.9.b 5. SUITABILITY The property is economically and physically suitable for multifamily use under the existing RM- 1.5 and the proposed RM-EW Zones. It is topographically separated and screened by vegetation from adjacent IRS zones. The sites are on Edmonds Way keeping the multi -family traffic out of the IRS neighborhoods. The site is proximate to the Westgate Commercial Center. 232NO ST SW - Community commercial community Commercial 16 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 246 9516 Edmonds Way (PRE2021-0011) 8.9.b Commercial WMU Westgate Mixed Use BP Planned Business BN Neighborhood Business ® FVMU Firdale Village Mixed Use _ BC Community Business - BC-EW Community Business, BC -Edmonds Way = CG General Commercial 17 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 247 9516 Edmonds Way (PRE2021-0011) 8.9.b 6. VALUE The relative gain to the public interest value is greater than the gain to the property owner represented in the rezone. There is no increase in the density for the developer. The developer in opting for the 35' height increase gains flexibility in design at the expense of the optional requirements. The public gains in sustainability and/or affordable housing, which are goals of the Edmonds Comprehensive Plan. 18 Rezone Application — 9530 Edmonds Way (PRE2021-0010) Packet Pg. 248 9516 Edmonds Way (PRE2021-0011) 8.9.b 0 9709 22718 I 'D 22719 1b 9706 92;9s — <n -D 22721 01 o •n �!_ i9505 22731 a n r }_- - - 228THSTSW 228TH STSW 11� Rti-$ �" RM-1.5 r ,✓ C_QMONDS WAY �. qlo 22809 yei n M PL SW 22804 0 .91196 9,r1 O m 'vim 9�77i AVF 23003 23001 1 1j = �L 73006 r``^nv,, " rv, �t I 23009 9S1i _ 23014 23017 95z9R5 23024 23027 9601 a 01 ss °tib 1 r a ATTAC H M E Packet Pg. 249 C7Y F Q,41�� CITY OF EDMONDS REVISED NOTICE OF PUBLIC HEARING ���• ti Kvo PROJECT DESCRIPTION: The applicant is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential — Edmonds Way (RM-EW). The review criteria for rezones are contained within Chapter 20.40 of the Edmonds Community Development Code. PROJECT LOCATION: 9530 and 9516 Edmonds Way, Edmonds, WA, Tax Parcel Number 27033600117600and 27033600100900 NAME OF APPLICANT: d/Arch LLC. —Matt Driscoll FILE NO.: PLN2022-0009 COMMENTS ON PROPOSAL DUE: May 25, 2022 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application can be obtained online at httr)s://www.edmondswa.izov/services/public involvement/public notices/dev elopment notices under the development notice for application number PLN2022-0009, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. A copy of the staff report will be available at least seven days prior to the hearing. PUBLIC HEARING INFORMATION: Due to COVID-19, a virtual public hearing will be held by the Planning Board on May 25, 2022 at 7 p.m. Join the Zoom meeting at: https://edmondswa- gov.zoom.us/i/88526558062?pwd=YUtoNGFFQ210Q2U5SDdwRUFadX15dz09 Or via phone by dialing 253-215-8782 Meeting ID: 885 2655 8062 Password: 598700 CITY CONTACT: Michele Q. Szafran, Planner / Michele.Szafran@edmondswa.gov / 425-771-0220 SEPA DETERMINATION: Notice is Hereby Given that the City of Edmonds has issued a Determination of Nonsignificance under WAC 197-11-340 for the above project. DATE OF ISSUANCE: April 27, 2022 SEPA COMMENTS: Comments regarding the SEPA determination are due May 11, 2022. SEPA APPEAL: This SEPA determination may be appealed by filing a written appeal citing the specific reasons for appeal with the required appeal fee no later than May 18, 2022 by 4:00 p.m. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. 8.9.b DATE OF NOTICE: May 4, 2022 ATTACHMEq Packet Pg. 250 8.9.b 01 a 9709 22718 9706 9Tps — D �o o rn 2 1ij1 �' J 22731 q 228THr—TS9V Wqy 22ao9�pMQNpS H PL SW 228D4 c ° 9, REZONE RM-1.5 SITE FROM TO RM-EW. 3;TH A►i& na 1 n a rn 23024 23009 9S2� ` a M95� pti�` 23017 9529R5 1� 9508 23027 9601 tie CL f �'� ,tip❑ X � rn r a Packet Pg. 251 8.9.b FILE NOs.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF MAILING On the 4th day of May, 2022, the attached Revised Public Hearing Notice was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 4th day of May, 2022, at Edmonds, Washington. Signed: {BFP747887.D0C;1\00006.900000\ } Packet Pg. 252 8.9.b FILE NOs.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF POSTING On the 4th day of May, 2022, the attached, Revised Notice of Public Hearing was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 4th day of May, 2022, at Edmonds, Washington. IBFP747893.DOC;1\00006.900000\ } Packet Pg. 253 8.9.b Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH953803 PLN2022-0009 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 05/04/2022 and ending on 05/04/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. PLNZOZZ- 0669 The amount the fee for svAh publication is $72.24• Linda Phillips Notary Public State of Washington My Appointment Expires 13/2912025 Commission Number 4.117 Subscr'bed and sworn before me on this �,p day of 29? N16tary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 MICIELE SZAFRAN Packet Pg. 254 8.9.b Classified Proof RA1202 2 - 000 9 CITY OF EDMONDS REVISED NOTICE'OF PUBLIC HEARING PROJECT DESCRIPTION: The applicant Is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential - Edmonds Way (RM-EW). The review criteria for rezones are contained within Chapter 20.40 of the Edmonds Community Development Code. PROJECT LOCATION: 9530 and 9516 Edmonds Way, Edmonds, WA, Tax Parcel Number 27033600117600 and 27033600100900 NAME OF APPLICANT'. d/Arch LLC. - Malt Driscoll FILE NO.: PLN2022-0009 COMMENTS ON PROPOSAL DUE: May 26, 2022 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecnsion hearing is provided, prior to the decision on the project permit. Information on this development application can be obtained online at https:/iw%w.edmondswa.gov/seNices/fublic—involvemenVptiblic_n oUces/deve lopm a n_notices under the -development notice for application number PLN2022- 0009, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquirles. A copy of the staff report will be avallable at least seven days prior to the hearing. PUBLIC HEARING INFORMATION: Due to COVID-19, a virtual public hearing will be held by the Planning Board on May 25, 2022 at 7 p.m. Join the Zoom meeting at� https:l/edmondswa. gov.zoom.usfj/88526558062?pwd=YU(oNGFF021002U5SDdWRU FadXl5dz09 Or via phone by dialing 253-215-8782 Meeting ID: 885 2655 8062 Password: 598700 CITY CONTACT: Michele Q. Szafran, Planner / Michele.Szafran@edmondswa.gov /425-771-0220 DATE OF NOTICE: May 4, 2022 Published: May 4, 2022. EDH953803 Proofed by Phillips, Linda, 05/04/2022 12:46:00 pin Page: 2 Packet Pg. 255 C7Y F Q,41�� CITY OF EDMONDS NOTICE OF PUBLIC HEARING AND SEPA THRESHOLD DETERMINATION PROJECT DESCRIPTION: The applicant is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential — Edmonds Way (RM-EW). The review criteria for rezones are contained within Chapter 20.40 of the Edmonds Community Development Code. PROJECT LOCATION: 9530 and 9516 Edmonds Way, Edmonds, WA, Tax Parcel Number 27033600117600and 27033600100900 NAME OF APPLICANT: d/Arch LLC. —Matt Driscoll FILE NO.: PLN2022-0009 COMMENTS ON PROPOSAL DUE: May 25, 2022 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application can be obtained online at httr)s://www.edmondswa.izov/services/public involvement/public notices/dev elopment notices under the development notice for application number PLN2022-0009, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. A copy of the staff report will be available at least seven days prior to the hearing. PUBLIC HEARING INFORMATION: Due to COVID-19, a virtual public hearing will be held by the Architectural Design Board on May 25, 2022 at 7 p.m. Join the Zoom meeting at: https://edmondswa- gov.zoom.us/i/88526558062?pwd=YUtoNGFFQ210Q2U5SDdwRUFadX15dz09 Or via phone by dialing 253-215-8782 Meeting ID: 885 2655 8062 Password: 598700 SEPA DETERMINATION: Notice is Hereby Given that the City of Edmonds has issued a Determination of Nonsignificance under WAC 197-11-340 for the above project. DATE OF ISSUANCE: April 27, 2022 SEPA COMMENTS: Comments regarding the SEPA determination are due May 11, 2022. SEPA APPEAL: This SEPA determination may be appealed by filing a written appeal citing the specific reasons for appeal with the required appeal fee no later than May 18, 2022 by 4:00 p.m. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. CITY CONTACT: Michele Q. Szafran, Planner / Michele.Szafran@edmondswa.gov / 425-771-0220 8.9.b Packet Pg. 256 8.9.b D 9709 22718 ° a 12714 9706 91105 D a� rn c a d O � 22731 qN — 228Tf-5TSW kn rn 2Z8iH STSW --- � . . o�p{d1OND5 WAY q1 �2809 11 PL SW 22804 � E- 9} � REZONE SITE FROM,, rj 4 ��' RM-1.5 TO RM-EW. � ry BC-EW 77 w - 97 0 "TH AL,, 23003 23001 23006 23009 �S�r r a � 0 95 0` 23017 ry Rc.' 957.9 ASS 23027 9601 9 titre CL �'or r a Packet Pg. 257 8.9.b FILE NOs.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF MAILING On the 27th day of April, 2022, the attached Public Hearing and SEPA determination was mailed by the City to property owners within 300 feet of the property that is the subject of the above - referenced application. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 271h day of April, 2022, at Edmonds, Washington. Signed: {BFP747887.D0C;1\00006.900000\ } Packet Pg. 258 8.9.b FILE NOs.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF POSTING On the 27th day of April, 2022, the attached, Notice of Public Hearing and SEPA Determination was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 27th day of April, 2022, at Edmonds, Washington. � x i, Signed: IBFP747893.DOC;1\00006.900000\ } Packet Pg. 259 r, A _ Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDI1953376 PLN2022-0009 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 issuc(s), such publication commencing on 04/27/2022 and ending on 04/27/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for s ch publication is S91.16. Linda Phillips Notary Public Subscribed and sworn 22 me on this State of Washington l� My Appointment Expires 8/29/2025 day of Commission Number4111 D Notary Public in and for the State of Washington. Cily of Cd.-& - LEGAL ADS 114101416 MIC1a:LL' SLAPRAN SCANNED pwwzz-OW9 Packet Pg. 260 Classified Proof SCANNED WZD-ZZ-0�09 q Ca CITY OF EDMONDS NOTICE OF PUBLIC HEARING AND N SEPA THRESHOLD DETERMINATION PROJECT DESCRIPTION: The applicant Is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential - Edmonds Way (RM-EW). The review O criteria for rezones are contained within Chapter 20.40 of the Edmonds Community Development Code. G PROJECT LOCATION: 9530 and 9616 Edmonds Way, Edmonds, WA, W Tax Parcel Number 27033600117600 and 27033600100900 NAME OF APPLICANT: d/Arch LLC. - Malt Driscoll M FILE NO.: PLN2022-0009 COMMENTS ON PROPOSAL DUE: May 25, 2022 (3) Any person has the fight to comment on this application during public comment period, receive notice and participate in any 06 hearings, and request a copy of the decision on the application. of The City may accept public at any time prior to the closing of the record of an open record predecision hearing, if any, T— L0 or, if no open record predecision hearing is provided, prior to the decision on the project permit. 0) Information on this development application can be obtained online at http://edmondswa.gov/public-notices-texUdevelopment- O notices.html N under the development notice for application number PLN2022- 0009, by emalling the Clty contact listed below, or by calling the City of Edmonds at 425-771-0220, Please refer to the application number for all inquiries. A copy of the staff report will be available at least seven days prior to the hearing. p PUBLIC HEARING INFORMATION: Due to COVID-19, a virtual public hearing will be held by the Architectural Design Board on p May 25, 2022 at 7 p.m. Join the Zoom meeting at: r htlps://edmondswa- N gov.zoom.us/U88526558062?pwd=YUtoNGFF021002U5SDdwRU N Fac1X15dz09 O Or via phone by dialing 253-215-8782 Meeting ID: 385 2655 8062 N Z Password:598700 J SEPA DETERMINATION: Notice Is Hereby Given that the City of (L Edmonds has issued a Determination of Nonsignificance under ... WAC 197-11.340 for the above project. DATE OF ISSUANCE: April 27, 2022 0) SEPA COMMENTS: Comments regarding the SEPA determination = are due May 11, 2022. •L SEPA APPEAL: This SEPA determination may be appealed by filing a wrlten appeal citing the specific reasons for appeal with the required appeal fee no later than May 18, 2022 by 4:00 p.m. _ Only parties of record as defined in ECDC 20-06,020 have standing to Initiate an administrative appeal. 2 CITY CONTACT: Michele 0. Szafran, Planner Mlchele.Szafran@edmondswa.gov / 425.771-0220 Published: April 27, 2022. EDH953376 7 a I rn 0 0 0 N N O N I t O Q d O co N r C O t V O r•+ r•+ Q r Q Proofed by Phillips, Linda, 04/27/2022 09:33:40 am Page: 2 Packet Pg. 261 8.9.b CITY OF EDMONDS NOTICE OF APPLICATION & COMMENT PERIOD FILE NUMBER PLN2022-0009 PROJECT DESCRIPTION: The applicant is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential — Edmonds Way (RM-EW). The review criteria for rezones are contained within Edmonds Community Development Code 20.40. PROJECT LOCATION: 9530 and 9516 Edmonds Way, Edmonds, WA. Tax Parcel Number 27033600117600 and 27033600100900 NAME OF APPLICANT: d/Arch LLC. — Matt Driscoll FILE NUMBER: PLN2022-0009 DATE OF APPLICATION: February 11, 2022 DATE OF COMPLETENESS: March 11, 2022 DATE OF PUBLIC NOTICE: March 25, 2022 REQUESTED PERMIT: Rezone OTHER REQUIRED PERMITS: SEPA Review EXISTING ENVIRONMENTAL DOCUMENTS: SEPA Checklist COMMENTS ON PROPOSAL DUE: April 8, 2022 (A Future Hearing Date and Notice will be Provided) Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The city may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. Information on this development application can be obtained online at https://www.edmondswa.izov/services/public involvement/public notices/development notices under the development notice for application number PLN2022-0009, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. CITY CONTACT: Michele Q. Szafran, Planner /425-771-0220/ Michele.Szafran@edmondswa Packet Pg. 262 8.9.b O` q 9706 9265 .a} a . Doti N 22731 q COO 8 ��g6.way1ti . PL S%iV y� �—, 804 9��5 aTC u: p ol 7 01 ry b 97 " �x�� �•�wly11U 9>TH Avk . -,I- 22719 rn < 22721 4 228TH-ST SW ss d 9505 2 �. �- in 228TH ST SW 15 sP 1DY M�MOcO f 0 REZONE SITE FROM m RM-1.5 TO RM-EW. CD Co Lo CD N d O� O 0 0 N N O N Z J a 23006 = �L d tx V a� LA oiCD N N O N I r- O d c0 Cn N C N t t� O r r Q C O t C� O r+ Q Packet Pg. 263 8.9.b FILE NO.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF MAILING On the 25th day of March, 2022, the attached Notice of Application, was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 25th day of March, 2022, at Edmonds, Washington. {BFP747887.D0C;1\00006.900000\ } Packet Pg. 264 8.9.b FILE NOs.: PLN2022-0009 Applicant: Matt Driscoll - d/Arch LLC. DECLARATION OF POSTING On the 25th day of March, 2022, the attached Notice of Application, was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Michele Q. Szafran, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 25th day of March, 2022, at Edmonds, Washington. Signed: IBFP747893.DOC;1\00006.900000\ } Packet Pg. 265 Classified Proof n1 ?V2,02 ).,* ot�U� CITY OF EDMONDS NOTICE OF APPLICATION 6 COMMENT PERIOD FILE NUMBER PLN2022-0009 PROJECT DESCRIPTION' The applicant is proposing to rezone the subject properly from Multiple Residential (RM-1.5) to Multiple Residential - Edmonds Way (RM-EW). The review criteria for rezones are contained vrithin Edmonds Community Development Code 20.40. PROJECT LOCATION: 9530 and 9516 Edmonds Way, Edmonds, WA. Tax Parcel Number 27033600117600 and 27033600100900 NAME OF APPLICANT: d/Arch LLC. - Matt Driscoll FILE NUMBER: PLN2022-0009 DATE OF APPLICATION: February 11, 2022 DATE OF COMPLETENESS: March 11, 2022 DATE OF PUBLIC NOTICE: March 25, 2022 REQUESTED PERMIT: Rezone OTHER REQUIRED PERMITS: SEPA Review EXISTING ENVIRONMENTAL DOCUMENTS: SEPA Checklist COMMENTS ON PROPOSAL DUE: April 8, 2022 (A Future Hearing Dale and Nolice will be Provided) Any persnn.has the right to comment on.lhis.applicali0n_Quring the public comment period, receive notice and participate In any hearings, and request a copy of the decision on the application. The city may accept public comments at any time prior to the closing of the record of an open record predeclsion hearing, if any, or, if no open record predecislon hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. Information on this development application can be obtained online at hltps://www.edinondswa.gov/services/public_involve me nl/public_n ollces/developm ent_nolic es under the development notice for application number PLN2022- 0009, by emailing the City contact listed below, or by calfng the City of Edmonds at 425-771-0220. Please refer to the application number for all Inquiries. CITY CONTACT. Michele Q. Szafran, Planner / 425-771-0220 Michele.Szatran@edmondswa.gov Published' March 25. 2022. EDH951123 Proofed by Phillips, Linda, 03/25/2022 08:04:03 21111 Page::' Packet Pg. 266 .4 Everett Daily Herald �f Affidavit of Publication State of Washington } County of' Snohomish } ss E Michael Gates being first duly sworn, upon LU oath deposes and says: that he/she is the legal M representative of the Everett Daily Herald a CO daily newspaper. The said newspaper is a legal °a newspaper by order of the superior cow-t in the county in which it is published and is now and has been for more than six months prior to the d C (talc of the first publication of the Notice N hereinafter referred to, published in the ]inglisl) d language continually as a daily newspaper u) Snohomish County, Washington and is and p always has been printed in whole or part in the N Everett Daily Herald and is of general c circulation in said County, and is a legal N Z newspaper, in accordance with the Chapter 99 J of the Laws of 1921, as amended by Chapter a 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of L Snohomish County, State of Washington, by a) order dated June 16, 1941, and that the annexed = _v is a true copy of GDI-I951123 PLN2022-0009 as it was published in the regular and entire issue of 3 a said paper and not as a supplement form thereof for a period of 1 issue(s), such publication c commencing on 03/25/2022 and ending on e N 03/25/2022 and that said newspaper was NN CD regularly distributed to its subscribers during all C14 of said period. t O Q 'file amount the fee for cl �icSrr�PS 570.52. - � R C/) N Subscribed and sworn be( re me on this TOO, tit i I nl In1r,, of Notary F uhlic 1 SPat , day of Washin Iton O I THY APPoinUnenl 1=spirra rt/ ;)/20i!� J � Conu'nlssMn IJumbur 441y �.i C 4) t Notary Public in and for the State of Q I Washington. (Iy of lids o-ds - LEGAL ADS 114101416 M ICI IELIi S7.A1'IL\N Packet Pg. 267 8.9b City of Edmonds V, His f 00 wo•4- r 17 i ri MV .aim•. �~! MAILING LIST MAP w■ I 22 TIMao I PL T Ln LX: 1 En ■ -------229T#-ST------------- LU r ' 1 77 � C AliIL7�J� © ■ � L7INJIAN � A A U f yl IL 23 5 T N l .1 I 1:4,261 0 355.09 710.2 Feet 528.8 This ma is a user generated static output from an Internet mapping site and is 6,346 p B p pp B reference only. Data layers that appear on this map may or may not be accura WGS 1984 Web Mercator_Auxiliary_Sphere current, or otherwise reliat © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC M LO CD EaCa Ln 1 « wIDUDaCae c 0 Legend - - Sections Boundary C Sections O O I- Edmonds Boundary N N ArcSDE.GIS.PROPERTY_BUILDIP N ArcSDE.GIS.STREET_CENTERLIN J — <all other values> d Interstate O C Principal Arterial Minor Arterial; Collector = t� Local Street; On Ramp 7 State Highways d — <all other values> OI 0 -- 0 o 1 N 2 O NI County Boundary C Parks CL d ArcSDE.GIS.PROPERTY_WASHII ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES N City of Edmonds C City of Lynnwood 41 Z City of Mountlake Terrace 0 Unincorporated King Co; Unincor City of Woodway Q Citv of Arlinaton: Citv of Bothell:( _ m s Notes 9516 & 9530 EDMONDS WAY PLN2022-0009 Q Packet Pg. 268 Y of EUA,O CITY OF EDMONDS es, ia�o 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 DETERMINATION OF NONSIGNIFICANCE Description of proposal: The applicant is proposing to rezone the subject property from Multiple Residential (RM-1.5) to Multiple Residential — Edmonds Way (RM-EW). The review criteria for rezones are contained within Edmonds Community Development Code 20.40 (File No. PLN2022-0009). Proponent: d/Arch LLC. — Matt Driscoll Location of proposal: 9530 and 9516 Edmonds WA, Edmonds, WA, Tax Parcel Number 27033600117600 and 27033600100900 Lead agency: City of Edmonds The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. The City of Edmonds has determined that the requirements for environmental analysis and protection have been adequately addressed in the development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158 and/or mitigating measures have been applied that ensure no significant adverse impacts will be created. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. XX This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by May 11, 2022. Project Planner: Michele Q. Szafran, Planner Responsible Official: Kernen Lien, Interim Planning Manager Contact Information: City of Edmonds 1 121 5th Av nue orth, Edmonds 98020 1 425-771-0220 Date: April 27, 2022 Signature: \11,-) XX You may appeal this determination to Kernen Lien, Planning Manager, at 121 5th Avenue North, Edmonds, WA 98020, by filing a written appeal citing the specific reasons for the appeal with the required appeal fee, adjacent property owners list and notarized affidavit form no later than May 18, 2022. You should be prepared to make specific factual objections. Contact Kernen Lien to read or ask about the procedures for SEPA appeals. XX Posted on April 27, 2022, at the Edmonds Public Library and Edmonds Public Safety Building. Published in the Everett Herald. Emailed to the Department of Ecology SEPA Center (SEPAunit@ecy.wa.gov). Mailed to property owners within 300 feet of the site. XX Distribute to "Checked" Agencies below. The SEPA Checklist, DNS, and associated documents are available at https://www.edmondswa.gov/services/public involvement/public notices/development notices under the file application number PLN2022-0009, or by emailing the City contact listed above, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. Search under permit file number PLN2022-0009. Page 1 of ATTACHMEJ Packet Pg. 269 Distribution List: This DNS and SEPA checklist were distributed to the following: 8.9.b ® Applicant ® Dept. of Ecology ❑ City of Everett ❑ Parties of Record ❑ Dept. of Ecology - Shorelands ❑ City of Lynnwood ❑ Dept. of Natural Resources ❑ City of Mountlake Terrace ❑ US Army Corps of Engineers ❑ Dept. of Commerce ❑ City of Mukilteo ❑ US Fish and Wildlife ® WSDOT ❑ City of Shoreline ❑ WSDOT — Ferries ❑ Town of Woodway ® Puget Sound Energy ❑ Dept. of Fish & Wildlife ® Snohomish PUD ❑ Dept. of Health — Drinking Water ❑ Snohomish Co. Public Works ® Olympic View Water & Sewer © Dept. of Arch. & Historic Pres. ❑ Snohomish Co. PDS ❑ Alderwood Water District ❑ Dept. of Parks and Rec. Commission ❑ Snohomish Co. Health Dist. ® Edmonds School District ❑ Port of Edmonds ❑ Puget Sound Clean Air Agency ❑ King County - Transit © South County Fire ❑ Puget Sound Regional Council ❑ King County — Environ. Planning © Swedish Hospital ❑ Puget Sound Partnership © Community Transit ® Tulalip Tribe ❑ Other pc: File No. PLN2022-0009 SEPA Notebook Page 2 of Packet Pg. 270 OV EDJD #P71 �~ CITY OF EDMONDS syo ENVIRONMENTAL CHECKLIST Purpose of Checklist: 8.9.b The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: For nonproject proposals complete this checklist and the supplemental sheet for nonproject actions (Part D). the lead agency may exclude any question for the environmental elements (Part B) which they determine do not contribute meaningfully to the analysis of the proposed nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: 9530 Edmonds Way and 9516 Edmonds WA (Cascara) 2. Name of applicant: Shaun C. Leiser/Jake Lyon 3. Address and phone number of applicant and contact person: Shaun C. Leiser, SCL Enterprises LLC, P.O. Box 60216, Shoreline WA, 206.229.6038 (9530 Edmonds Wax) Jake Lyon, Westerly LLC, 320 Dayton St, Ste 101, Edmonds, WA 98020, 425.422.0053 (9516 Edmonds Way, Cascara) 4. Date checklist prepared: 211012022 (Revised 312312022) 5. Agency requesting checklist: City ofEdmonds Q 6. Proposed timing or schedule (including phasing, if applicable): None Revised on 9116116 9530-9516-EdmondsWay_SEPA Page 1 of 28 Packet Pg. 271 8.9.b (STAFF COMMENTS) 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not applicable (STAFF COMMENTS) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None known (STAFF COMMENTS) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. (STAFF COMMENTS) Q Revised on 9119116 953 0-9516-EdmondsWay_SEPA Page 2 of 28 Packet Pg. 272 8.9.b 10. 11 12. List any government approvals or permits that will be needed for your proposal, if known. (STAFF COMMENTS) Give brief, complete description of your proposal, including the proposed uses and size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. This checklist is submitted in support of a rezone from RM-1.5 to RM-EW (STAFF COMMENTS) Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide range or boundaries of the site(s). Provide legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 9530 and 9516 Edmonds Way (Cascara) (STAFF COMMENTS) CD E L. d IL 0 I 0 0 0 N N O N I r- 0 0. d cW Cn N C N E t U M r r Q C E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 3 o28 Packet Pg. 273 8.9.b TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: Relatively flat within 100' ofEdmonds Way: sloping up towards south a back of 9530 Edmonds Way (STAFF COMMENTS) b. What is the steepest slope on the site (approximate percent slope)? 25% (STAFF COMMENTS) C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, and muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long term commercial significance and whether the proposal results in removing any of these soils. Not Known (STAFF COMMENTS) d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None (STAFF COMMENTS) Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 4 o28 Packet Pg. 274 8.9.b 2. e. f. 9. h. AIR a. Describe the purpose, type, total area and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. (STAFF COMMENTS) Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not Applicable (STAFF COMMENTS) About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not Applicable (STAFF COMMENTS) Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not Applicable (STAFF COMMENTS) What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None (STAFF COMMENTS) Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 5 o28 Packet Pg. 275 8.9.b 0 b. Are there any off -site sources of emissions or odor that may effect your proposal? If so, generally describe. (STAFF COMMENTS) C. Proposed measures to reduce or control emissions or other impacts to the, if any: None (STAFF COMMENTS) WATER a. Surface: (1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and N seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If J appropriate, state what stream or river it flows into. a None Known CD E d (STAFF COMMENTS) IL i m 0 2 Will the project require an work over, in or adjacent to within 200 feet the described waters? If O P J 9 Y J ( ) 0 c N yes, please describe and attach available plans. c N Not Applicable r_I 0 0. d (STAFF COMMENTS) : Cn N (3) Estimate the amount of fill and dredge material that would be placed in or removed from surface c water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill E material. U 0 Not Applicable Q c m E (STAFF COMMENTS) .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 6o28 Packet Pg. 276 8.9.b (4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. (STAFF COMMENTS) (5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Not known (STAFF COMMENTS) (6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not Applicable (STAFF COMMENTS) b. Ground: (1) Will ground water be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well Will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not Applicable (STAFF COMMENTS) Q Revised on 9119116 953 0-9516-EdmondsWay_SEPA Page 7 of 28 Packet Pg. 277 8.9.b C. (2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. (STAFF COMMENTS) Water Runoff (including storm water): (1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not Applicable (STAFF COMMENTS) (2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable (STAFF COMMENTS) (3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Not applicable (STAFF COMMENTS) a� m 2 IL m I 0 0 0 N N O N I r- O O. d c� Cn N C N E z U Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 8 o28 Packet Pg. 278 8.9.b roI 4. Plants a. b. Proposed measures to reduce or control surface, ground, runoff water, and drainage pattern impacts, if any: Not annlicable (STAFF COMMENTS) Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other:_ X evergreen tree: fir, cedar, pine, other: X shrubs X grass_ pasture crop or grain Orchards, vineyards or other permanent crops wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other: water plants: water lily, eelgrass, milfoil, other: other types of vegetation: (STAFF What kind and amount of vegetation will be removed or altered? Not Applicable (STAFF COMMENTS) Q Revised on 9119116 953 0-9516-EdmondsWay_SEPA Page 9 of 28 Packet Pg. 279 8.9.b C. d. e. List threatened or endangered species known to be on or near the site. (STAFF COMMENTS) Proposed landscaping, use of native plants, or other materials to preserve or enhance vegetation on the site, if any: Not Applicable (STAFF COMMENTS) List all noxious weeds and invasive species known to be on or near the site. None known (STAFF COMMENTS) 5. Animals a. List any birds and other animals that have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: None mammals: deer, bear, elk, beaver, other: None fish: bass, salmon, trout, herring, shellfish, other: None (STAFF COMMENTS) a� d 2 a CD I 0 0 0 N N O N I r- 0 0. d c� W N c d E z 0 Q c m E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 10 o28 Packet Pg. 280 8.9.b b. C. d. e. List any threatened or endangered species known to be on or near the site. None known (STAFF COMMENTS) Is the site part of a migration route? If so, explain. Not known (STAFF COMMENTS) Proposed measures to preserve or enhance wildlife, if any: Not Applicable (STAFF COMMENTS) List any invasive animal species known to be on or near the site. Not applicable (STAFF COMMENTS) 6. Energy and Natural Resources aM E m IL CD I 0 0 0 N N O N I r- O d cW W N C N E t U r Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page IIo28 Packet Pg. 281 8.9.b 7 a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. (STAFF COMMENTS) b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable (STAFF COMMENTS) C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable (STAFF COMMENTS) Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so describe. None applicable (STAFF COMMENTS) aM E L d Z a I 0 0 0 N N O N I r- O d c� Cn N c d E t Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 12o28 Packet Pg. 282 8.9.b (1) Describe any known or possible contamination at the site from present or past uses. None known (STAFF COMMENTS) (2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None known (STAFF COMMENTS) (3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or constructions, or at any time during the operating life of the project. Not Applicable (STAFF COMMENTS) (4) Describe special emergency services that might be required. Not applicable (STAFF COMMENTS) (5) Proposed measures to reduce or control environmental health hazards, if any: Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 13 o28 Packet Pg. 283 8.9.b b. (STAFF COMMENTS) Noise (1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable (STAFF COMMENTS) (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hour's noise would come from the site. Not applicable (STAFF COMMENTS) (3) Proposed measures to reduce or control noise impacts, if any: Not applicable (STAFF COMMENTS) a� m 2 IL Im I 0 0 0 N N O N I r_ O d c0 N C a) E t U O r Q c a) E t n n: .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 14o28 Packet Pg. 284 8.9.b 8. Land and Shoreline Use a. b. C. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Both 9530 Edmonds way and 9516 Edmonds Way (Cascara) are vacant without any buildings. 9530 Edmonds Way is vegetated. 9516 Edmonds Way (Cascara) is cleared of vegetation and partially paved (STAFF COMMENTS) Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No (STAFF COMMENTS) (1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: (STAFF COMMENTS) Describe any structures on the site. None (STAFF COMMENTS) a� c c� d 2 IL CD I 0 0 0 N N O N I 0 0. d cW Cn Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 15o28 Packet Pg. 285 8.9.b d. Will any structures be demolished? If so, what? (STAFF COMMENTS) e. What is the current zoning classification of the site? RM-1.5 (STAFF COMMENTS) f. What is the current comprehensive plan designation of the site? Edmonds Way Corridor (STAFF COMMENTS) g. If applicable, what is the current shoreline master plan designation of the site? Not Applicable (STAFF COMMENTS) h. Has any part of the site been classified critical area by the city? If so, specify. No (STAFF COMMENTS) CD E L. d IL CD i 0 0 0 N N O NI r- 0 0. d cc Cn N C N E t U r Q c m E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 16o28 Packet Pg. 286 8.9.b j• k. In. Approximately how many people would reside or work in the completed project? (STAFF COMMENTS) Approximately how many people would the completed project displace? Not applicable (STAFF COMMENTS) Proposed measures to avoid or reduce displacement impacts, if any: Not Applicable (STAFF COMMENTS) Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The site is currently compatible with existing and projected land uses and plans. Changing the Zoning from RM- 1.5 to RM-EW will have no e,(fect on this compatibility. (STAFF COMMENTS) Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: Not Applicable (STAFF COMMENTS) aM E L. m IL i CD 0 0 0 N N 0 NI O d c0 W N C a) E t U M r Q c a) E t n M .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 17o28 Packet Pg. 287 8.9.b 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not Applicable (STAFF COMMENTS) b. Approximately how many units, if any would be eliminated? indicate whether high, middle, or low-income housing. Not agplicable (STAFF COMMENTS) C. Proposed measures to reduce or control housing impacts, if any: Not applicable (STAFF COMMENTS) 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principle exterior building material(s) proposed? Not applicable (STAFF COMMENTS) aM E m 2 B 0 IL CD I 0 0 0 N N O N I r_ 0 0. d c� Cn N c d E z 0 r Q c m E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 18o28 Packet Pg. 288 8.9.b 11 b. What views in the immediate vicinity would be altered or obstructed? (STAFF COMMENTS) C. Proposed measures to reduce or control aesthetic impacts, if any: None (STAFF COMMENTS) Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable (STAFF COMMENTS) b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable (STAFF COMMENTS) C. What existing off -site sources of light or glare may affect your proposal? Not applicable (STAFF COMMENTS) aM E L d a i CD 0 0 0 N N O N rI O d c0 Cn N C N t t� r Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 19o28 Packet Pg. 289 8.9.b d. Proposed measures to reduce or control light and glare impacts, if any: (STAFF COMMENTS) 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Unknown (STAFF COMMENTS) b. Would the proposed project displace any existing recreation uses? If so, describe. None (STAFF COMMENTS) C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not applicable (STAFF COMMENTS) N C d E z U Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 20 of 28 Packet Pg. 290 8.9.b 13. Historic and Cultural Preservation a. b. C. d. Are there any buildings, structures, or sites located on or near the site that are over 45 years old listed in, or eligible for listing in national, state, or local preservation registers? If so, specifically describe. None known (STAFF COMMENTS) Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None known. (STAFF COMMENTS) Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the Department of Archeology and Historic Preservation, archaeological surveys, historic maps, GIS date, etc. Not applicable (STAFF COMMENTS) Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Not applicable (STAFF COMMENTS) aM E L. d IL CD I 0 0 0 N N O N I r- O d cW W N C N E z U M Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 21 o28 Packet Pg. 291 8.9.b 14. Transportation a. b. C. d. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. Edmonds Wav is to the East of both 9530 Edmonds Way and 9516 Edmonds Wav (Cascara) (STAFF COMMENTS) Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Not applicable (STAFF COMMENTS) How many additional parking spaces would the completed project or nonproject proposal have? How many would the project or proposal eliminate? Not applicable (STAFF COMMENTS) Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities not including driveways? If so, generally describe (indicate whether public or private). Not applicable aM E m 2 IL M I 0 0 0 N N O N I r- O d c0 Cn N C N t t� O r r Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 22 of 28 Packet Pg. 292 8.9.b e. f. 9. h. (STAFF COMMENTS) Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. None known. (STAFF COMMENTS) How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and passenger vehicles). What data or transportation models were used to make these estimates? Not applicable (STAFF COMMENTS) Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Not applicable (STAFF COMMENTS) Proposed measures to reduce or control transportation impacts, if any: Not applicable aM E L. d IL m I 0 0 0 N N 0 N I r- 0 0. d cW Cn N C N E t 0 r Q c m E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 23 of 28 Packet Pg. 293 8.9.b (STAFF COMMENTS) 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. Not applicable (STAFF COMMENTS) b. Proposed measures to reduce or control direct impacts on public services, if any: Not applicable (STAFF COMMENTS) 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: Not applicable (STAFF COMMENTS) b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Not applicable aM E L. m IL i CD 0 0 0 N N O NI r- 0 0. d cW Cn N C N E t U 0 r Q c m E t 0 .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 24 of 28 Packet Pg. 294 8.9.b (STAFF COMM Ammu"M Its] RV i declare under penalty of perjury laws that the above answers are true and correct to the best of my knowledge. l understand that the lead agency is relying on them to make its decision. Signature of Proponent z A Date Subm itted Revised an 9.19 16 9530-9516-Ltii;iond.vi9 gi,_SI:P.i! Packet Pg. 295 8.9.b D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The rezone will have no effect on the existing discharge to water, emissions to air, and production, storage, or release of toxic or hazardous substance or production of noise. However when a project is built on the site it will have a positive impacrt on the current uncontrolled dischar ee of water. There will be no increase in the production, storage or release of toxic or hazoedous substances. There will be, when a project is built on -site, an increase in automobile emissions to the air and a moderate increase in noise. Proposal measures to avoid or reduce such increases are: No measures will be taken for this rezone. When a proiect is built on Wte it will comply with all applicable regulations. In addition it will likely comply with Green Building Standards and LID (Low Impact Development) 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The rezone proposal will have no effect Proposed measures to protect or conserve plants, animals, fish, or marine life are: When a project is built on site some of this vegetation and habitat will be retained and restored. 3. How would the proposal be likely to deplete energy or natural resources? The rezone proposal will have no effect Proposed measures to protect or conserve energy and natural resources are: aM E d IL CD I 0 0 0 N N O N I r- O d cW W N C N t t� O Q c m E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 26 of 28 Packet Pg. 296 4. j 6. When a project is built on site it will require enemy and deplete natural resources. When a project is built on site it will comply with all applicable regulations. In addition it will likely comply with Green Building Standards and LID (Low Impact Development) which will conserve energy and utilize sustainable materials How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The rezone proposal will have no effect Proposed measures to protect such resources or to avoid or reduce impacts are: When a proiect is built on site it will still have no e,(fect. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The rezone proposal will have no effect because the site as it is currently intendedforthe same use and is compatible with the Edmonds Comprehensive Plan and Land Use Regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: None. How would the proposal be likely to increase demands on transportation or public services and utilities? The rezone proposal will have no eLfect Proposed measures to reduce or respond to such demand(s) are: When a proiect is built on site it will increase demand for public services and utilities. a� d IL I 0 0 0 N N O N I r- O Q. d cW Cn N c d E t r Q c O E t .r Q Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 27 of 28 Packet Pg. 297 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The rezone proposal will have no conflicts. When a protect is built on -site it will not conflict with local, state, or federal laws or the protection of the enviroment Revised on 9119116 9530-9516-EdmondsWay_SEPA Page 28 of 28 Packet Pg. 298 I 8.9.b I City Of Edmonds COMPREHENSIVE MAP 0 63.15 126.3 Feet 94.0 This ma is a user generated static output from an Internet mapping site and is for �,�28 P� B P PP B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend 0 ReZones PRD RoW Comprehensive Plan . Retail Core . Arts Center Corridor Downtown Mixed Commercial Downtown Convenience Downtown Mixed Res Downtown Master Plan Shoreline Commercial Planned Residence -Office Single Family Urban1 Single Family Urban2 Single Family Urban3 Single Family - Resource Single Family - MP Multi Family - Medium Den Multi Family - High Densi Neighborhood Commercial Community Commercial Planned -Neighborhood Mixed Use Commercial Corridor Development Edmonds Way Corridor Medical Notes PLN2022-0009 9516 & 9530 Edmonds Way j Packet Pg. 299 1 8.9.b Land Use Element Land Use Map Whenever there are references in this plan to categories of land use, they shall apply to areas shown on the Comprehensive Plan Map as follows: Plan Map Designation Land Use Type Compatible Zoning Density Classifications Units/Acre Activity Center Mix of uses; refer to specific See appropriate category below; plan designations within activity also refer to specific activity center center discussion in plan Corridor Development Mixed use development See appropriate category below; corridor; refer to specific plan also refer to specific corridor designations within corridor discussion in plan Designated Park or School Site Public Facility P-zone or appropriate R-zone compatible with neighborhood. Single Family, Resource Single family RSW-12, RS-12, RS 20 c 4 Single Family, Urban 3 RS-10 ¢ 4.4 Single Family, Urban 2 RS-8 ¢ 5.5 Single Family, Urban 1 RS-6, RS-8 5-8 ..... _... _................ ._... _.... .................. _... _.... _.... _.._..._._.._..._....._.._..._._ Multi Family - High Density .... _... ._... _... _.._..... _.._..._._...._.._._ Multi family ..................... ...... _... _..... _... _..._..._.._.._._..._.._..... _.._...__.._ RM-I.5, RM-2.4 ... ._.... _..._..._... _..... ...... 18-30 Multi Family — Medium Density RM-2.4, RM-3.0 < 18 Mixed Use Commercial Commercial Mixed Use Commercial or mixture of zones Community Commercial WNW, BC, BN, or equivalent Neighborhood Commercial BN or equivalent based on neighborhood plan Highway 99 Corridor CG; may include transitional zones as appropriate Edmonds Way Corridor BP, BN, BC, or similar commercial zone; RM zones Westgate Corridor (Planned BP, BN Business) Hospital 1 Medical m...m...m..........._.. _...... �..m.....�.._....._..._..._...�..m Special Use District ...... ......... .._... .._._..._.._.. ..._.—.......m.. Hospital or Medical zone ......... .................m...m......m.._......_..._.. .._..._..._......_..—. .... Master Plan Development Master Plan Master Plan Overlay or equivalent classification Public Use or ParklOpen Space Public or Parks P, OS, or equivalent classification Land Use 37 tM E cv d 2 7 IL CD I 0 0 0 N N 0 N I r- O O. d co to 04 N E t U M r r Q C O E t U O .r Q Packet Pg. 300 8.9.b Date: To: From: Subject MEMORANDUM April 22, 2022 Michele Szafran, Associate Planner Jeanie McConnell, Engineering Program Manager PLN2022-0009 — Rezone RM-1.5 to RM-EW Cascara, LLC — 9516 Edmonds Way SCL Enterprises, LLC — 9530 Edmonds Way Engineering has reviewed the subject application and found the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed with future building permit application, if any, for development on the site. The proposed rezone from RM-1.5 to RM-EW will not change the underlying density of the subject properties. Per Edmonds Community Development Code 16.30.030 Site Development Standards, both the RM-1.5 and RM-EW zones require 1,500 sf of lot area per dwelling unit. In addition, the project narrative indicates a shared access will be utilized/provided between the two subject properties as well as 9520 and 9524 to the south/southeast. In consideration of these facts, a transportation analysis is not required at this time and can be deferred to the future developmentibuilding permit phase of the project. In addition, with future development, the location of the shared driveway access point to Edmonds Way shall address sight distance consistent with City Standard Detail TR-590. Thank you. City of Edmonds ATTAC H M E Packet Pg. 301 9boN 01 23001 204'-9" 1-0 LP N 30 Packet Pg. 302 ATTACHMENT08 8.9.b CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION 'fly 1S9V March 11, 2022 Matt Driscoll 2412 Westlake Ave. N. Ste. 3 Seattle, WA 98109 mattd&darchllc.com Subject: Letter of Completeness and Request of Additional Information Rezone Application Number PLN2022-0009 Mr. Driscoll: On behalf of the City of Edmonds Planning Division, I have reviewed the application for a rezone on the property located at 9530 and 9516 Edmonds Way from Multiple Residential (RM 1.5) to Multiple Residential Edmonds Way (RM-EW) for completeness pursuant to Edmonds Community Development Code (ECDC) 20.02.002. The City has determined that the application meets the procedural submission requirements and therefore is complete. Please accept this letter as the City's notice to applicant of determination of completeness pursuant to ECDC 20.02.003. While the application is procedurally complete, additional information and clarifications are needed for continued review of the application. Please respond to the following so review of this application may continue: SEPA Comments: A complete SEPA checklist is required. Sheets 26 and 27 of the SEPA checklist state "Not applicable", however this section must be addressed for nonproject actions. Please address. 2. Sheet 17 of the SEPA checklist, item (1) asks for proposed measures to ensure the proposal is compatible with existing and projected land uses. This needs to be addressed since the question is relevant to the proposed rezone. Narrative Statement: 3. The applicant's narrative statement calls out "See Fig. XX" on several other sheets, please verify what figure XX is refereeing to, has this been submitted for review? According to ECDC 20.02.003.1), the above requested information must be submitted within 90 days (or by June 9, 2022) or the application may expire. Since the application has been determined to be procedurally complete, a notice of application will be posted on the subject property and mailed to adjacent property owners within the next two weeks consistent with ECDC 20.03.002. ATTACHMEq Packet Pg. 303 8.9.b A public hearing before the Planning Board will be scheduled at a later date. The Planning Board meets on the second and fourth Wednesday of each month. I will work with you on scheduling the meeting before the Planning Board based on your availability. If you have any questions of me, please contact me at 425-771-0220 or via email at mchele. szafran(& edmondswa. gov. Sincerely, Michele Q. kafran/Planner Packet Pg. 304 8.9.c O Packet Pg. 305 8.9.c co as m c 0 N N O O O N N O N Z J IL c 0 r 0 r c m U) a� L a. �L a c� �i r c m E a a Packet Pg. 306 I. R5-8 liL SLV 22804 1 t w 1°-Wmu - TH Al// 23003 23401 23014 �, 23012 r"'+ 23024 7nn77 o�n, 7721 19505 2 2B TH3T SW a 9s08 rn 228TH ST S-W V-- v 4REZONE SITE FROM RM-1.5 TO RM-EW. 8.9.c c 0 N N F rn 0 O O N N O N Z J a 0 L cn 2 a c� �i c m E c m u O Q Packet Pg. 307 8.9.c E z r a Packet Pg. 308 8.9.c r U) O) d C O N O O O O O N N O N Z J d C O r R r C d N d L CL �L M ci IL M r c m E �a r w a r r a Packet Pg. 309 8.9.c Packet Pg. 310 8.9.c r U) O) d C O N O O O O O N N O N Z J d C O r R r C d N d L CL �L M ci IL M r c m E �a r w a r r a Packet Pg. 311 R M�5 JAM'' N Z J IL Packet Pg. 313 8.9.c co as m c 0 N N O O O N N O N Z J IL c 0 r 0 r c m U) a� L a. �L a c� �i r c m E a a Packet Pg. 314 8.9.c co as m c 0 N N O O O N N O N Z J IL c 0 r 0 r c m U) a� L a. �L a c� �i r c m E a a Packet Pg. 315 8.9.c co as m c 0 N N O O O N N O N Z J IL c 0 r 0 r c m U) a� L a. �L a c� �i r c m E a a Packet Pg. 316 8.9.d CITY OF EDMONDS PLANNING BOARD Minutes of Webinar Meeting May 25, 2022 Chair Crank called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES Board Member Rosen read the Land Acknowledgement. Board Members Present Alicia Crank, Chair Roger Pence, Vice Chair Matt Cheung Todd Cloutier Judi Gladstone Richard Kuehn Mike Rosen Beth Tragus-Campbell (alternate) Lily Distelhorst (student rep) Board Members Absent None Staff Present Kernen Lien, Planning Division Manager Angie Feser, Parks, Recreation & Cultural Services Director Jen Leach, Environmental Education and Sustainability Coordinator Michelle Szafran, Associate Planner Anna Huttel, Certification Director, Salmon -Safe Dan Kent, Executive Director, Salmon -Safe READING/APPROVAL OF MINUTES Board Member Rosen referred to packet page 6 and asked if Redefining Streets and Public Spaces is the same as Reimagining Neighborhoods and Streets. Mr. Lien stated he would verify the name of the project. MOTION MADE BY VICE CHAIR PENCE, SECONDED BY BOARD MEMBER GLADSTONE, TO APPROVE THE MINUTES OF MAY 11 AS PRESENTED. MOTION PASSED (5-2) WITH BOARD MEMBERS CLOUTIER AND KUEHN ABSTAINING. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Planning Board Meeting Minutes May 25, 2022 Pagel of 6 Packet Pg. 317 8.9.d Margie Fields was pleased that the Board would be hearing about Salmon -Safe tonight and was interested in hearing their thoughts about it. She appreciated the numerous detailed recommendations and timelines. She noted, however, that she did not see what specific results they expected from the recommendations. ADMINISTRATIVE REPORTS A. Salmon -Safe Certification Report Director Feser introduced this project. She acknowledged Jen Leach, Environmental Education and Sustainability Coordinator, who helped with a lot of this project. Salmon -Safe consultants Anna Huttel and Dan Kent made the presentation. Mr. Kent gave an overview of Salmon -Safe and discussed their work with various parks systems and municipalities. Ms. Huttel discussed the City of Edmonds' certification process and provided an overview of the Salmon -Safe certification report which gives a system -wide evaluation of watershed impacts. This includes an analysis of programming, a series of site assessments, a report of team findings and recommendations, certification upon acceptance of recommendations, and an annual review of project activity. The Salmon -Safe Science Team has recommended that the City of Edmonds be certified as Salmon -Safe subject to 3 preconditions, 12 conditions, and 6 recommendations that address topics ranging from habitat protection and restoration to stormwater management, integrated pest management, and de-icing products. Board Comments and Questions: Board Member Campbell commended the team for this work and the report. She asked for a clarification about how the term pesticide is used. Ms. Huttel explained that it includes pesticides and also herbicides and fungicides. Board Member Campbell referred to Precondition 3 and the recommendation to phase out High Hazard Pesticides. She asked for clarification about what level of communication is needed in terms of the justification memos and requests and if these needs to happen for each instance. Ms. Huttel replied that they provide variances typically as part of the Integrated Pest Management plan. These can be provided on an ongoing basis for targeted use on a specific species. Board Member Gladstone was very pleased that the City is pursuing this certification. She asked about the difference between preconditions and conditions. Ms. Huttel explained that preconditions are items that have to be addressed before certification can be finalized. Conditions are things that the City works on after the certification cycle has started. Board Member Gladstone asked where the City is at in meeting the preconditions. Director Feser stated that the City does have an Integrated Pest Management (IPM) plan but it could use some updating which will include some public process. Board Member Gladstone asked about the impact of the conditions on the budget. Director Feser replied that this is part of the work that is being done with staff members from other departments before taking this report to Council. Board Member Rosen asked about expected results. Mr. Kent stated it is very difficult to quantify the outcome of the conditions. They have seen significant improvement over the years of working with the City of Portland in terms of water quality and fish presence. Board Member Rosen asked about prioritizing the conditions and recommendations. Ms. Huttel thought that was a possibility with the involvement of the Science Team. Board Member Rosen asked if there are any other benefits to having this certification aside from the environmental benefits. Director Feser thought it was another way to demonstrate community support for a project. It helps with grant applications and funding requests. Planning Board Meeting Minutes May 25, 2022 Page 2 of 6 Packet Pg. 318 8.9.d Board Member Cheung asked if the recommendations and conditions all have equal weight. He also wondered about the impacts on the budget. Board Member Cloutier asked if there is a funding source required and if there is a fiscal ability to actually do this. Director Feser thought this was manageable through Parks. Public Works and Engineering is having some questions about the scope of the work and what it may cost. This is still being evaluated; it will then go before Council who will have to decide if they are willing to commit the resources. Board Member Cloutier suggested a chart showing what can reasonably be done versus what they would like to get done. Board Member Campbell referred to Condition 9 regarding upgrading containment for the waste oil tank. She recommended expanding the timeframe to attempt to do this due to supply chain issues. She then referred to Recommendation 6 related to educational signage. She supported this but suggested more development on how the public can become involved because most of the land in the City is not held by the City. Mr. Kent commented that the scope of this project is assessing the City's impact on the watershed. They are not looking at private land or individual citizen actions but are very interested in any opportunities to influence public behavior. Board Member Gladstone asked how the list of conditions compares to what Shoreline had, both in the type and number. Ms. Huttel thought that it was similar but noted it was hard to compare. She offered to follow up on this if desired. Mr. Kent commented that there was a lot of consistency between the cities in terms of application of standards. Board Member Gladstone wondered if Salmon -Safe has any sort alliances with funding partners. Mr. Kent replied there are not any direct connections, but many government agencies have reviewed and been supportive of Salmon -Safe standards and even funded Salmon -Safe. He was not sure about private funding sources. Board Member Gladstone commented that there is a mention in the report of coordinating with Ronald Sewer, but they don't exist anymore. Board Member Rosen stated he was not ready to move this on to the Council. MOTION MADE BY BOARD MEMBER ROSEN, SECONDED BY BOARD MEMBER CHEUNG, THAT THE PLANNING BOARD GET A SECOND PRESENTATION THAT WOULD REFLECT: 1. PRIORITIZATION OF THE 12 CONDITIONS ALONG WITH CRITERIA USED TO PRIORITIZE THEM 2. ESTIMATION OF COSTS FOR EACH OF THE CONDITIONS, INCLUDING STAFF COMMITMENTS 3. TIME ESTIMATES THAT WOULD BE REQUIRED 4. ANY PRIVATE LANDOWNER REQUIREMENTS THAT WOULD BE NECESSARY TO MEET THE STANDARDS 5. CONFIRMATION THAT THE CITY WOULD MEET PRECONDITIONS 1 AND 2 THE MOTION PASSED UNANIMOUSLY. PUBLIC HEARINGS A. PLN2022-0009 Rezone 9516 & 9530 Edmonds Way Chair Crank opened the hearing and read the script for the quasi-judicial hearing reviewing the purpose and procedures of the hearing. She asked if any member of the Board had engaged in communications with Planning Board Meeting Minutes May 25, 2022 Page 3 of 6 Packet Pg. 319 8.9.d opponents or proponents regarding the issues of this rezone application outside of the hearing process. Board members stated they had not. She asked if there were any Board Members who had conflict of interest issues in this matter. There were none. She asked if there was anyone in the audience who objected to her participation or any Board Member's participation as a decision maker in this hearing. No one objected. Chair Crank swore in those intending to testify. Staff Presentation: Associate Planner Michelle Szafran made the staff presentation regarding the rezone application. She gave an overview of the request from Multiple Residential (RM 1.5) to Multiple Residential — Edmonds Way (RM-EW) including site context, rezone criteria and staff recommendation. Staff concluded that the rezone is consistent with ECDC. 20.40.010. The rezone would allow the option for a height increase from 30-35 feet for any building fronting on Edmonds Way provided that sustainability, low impact development and/or inclusion of affordable housing are provided. Design standards and development regulations will ensure that public health, safety, and welfare are protected. Staff proposed that the Planning Board make a recommendation to City Council to approve the rezone from RM 1.5 to RM-EW. Applicant Testimony: Matt Driscoll concurred with staff s presentation. He explained the reason they asked for the rezone was because it would give more flexibility with the roofline. The benefit to the City would be affordable housing and sustainability by through LEED and Low Impact Development (LID). Public Comments: Luke Distelhorst, Edmonds, commented on the lack of multifamily housing and affordable housing in the City He spoke in support of this rezone. Shaun Leiser, developer for the project, stated he was looking forward to doing another development on Edmonds Way. He clarified that the rezone only allows additional height, not more density. The unit count stays the same. They are looking forward to building affordable units and a low impact development. It is consistent with the Comprehensive Plan, Zoning Map, and the development standards. He added that this future development would be a great addition to the community. Board Questions: Board Member Pence asked if this would be considered a spot rezone. Mr. Lien replied that this is a site -specific rezone, not a spot rezone. Spot rezones are illegal and would not be consistent with the Comprehensive Plan. Board Member Rosen had the following questions: • Is access to 9520 between the two parcels? Jake Lyon, one of the applicants, replied that there is a 20- foot easement access through his parcel, 9516. • By doing this zoning, would there be any other properties on Edmonds Way that would now be eligible for a height increase. Ms. Szafran explained they would have to go through the rezone as well. • Will there be anybody whose view would be impacted by this? Ms. Szafran noted there is quite a bit of elevation change between the proposed rezone and other properties up on hillside. Mr. Driscoll added that there is a property that was rezoned RM-EW further down to the east of the site. The property across the street was rezoned BN-EW. Because of the steep slope towards the back, the building would be Planning Board Meeting Minutes May 25, 2022 Page 4 of 6 Packet Pg. 320 8.9.d located more towards Edmonds Way. Right now, it is heavily wooded towards the back; several trees will be retained which are already in front of the houses. The applicant will also be adding more landscaping. He believes that the view would be relatively unchanged. In meeting two of the three criteria, are there minimum standards? The applicant referred to code section 16.30.030 which gives site development standards along with specific criteria as to how the RM-EW is to be developed. Board Member Rosen pointed out that the requirements don't specify size relationship between the units and other units in the building. Mr. Driscoll added that Snohomish County has standards as to what is affordable. They would be subject to those standards. Board Member Campbell asked for clarification about how much the height would be changing. The packet mentions a change to 35 from 25 feet, but the staff report mentioned a change to 35 feet from 30 feet. Ms. Szafran replied that the current maximum height in the RM 1.5 would allow up to 30 feet with the portion above 25 feet required to have a roof slope pitch requirement. The RM-EW would allow the applicant to go to 35 feet without the roof pitch requirement but with the other requirements. Mr. Driscoll added that increasing the height to 35 feet allows them to bring the building a little further out of the ground and be more generous with the floor -to -floor distance. The public testimony portion of the public hearing was closed at 8:30 p.m. MOTION MADE BY VICE CHAIR PENCE, SECONDED BY BOARD MEMBER CLOUTIER, TO FORWARD THIS TO CITY COUNCIL WITH A RECOMMENDATION FOR APPROVAL. MOTION PASSED UNANIMOUSLY. PLANNING BOARD EXTENDED AGENDA Mr. Lien reviewed the extended agenda. The Board made comments about various upcoming topics and scheduling of items. Director Feser indicated she would send out a survey regarding availability for the upcoming park tour. PLANNING BOARD MEMBER COMMENTS Board Member Gladstone said she went to the public meeting on streets and public spaces. It was interesting to see what they are thinking about and to hear what the public had to say. Vice Chair Pence expressed concerned about the magnitude of the upcoming Comprehensive Plan work which necessarily includes work beyond the normal scope of the Planning Board. He hopes that the Planning Board can be put in the loop on some of those projects so they are prepared for discussion. Board Member Rosen also participated in the streets meeting and was confused that it took place. The Board has been talking a lot about the Comprehensive Plan and that it would be driven by a vision and values. It seemed that things were done out of order, but there were a lot of participants. He also expressed concern that they asked participants about barriers to success since they haven't defined success yet. He felt this set up an unnecessary push-pull dynamic. He cautioned staff to be careful about how they word questions. He thanked Chair Crank for giving them the opportunity to weigh in on how they feel about meeting in person. He also started he really enjoyed the parliamentary procedures meeting and found it very useful. Vice Chair Pence concurred. Planning Board Meeting Minutes May 25, 2022 Page 5 of 6 Packet Pg. 321 8.9.d Board Member Kuehn also appreciated being able to give input on meeting in person. Board Member Cloutier asked about the BD2 summary that Mr. Lien gave to Council last night. Mr. Lien stated they would be required to go back to in -person meetings in June. The City doesn't have the capacity to do a hybrid option for all the boards and commissions like they do for Council. Chair Crank asked if the public would be notified that they would not have access to the virtual meetings anymore. Mr. Lien thought they would be doing a press release. Board Member Rosen asked if the meetings would still be broadcast live on Channel 21. Mr. Lien stated that was his intent to broadcast the meeting as they had done in the past. Chair Crank stated she was concerned about losing the level of accessibility they have had with the public. She noted there may be some members who have health concerns and are not ready to meet in person yet. She also wondered about the equity factor of which boards and commissions are able to be broadcast and which are not. She expressed concern about what would happen for those who do not feel comfortable returning to in -person meetings. Board Member Rosen asked who has the authority to allocate the resources to provide hybrid meetings and suggested they talk with them. Vice Chair Pence concurred and noted that the quality of the video also needs to be upgraded. Board Member Gladstone asked about health protocols such as adequate spacing, masking, and testing prior to meetings. Board Member Campbell asked for statistics about participation changes with the different forums. Mr. Lien did not think they had any statistics but informally observed that there are more people via Zoom than when they met in person. Chair Crank encouraged Board members to share their thoughts by responding to her email and cc'ing Mr. Lien. Board Member Kuehn noted that having the option to participate online played a big part in his decision to participate on the Board. IWW.101►1lot" :Tl7_\s17I1:/\ItKIII7ulUIDOOM Chair Crank noted it had been a hard week and encouraged everyone to be kind and patient with one another. ADJOURNMENT: The meeting was adjourned at 9:06 p.m. Planning Board Meeting Minutes May 25, 2022 Page 6 of 6 Packet Pg. 322 9.1 City Council Agenda Item Meeting Date: 07/5/2022 Approve Update to Edmonds City Code Chapter 3.36 to Include Impact Fee Waivers for Early Learning Facilities Staff Lead: Rob English Department: Public Works & Utilities Preparer: Rob English Background/History This item was presented to the Parks and Public Works Committee on June 14, 2022. Impact Fees are regulated by Edmonds City Code (ECC) Chapter 3.36. This Chapter requires impact fees to be paid by any applicant seeking development approval from the city for any development activity as provided therein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. ECC 3.36.040 provides a partial exemption related to impact fees for low-income housing units. On July 25, 2021 RCW 82.02.060 was amended to not only address exemptions for low-income housing, but also for early learning facilities. RCW 43.31.565 defines an early learning facility as a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods of less than twenty-four hours. In 2018, the state legislature created a Child Care Collaborative Task Force to recommend polices for the state of Washington to incentivize employer -supported child care and improve child care access and affordability. In 2019 the Task Force presented the Child Care Collaborative Task Force Report to the state legislature and Governor that included initial recommendations for designing a child care system that works better for families, providers and employers in every industry. The report (attachment 2) included a recommendation to partner with appropriate entities and jurisdictions to limit or eliminate local construction impact fees for child care facilities. The recommendation can be found on page 26 of the document. Staff Recommendation Approve Ordinance. Narrative Impact fees contribute to public transportation and parks improvements needed to serve new growth and development. The collection of fees is critical to the planning, engineering, surveying, site improvements, etc. throughout the Edmonds community. City staff finds importance in balancing these needs while encouraging growth, including meeting the needs of young families, within the community. Packet Pg. 323 9.1 While Cities are not required to update their codes consistent with the RCW amendments, the option is available and staff recommends amending ECC 3.36 to provide for a partial exemption. In review of the transportation impact fees associated with child care facilities that were either permitted in Edmonds in the last 5-years or have been the subject of a future development proposal, it was found that the transportation fees ranged from approximately $4000 - $96,000. While the lower end of the spectrum may be found acceptable to most child care facilities, the upper end tends to prevent child care facilities from opening in Edmonds. Parks impact fees were not triggered with these developments. The amendments to RCW 82.02.060 provide options to jurisdictions when implementing an exemption. These options have been reviewed by City staff and legal team and the following amendments are proposed (refer to attached ordinance): 1. Grant partial exemption of not more than eighty percent of the assessed impact fee, resulting in a requirement for the child care facility to pay twenty percent; and 2. If the exemption is taken, require that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under chapter 43.216 RCW; and 3. If the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion; and 4. Require a covenant to be recorded with Snohomish County. Attachments: Attachment 1 - Ordinance to Amend Edmonds City Code 3.36.040 Attachment 2 - Child Care Collaboartive Task Force Report Packet Pg. 324 9.1.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR EARLY LEARNING FACILITIES. WHEREAS, the state legislature created a Child Care Collaborative Task Force (Task Force) in 2018 (SHB 2367) to recommend policies for the state of Washington to incentivize employer -supported child care and improve child care access and affordability; and WHEREAS, in 2019 the Task Force presented the Child Care Collaborative Task Force Report (Report) to the state legislature and Governor that included initial recommendations for designing a child care system that works better for families, providers and employers in every industry; and WHEREAS, the Report included a recommendation to partner with appropriate entities and jurisdictions to limit or eliminate local construction impact fees for child care facilities; and WHEREAS, the state legislature adopted HB 1331 in 2021 authorizing cities to grant impact fee exemptions for early learning facilities; and WHEREAS, an exemption from the requirement to pay impact fees could make it more likely that additional early learning facilities are developed; and WHEREAS, the city would like to allow this exemption without having to transfer money from the general fund to the impact fee fund to make up for the lost income fee revenue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 3.36.040 of the Edmonds City Code, entitled "Exemptions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike- Packet Pg. 325 9.1.a 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood, and because the city's traffic model does not assign additional trips to the network as a result of ADUs). B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other Packet Pg. 326 9.1.a low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low- income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park impact fees PROVIDED THAT the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the impact fees. ED. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Packet Pg. 327 9.1.a I.lummoly/llo MAYOR MIKE NELSON ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 328 9.1.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2022, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR EARLY LEARNING FACILITIES. The full text of this Ordinance will be mailed upon request. DATED this day of , 2022. 4840-7251-8158,v. 1 k' CITY CLERK, SCOTT PASSEY Packet Pg. 329 Recommendations report to the Legislature under SHB 2367, Laws of 2018 November 1, 2019 REPORT TO THE LEGISLATURE Lisa Brown, Director a Packet Pg. 330 Acknowledgements Child Care Collaborative Task Force Adie Simmons (2018-19) Washington Family Engagement Allison Krutsinger (2018-19) Children's Alliance Amy Anderson (2018-19) Association of Washington Business Babette Roberts (2018-19) Department of Social and Health Services Bethany Larsen (2018-19) Child Haven Cate Bridenstine (2018-19) The Imagine Institute Cheryl Smith (2018-19) Department of Commerce David Beard (2018-19) School's Out Washington Dru Garson (2018-19) Greater Grays Harbor Inc. Erin Haick (2018-19) SEIU 925 Faith Trimble (2018-19) Capitol Campus Child Care Center Ginger Still (2018-19) Kids World Janelle Johnson (2018-19) Lummi Nation Justin Leighton (2018-19) Washington Transit Association Kristine Rompa (2018-19) Department of Revenue Lois Martin (2018-19) Community Day Center for Children Luc Jasmin (2018-19) Washington Childcare Centers Association and Parkview Early Learning Center Maria Laura Perez (2018) Broetje Orchards - First Fruits Mary Curry (2018-19) Pathways Enrichment Academy Mary Ellen O'Keeffe (2018-19) Thrive Washington Meg Lindsay (2018-19) Greater Spokane Inc. Michael Cade (2018-19) Thurston County Economic Development Council Michael Koetje (2018-19) Pierce College and Tacoma Community College Michele Beehler (2018-19) Schweitzer Engineering Labs Mike Canfield (2018-19) Foster Parents Association of Jessyn Farrell (2018-19) Washington Civic Ventures Neil Strege (2018-19) John Swartz (2018-19) Washington Roundtable Kiddie Academy Washington State Department of Commerce Cheryl Smith, community engagement and outreach director Mary Baldwin, program coordinator CHILD CARE COLLABORATIVE TASK FORCE DIRECTOR'S OFFICE 1011 PLUM ST SE P.O. BOX 42525 OLYMPIA, WA 98504-2525 WWW.COMMERCE.WA.GOV Nikki Torres (2018-19) Tri-Cities Hispanic Chamber of Commerce RaShelle Davis (2018-19) Office of the Governor Rep. Bob McCaslin (2018-19) 4th District, Washington House of Representatives Republican Caucus Rep. Kristine Reeves (2018-19) 30th District, Washington House of Representatives Democratic Caucus Ruth Kagi (2018-19) Early Learning Ambassador Ryan Pricco (2018-19) Childcare Aware of Washington Sen. Claire Wilson (2019) 30th District, Washington Senate Democratic Caucus Sen. Joe Fain (2018) 47th District, Washington Senate, Republican Caucus Sen. Karen Keiser (2018-19) 33rd District, Washington Senate Democratic Caucus Sydney Forrester (2019) Office of the Governor Tim Gates (2018-19) Employment Security Department Tracie Kenney (2018-19) Department of Children, Youth and Families Jill Bushnell, policy advisor Paul Knox, policy advisor For people with disabilities, this report is available on request in other formats. To submit a request, please call 360.725.4000 (TTY 360.586.0772) CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 331 9.1.b Table of Contents Letterfrom the Tri-Chairs..................................................................................................................3 Letterfrom the Director.....................................................................................................................4 Introduction......................................................................................................................................5 Findingsand Recommendations........................................................................................................8 Goal A. Stabilize, Support and Sustain the Child Care Workforce, Providers and Industry .......................9 Goal B. Increase Employer Support of Child Care......................................................................................19 Goal C. Streamline Permitting and Licensing to Support the Construction, Renovation and Acquisition of Child Care Facilities................................................................................................25 Goal D. Reduce Disparities and Disproportionalities in Child Care Service Delivery and Access ..........28 Conclusion...................................................................................................................................... 36 Appendices.....................................................................................................................................37 Appendix A: Task Force Membership............................................................................................................38 Appendix B: Recommendation Development and Voting............................................................................41 Appendix C: Recommendations at a Glance.................................................................................................44 Appendix D: List of Recommendations ........................................... Appendix E: About the Task Force ................................................... Appendix F: Acronyms and Definitions ........................................... AppendixG: Bibliography................................................................. AppendixH: End Notes..................................................................... Attachments .................................................... 45 .................................................... 49 .................................................... 50 .................................................... 52 .................................................... 56 1. The Mounting Costs of Child Care: Impacts of Child Care Affordability and Access to Washington's Employers and Economy (10 pages) 2. Washington State Childcare Study: Analyzing the Costs Facing Businesses Due to Workforce Turnover and Missed Time Associated with Inadequate Childcare Options (19 pages) 3. Parenting in the Workplace Institute Babies -at -Work Policy Template (11 pages) CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 332 9.1.b Letter from the Tri-Chairs Nov. 1, 2019 As the tri-chairs of the Child Care Collaborative Task Force, we are pleased to present this initial report to the Legislature and governor. The Legislature created the task force in 2018 (SHB 2367) to recommend policies for the state of Washington to incentivize employer -supported child care and improve child care access and affordability. The task force's mission and responsibilities greatly expanded with passage of 2SHB 1344 (2019), which will culminate in a strategic implementation plan (due in 2021) for access to affordable, high -quality child care for all Washington families by 2025. This report reflects our growing knowledge of national best practices and understanding about the effects of insufficient access to child care in Washington. To answer the question, "Why does child care matter to employers?" task force partners jointly commissioned a survey and economic analysis. Half of Washington parents who responded to the survey said child care is difficult to find and keep. A quarter of respondents said the cost alone kept them from using child care. We believe our initial recommendations provide a strong start to designing a child care system that works better for families, providers and employers in every industry. We have included both actionable recommendations and long-term strategies that require further analysis and planning that will be addressed in future task force reports. In addition to actions state government can take, we have recommended policies that will incentivize and facilitate efforts and investments by nonstate partners to address our common child care goals. We look forward to our continued work together to improve access to high -quality, affordable child care in every Washington community. Sincerely, Amy Anderson Association of Washington Business Luc Jasmin Washington Childcare Centers Association & Parkview Early Learning Center Ryan Pricco Child Care Aware of Washington CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 333 Letter from the Director �� STA7g � O� Y J !j' 3'�'S iH�y rvY STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 58504-2525 a 360-725-4000 www.commerce.wa.gov November 1, 2019 Too many working parents in Washington are either paying more than they can afford for quality childcare or struggling to find an affordable, safe place for their children to be cared for. Lack of child care access in our largest cities, and in our smaller communities and rural areas, significantly affects not just the emotional and economic well-being of families, but also harms employers in attracting and retaining the workforce they need. This isn't a new problem for families or the economy. It was over 25 years ago when my infant son's presence on the floor of the House of Representatives in the evening, caused a stir. The pressures on working parents and the. costs of child care have only risen since then. However, two things are happening now that can bend this trajectory. First, we now have mounting evidence of the enormous opportunity costs of not addressing the issue. Costs of lost human potential and economic productivity foregone are now in economic journals as well as in the headlines. Second, many partners have come together in the Child Care Collaborative Task Force: representatives from government, the business community, the child care sector, and philanthropy charged by the legislature with creating solutions.. This report reflects the first phase of the work. I want to extend my sincere appreciation to the dedicated members of the task force and to our many partners in this effort, who spent 15 months learning from and listening to each other to identify actions and the highest priorities for additional study. Thank you also to the hard- working talented team here at Commerce who supported the task force in producing this report. I look forward to continuing to work with the task force on this important public policy conversation to develop a plan for available, affordable high quality child care for all families in Washington. Sinc erely, 11561 � Lisa Brown Director CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 4 Packet Pg. 334 9.1.b Introduction The Child Care Collaborative Task Force was created by 2018 legislation (SHB 2367) to examine the effects of child care affordability and accessibility on Washington's workforce and businesses and to develop policy recommendations that improve child care access and affordability for employees. The 2019 Legislature enacted additional legislation (2SHB 1344) that extends the task force's work through June 2021, culminating in a strategy, timeline and implementation plan to achieve the goal of access to affordable, high -quality child care for all Washington families by 2025. This initial report includes both recommendations for action and principles that will guide the work of the task force in developing three additional reports. Washington lacks sufficient affordable, high -quality child care. Washington seriously lacks child care capacity. The state is home to an estimated 1.08 million children ages birth through 12 years.' In 2018, Washington had licensed child care capacity for about 178,700 children — capacity to serve 17% of children younger than 13.2 The Department of Commerce and task force partner organizations commissioned a parent survey and economic impact analysis in 2019 to shed light on how child care access affects workers, employers and the economy ("Mounting Costs," Attachment 1).3 Half of respondents who sought care found it difficult to find and keep. The most cited reason: no available care near the person's home or work. Parents also cited additional reasons such as available care not fitting within a work schedule, not being of good quality and not accepting child care subsidies. Child care access affects Washington's workforce, employers and economy. Insufficient access to affordable, high -quality child care means fewer parents in the workforce, more missed work, less productivity and lower economic gains. It also means fewer children will be able to take advantage of developmental supports, social -emotional skill -building opportunities and learning environments for school readiness and success offered by high - quality child care programs. The 2019 "Mounting Costs" analysis estimated that 27% of Washington parents with young children reduced to part-time work hours and 18% quit due to child care issues. Each year, employee turnover and missed work due to issues accessing child care costs Washington employers an estimated $2.08 billion. Including missed opportunities for businesses and consumer spending, Washington's economy loses an estimated $6.5 billion annually.4 Comprehensive strategy needed. According to the task force, we must take a holistic, integrated approach to seek solutions to and address the far-reaching challenges of child care access and affordability. Future task force reports will address these issues comprehensively. In addition to calling out the need to support the child care industry sector, this report recommends options to incentivize employer - supported child care and streamline facility development and policies to address racial, ethnic and geographical disparities and disproportionalities in child care service delivery and access. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 335 9.1.b Task Force Vision The task force envisions Washington state as the nation's most equitable, affordable, and accessible child care system that benefits all our parents, child care staff and providers, employers, and communities: O Quality, affordable, accessible licensed child care that gives parents diverse choices to meet their family and employment needs, regardless of their income, race, or where they live. O An economically healthy and diverse child care industry with a supported, well - compensated workforce that meets the supply and choice requirements of families and employers. O Increased workforce productivity when employers support the child care needs of their employees through the availability of a scalable set of tools and incentives that increase access and affordability of high -quality child care. O New strategies and investments from the public and private sectors that engage employers in supporting all working families' access to high -quality, affordable child care. "When AWB first began working on the issue, there was a question about why the business community would be part of the discussion around child care. Employers didn't always realize how big of an issue it is for their businesses and for their employees. The fact is, people are leaving jobs, not accepting jobs and foregoing education opportunities because they can't find or afford child care. It's a workforce issue. It's an education issue. It's a rural issue. Most important, it's a Washington issue. We need to educate people and make them aware." Amy Anderson, Association of Washington Business (AWB), AWB Policy Summit, Sept. 18, 2019 CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 336 What the Legislation Says SHB 2367 Section 1(12) "In accordance with RCW 43.01.036 the task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by November 1, 2019. The report must include findings related to: (a) "Options for the state to incentivize the provision of: i. "Employer -supported child care by public and private employers; and ii. "Back-up child care by public and private employers; (b) "Opportunities for streamlining permitting and licensing requirements to facilitate the development and construction of child care facilities; (c) "Potential tax incentives for private businesses providing employer -supported child care; (d) "A model policy for the establishment of a 'bring your infant to work' program for public and private sector employees; and (e) "Policy recommendations that address racial, ethnic, and geographic disparity and disproportionality in service delivery and accessibility to services for families." Key Terms Defined The legislation directs the task force to address child care for children ages birth through 12 years old. In this report, the terms "child care" and "early learning program" mean regularly scheduled care for a group of children ages birth through 12 years for periods of less than 24 hours. This is consistent with the way the Department of Children, Youth and Families has defined "early learning program" in Washington Administrative Code (WAC) 110-300-0005. The term "parent" refers to a child's primary caregiver, including but not limited to a biological parent, adoptive parent, foster parent, kinship caregiver (such as grandparent), guardian or other person authorized to act in a parental capacity. "Parents of school -age children need child care after school and in the summer while at work. Elementary students, particularly those struggling in school, need more time to engage with academic and social -emotional content. This report provides a holistic set of recommendations to increase resources and supports to providers, families and employers that will positively impact children from birth through age 12." David Beard, School's Out Washington CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 7 Packet Pg. 337 Findings and Recommendations The table below shows where to locate findings and recommendations for each SHB 2367 requirement in this report. A full list of recommendations is available in Appendix D, and a one - page summary of goals and recommendations is in Appendix C. For each goal (A through D) and its recommendations, the report describes why the topic is important to address, the status of the topic in Washington, and the task force's approach to developing recommendations. Quotes from task force members and child care providers highlight stories and key information. SHB 2367 directed the task force to sunset its work in December 2019. While the task force was developing recommendations for this report, the Legislature extended and expanded the task force's work with new legislation, 2SHB 1344. This new legislation directs the task force to complete research and assessments to inform additional policy recommendations and implementation plans for the Legislature's consideration in 2020 and 2021. This report, as indicated by 2SHB 1344, provides the task force's initial recommendations. The task force made recommendations anticipating additional legislatively mandated research and analysis. The sentence "This is a principle to guide the task force's continued work" identifies topics the task force will study and further address in future legislative reports. Table 1: Crosswalk of Recommendations to Legislative Report Requirements SHB 2367(1)(12)(a) Options for the state to incentivize the provisioning of employer- Goal B 19-24 supported child care and back-up child care by public and private employers SHB 2367(1)(12)(b) Opportunities for streamlining permitting and licensing Goal C 25-27 requirements to facilitate the development and construction of child care facilities SHB 2367(1)(12)(c) Potential tax incentives for private businesses providing Goal B 19-24 employer -supported child care SHB 2367(1)(12)(d) Goal B 19-24 A model policy for the establishment of a "bring your infant to Attachment 3 work" program for public and private sector employees SHB 2367(1)(12)(e) Policy recommendations that address racial, ethnic and Goal A 9-18 geographic disparity and disproportionality in service delivery Goal D 28-35 and accessibility to services for families CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 338 9.1.b Goal A. Stabilize, Support and Sustain the Child Care Workforce, Providers and Industry Supporting the supply of child care providers and staff is critical to expand access to child care. This report makes initial policy recommendations to stabilize, support and sustain Washington's child care industry, anticipating more detailed recommendations in future task force reports. Child care access depends on an adequate supply of child care providers and staff. Over the past five years, Washington state gained 3,000 child care spaces, but the population of children younger than age 6 grew by almost 30,000 during this timeframe.s Meanwhile, the number of child care providers has declined.6 Researchers have suggested that to succeed, child care operations need access to capital and business supports. This includes training and technical assistance in financial management, financial planning, human resources management, leadership development and capital investments.' Washington child care providers have reported difficulty staffing their programs and high staff turnover rates. Child care occupations have low compensation, low return on advanced education and high levels of responsibility educating children during critical developmental stages. Washington's early childhood educators rank in the third percentile of occupational wages, below pet groomers.$ Early childhood education majors have the lowest projected lifetime earnings of all four-year college graduates.' Research suggests that low wages contribute to child care staff turnover.10 Many studies have found that turnover reduces quality of care for children, demonstrating effects to children's social, emotional, and language development; children's ability to develop secure attachments with caregivers; relationships between families and child care programs; and aggression in children.11 Child care staff turnover also increases the cost of professional development and staff training." The task force considered options to overcome barriers to child care program prosperity and assure a sustainable, qualified workforce, asking: What do child care programs need to predict and maintain consistent cash flows? What assistance and incentives would help child care businesses succeed? The task force will explore these issues in depth in the next phase of work. Legislation (2SHB 1344) directs the task force to: • Contract an assessment of Washington's child care industry by June 2020 • Evaluate and develop policy recommendations to: o Set an equitable child care staff salary floor o Index child care staff salaries against typical preschool staff salaries o Incentivize child care education, training, and career advancements o Consider credential equivalencies o Recognize providers' work experience CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 339 9.1.b Task Force Recommendations Rec. Al. Support compensating the child care workforce competitively with educators in the state's education continuum in order to provide living wages, reduce turnover and promote longevity of skilled providers in the child care workforce. This is a principle to guide the task force's continued work. The task force agreed with the principle that "We are constantly adequate compensation of the child care workforce improving and making is necessary for the system to work in the future. The changes. This puts task force recommends the Legislature consider options to support increasing child care workforce stress on the staff compensation. The task force will recommend because they must do specific compensation policies in the December 2020 more curriculum and legislative report. projects, etc. However, their compensation Implementing this recommendation would help does not change. I do Washington providers attract and retain qualified my best to show early childhood educators. Low pay dissuades qualified staff from remaining in the field and deters appreciation, which potential staff from considering early childhood makes my turnover rate education as a career option. less than other day cares. But I feel like it is In 2018, 88% of the 529 Washington child care a house of cards, and a providers surveyed indicated that low pay was a staff member could major reason it was difficult to hire qualified staff. Further, 61 % indicated their staff resigned from child quit at any moment." care positions due to low pay, and more than two- child care provider in Washington thirds said those resigning found better paying work state (E01 2018) outside of early learning. Half of Washington providers reported unfilled positions at the time of responding to the survey, and a third had limited the number of children served in the past two years due to staffing shortages.13 Low compensation of early childhood educators has been a persistent issue. Nationally, early childhood educator median wages have remained at about 44% below the median wage of all workers over the past decade.14 In Washington, early childhood educators ranked in the third percentile of 2016 occupational wages. Legislation (2SHB 1344) directs the task force to evaluate previously recommended compensation policies and consider pay scale changes to achieve pay parity with K- 12 teachers by 2025. The task force will report detailed findings and compensation policy recommendations to the Legislature in December 2020. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 340 9.1.b Rec. A2. Ensure child care staff can access employment benefits and other strategies to prevent workforce burnout and support the wellbeing of child care staff. This could include access to health insurance, dental insurance, paid leave and retirement benefits. This is a principle to guide the task force's continued work. The task force agreed with the principle that employment benefits are components of adequate child care staff compensation, which is necessary for the continued viability of Washington's child care system. The task force recommends the Legislature consider options to increase access to employment benefits for child care staff and support the wellbeing of the child care workforce. Offering child care staff health and dental insurance, retirement benefits, paid time off, and other improvements to the work environment would improve early childhood educators' economic, physical and emotional wellbeing and help keep experienced early childhood educators in the field. The task force will recommend specific child care workforce compensation policies in the December 2020 legislative report. Work environment and benefits are important. According to the Center for the Study of Child Care Employment at University of California Berkeley, just as children's environments can support or impede their learning, early childhood educators' work environments can promote or hinder practice and ongoing skill development. The center found that a good work environment encompasses pay, benefits, supportive policies and practices, paid time off, sufficient staffing, and paid nonchild contact time. These positive work environment factors are expected for K-12 teachers to support teachers' wellbeing. In contrast, early childhood teachers tend to have fewer teaching supports (such as paid nonchild contact time) and less adequate compensation for education, credentials and commitment (such as lower pay, fewer benefits and less paid time off). The center found that this lack of a supportive work environment increases early childhood teacher turnover and makes it difficult to recruit and retain qualified child care and preschool teachers.15 In 2018, only 47% of Washington child care providers who responded to a survey by the Economic Opportunity Institute indicated they provided health insurance to any of their employees.16 This is consistent with national research findings that showed about 47% of homecare and early care and education workers had employer -provided health insurance in 2016, compared with 74% of all workers.17 Thirty-nine percent (39%) of Washington's early childhood educators and their families rely on public income support programs, such as Earned Income Tax Credit, Medicaid/Children's Health Insurance Program, Food Stamps, and Temporary Assistance for Needy Families. 18 19 The estimated annual cost of this public assistance to early childhood educators and their families statewide is $34.7 million.20 CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 341 9.1.b Rec. A3. Develop a network of local substitute pools across the state to allow child care staff and providers time off to attend training, take personal or vacation time, and recover from illness. The task force recommends the Legislature consider options to support developing a network of local substitute pools that would allow any licensed child care provider to locate qualified substitutes. Access to substitutes would allow staff to participate in professional development and take time off, which would support a good work environment and early childhood educators' wellbeing. This recommendation would contribute to attracting, retaining and developing a qualified child care workforce. The Imagine Institute currently administers Washington state's Early Care and Education Substitute Pool. The pool supports family child care and child care center providers as they work toward personal professional development goals, and it offers those interested in a career in early learning the opportunity to gain real world experience in licensed child care settings. This substitute pool is limited to eligible providers who are working to reach a Level 3 ranking or higher in Washington's Early Achievers quality rating and improvement system. The task force recommends the state expand this concept so all child care providers have access to substitutes. Rec. A4. Support professional development of the current and future workforce: • Create a system to show competency through credential- and experience -based equivalencies. • Develop alternative ways to receive professional development, such as online learning. • Incentivize higher education attainment and career pathways via scholarships and loan repayments programs. • Use multiple languages and platforms for all aspects of professional development. This is a principle to guide the task force's continued work. The task force agreed with the principle that professional development of the child care workforce provides the best learning environments and outcomes for children. The task force recommends the Legislature consider options to support professional development of the current and future child care workforce. This would benefit child care programs that have experienced staff who lack formal early childhood education but might have equivalent competencies or credentials. This would also help providers meet ongoing staffing needs. In the December 2020 report, the task force will recommend policies to: • Incentivize advancements in relevant higher education credentials and credential equivalencies, training, and years of experience • Consider credential equivalencies and providers' years of experience in the field • Preserve and increase racial, ethnic, cultural and linguistic diversity among providers CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 342 Professional development of Washington's early childhood educators is essential to achieving high quality. However, many child care staff and providers have cited education and credential requirements as why they do not plan to stay in business. Child care staff do not have strong financial incentives to pursue higher education in the field. Early childhood educators fall into the third percentile of total earnings among occupational groups.21 The Hamilton Project found that of all 80 college majors considered, a Bachelor of Arts in early childhood education had the lowest projected lifetime earnings.22 This recommendation will build on current efforts and progress made to recognize equivalencies, reduce barriers, and incentivize early childhood education professional development and career pathways to ensure a pipeline of diverse, well -qualified educators into the future. Washington state is making progress toward recognizing credential equivalencies. Child care providers and professional development agencies on the task force emphasized the importance of an effective process to recognize equivalent credentials, experience, and past training and education to demonstrate child care staff competencies. As defined by WAC 110-300-0005, "equivalency" when referring to staff qualifications means an individual is allowed to meet the requirements of Chapter 110-300 WAC through a Department of Children, Youth and Families - recognized alternative credential — or demonstration of competency — that indicates similar knowledge as the named credential. In July 2019, an external workgroup recommended to DCYF options for approaching recognition of equivalencies. DCYF issued a response indicating that to honor the work many providers have already completed, and meet the diverse needs of the early learning workforce, the agency would pursue a model that allows providers to fulfill the licensing requirements for education through the Early Childhood Education (ECE) Short Certificate. The ECE Short Certificate is the minimum qualification for family child care home owners and child care center lead teachers. The model will include a process for existing licensed providers to demonstrate competency and for new and existing providers to use equivalent alternate credentials. DCYF, Imagine Institute, Child Care Aware of Washington, and State Board of Community and Technical Colleges will collaboratively develop and offer a community -based training series. Due to feasibility, cost and ensuring a provider base that represents the knowledge and skills necessary to reach child outcomes, DCYF did not implement workgroup recommendations to expand on state -approved training, design a peer -review process or advisory board, and develop an application process that leads to peer -review or other observation and assessment.23 Deliver professional development in a variety of formats and languages. Recognizing potential barriers for early childhood educators to attend classes or participate in a single type of class, the task force recommends the Legislature consider options to support development of alternative methods and formats for professional development. Travel time and costs, finding and paying substitutes, overtime expenses, availability limited to nonbusiness hours, and very long workdays (especially for family home providers) make it challenging for early childhood CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 13 Packet Pg. 343 educators to attend classes. Online, self -paced classes, onsite coaching and community -based training would help providers who must be onsite with children during business hours participate in professional development. Further, the task force recommends the Legislature consider options to support delivery of professional development options (including higher education and credential programs) in multiple languages. In 2013, an estimated 18% of Washington's early childhood educators were immigrants, many of whom had limited English proficiency. Requirements for attaining credentials or completing courses offered only in English could prevent many educators from continuing in the profession. Incentives are needed to promote early childhood education credentials and career pathways. Currently, some providers participating in Early Achievers are eligible for scholarships to support an increase in quality levels. In addition to continuing the Washington Early Achievers Grant, the task force recommends the Legislature consider options for expanding scholarships, loan repayments and other financial supports to incentivize current and potential child care staff to advance in early childhood education and careers. "It is getting very difficult to tell staff they need a degree or education and then barely be able to pay them minimum wage. They make a fraction of school teachers." Child care provider in Washington state (E01 2018) Rec. A5. Foster a culture of support and mutual respect among child care o licensors, regulators and providers: • Establish consultative practices and service "The early learning standards. community is very much �° • Enact a third -party evaluation of the regulatory like a triangle. DCYF, y environment engaging both licensing staff and family homes and centers providers to inform collaboration and are interconnected in the > continuous improvement. work that we do for o • Compile data to better track provider closures. families. Unless there is a Conduct learning interviews with providers synergy between the L) leaving the industry or Early Achievers system adjacent sides, the to better understand exit reasons. system will flounder. In • Create and maintain a clear, shared guidebook order for it to succeed, for both licensors and providers outlining all DCYF staff must view licensing standards and expectations in plain providers as their ally in N language. the overarching goal of The task force recommends the state increase improving the lives of efforts to develop and sustain a culture of mutual children." respect and collaboration among licensors, Q regulators and child care providers. Even though Lois Martin, Community Day Center for Children regulators have involved providers in negotiating Q CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 14 Packet Pg. 344 rules and informing policies under development, and many providers have reported positive, respectful relationships with their licensors, the task force found no standardized, consistent culture of support and mutual respect across the state and within DCYF. The task force also recommends the state: • Establish standards for consultative practices and service • Create and maintain resources that clearly describe guidelines and expectations for licensors and providers • More closely track provider closures and reasons for exiting the industry • Conduct a periodic external evaluation of the state's regulatory environment to inform continuous improvement to achieve regulatory goals while minimizing burdens on child care providers Rec. A6. Support child care provider startup and expansion: • Offer technical assistance for business startup, operation, and growth. Implement statewide, shared services programs and cooperatives for provider business needs (financial management, human resources, purchasing, etc.). Create and maintain a "best practices" guidebook for providers to support quality business and management operations. The task force recommends the Legislature consider options to support the startup and expansion of child care programs. This would help increase the state's supply of child care providers and their capacity to serve additional children. The task force found that Washington has few resources to support efficient, sustained operation of child care programs. Most child care providers in the state are small businesses or nonprofit organizations focused on delivering high -quality care and education. Providers have reported lack of staff capacity, expertise and financial resources to support effective business administration. The task force identified as a promising practice DCYF's shared services pilot program to centrally support financial management, human resources, purchasing and related services for early childhood education programs. The task force recommends the state scale up the shared services pilot program to offer access to child care shared services cooperatives statewide. The task force further recommends the state collaborate with community development financial institutions (CDFIs) and other partners to offer technical assistance and a guidebook to support child care financing and business management. Business support services could include administrative support, cost - sharing techniques, technical assistance, consultation, training and mentorship. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 15 Packet Pg. 345 Rec. AT Increase access to grants, loans and other funding sources to offset child care operating and capital facility costs, including but not limited to the Early Learning Facility Fund, small grants and microloans. This is a principle to guide the task force's continued work. The task force agreed with the principle that providers have insufficient options to finance programs and facilities. The task force recommends the Legislature consider options to increase access to child care grants, loans and other financial assistance so providers can cover unanticipated costs and raise capital funds for facility improvements and construction. Child care businesses generally have a low profit margin. This recommendation would allow providers to continue operating, increase quality and serve more children, and it would lessen the need to increase tuition rates. The Washington State Department of Commerce currently administers an Early Learning Facilities Fund (ELFF) and a Child Care Facility Fund. In 2018, the state Legislature appropriated a round of ELFF funding to expand available early learning facilities and classrooms to support state -funded early learning opportunities for low-income children. The statutory authority for this program is RCW 43.31.575. The 2018 funding included $4.5 million in direct appropriations from the Legislature, $5 million to a loan program operated by a CDFI and $5.6 million to a competitive grant program. Commerce received more than 115 competitive grant applications requesting a total of $30 million to create a projected 3,159 new child care spaces. Applicants included 29 family homes and 86 child care centers. The program funded 17 projects ($5.67 million) to add a planned 833 spaces in child care centers and school -based programs. For the 2019-21 biennium, the Legislature appropriated $17,293,440 for ELFF grants The program will fund three types of projects using a competitive process: • $100,000 for the facility pre -design grants ($10,000 maximum grant) $1,910,877 for minor renovation or repair of existing early learning facilities ($100,000 maximum grant) $15,282,563 for major construction, renovation or building purchase ($800,000 maximum grant) The Child Care Facility Fund (CCFF) was created in 1990 to provide financial assistance through loans and grants to employers and child care businesses to increase availability of quality, affordable, convenient child care for working families. Since its inception, this program has awarded $2.5 million in grants and $3 million in loans to 136 nonprofit and for -profit organizations and individuals. The CCFF has helped leverage more than $33.5 million in additional project investment, create more than 800 jobs at 106 child care facilities, and create and support more than 9,000 licensed child care spaces. The fund has passed $1.5 million to five community -based organizations to provide microloans to child care CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 16 Packet Pg. 346 9.1.b providers. The statutory authority for this fund is RCW 43.31.502 through RCW 42.31.514. The task force recommends the Legislature continue funding these and other existing programs to increase access to child care grants and loans. Rec. A8. Support development of child care facilities: • Continue to invest in the Early Learning Facilities Fund. • Offer retail sales and use tax exemptions. • Streamline facility permitting and licensing. • Focus on rural and underserved areas. This is a principle to guide the task force's continued work. The task force identified the need to support development of child care facilities to increase child care capacity. The task force recommends the Legislature consider the options for supporting development of child care facilities described in "Goal C: Streamline Permitting and Licensing to Support the Construction, Renovation and Acquisition of Child Care Facilities." Rec. A9. Provide state funds to leverage public -private partnerships with community development financial institutions (CDFIs) to develop child care financing options, such as loan programs. The task force recommends the Legislature continue to allocate state capital budget funds to partner with CDFIs to increase loan and other financing options for child care facility development and expansion. Access to capital funding, including loans, is essential to expanding capacity of child care programs to serve more children in Washington. Commerce's ELFF program has established a CDFI partnership that includes the Washington Community Reinvestment Association (WCRA), Enterprise Community Partners and Craft3. As of October 2019, the CDFI was just getting underway and beginning to move projects through the pipeline. This CDFI will use state funds to leverage nonstate funds to help child care providers finance the expansion, remodel, purchase, and/or construction of early learning facilities. This 10-year revolving loan fund will make loans available to eligible organizations per the ELFF statute (RCW 43.31.575). The ELFF state dollars will leverage private funds from the Ballmer Group, Seattle Foundation, Bill and Melinda Gates Foundation, private debt raised by the WCRA and Craft3, and other funding sources. Commerce has awarded $5 million to the CDFI to match a minimum 1-to-1 ratio. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 347 9.1.b Rec. All 0. Promote diverse and inclusive child care settings so children have equitable opportunities for learning that help them achieve their full potential as engaged learners: • Develop the capacity of neighborhoods and communities to meet local child care needs in a variety of settings. • Support and enable child care programs to: o Implement trauma -informed, culturally responsive, and bias -reducing practices, including providing opportunities for education on implicit and explicit bias and other types of cultural competency -focused training. o Recruit and retain educators and leaders who reflect the diversity of served families (race, ethnicity, gender, and home language) and exhibit a commitment to improving their practice. • Ensure, to the extent possible, that any formal assessment tools are designed and validated for use with the children being assessed, considering age, culture, language, social and economic status, and abilities and disabilities. This is a principle to guide the task force's continued work. The task force agreed with the principle that diverse, equitable, inclusive settings for children would result in the best outcomes for learning and development and would reduce child care access disparities and disproportionalities. The task force recommends the state work to build child care capacity within, by and for the communities served. The task force recommends the Legislature consider options to support child care settings that meet the cultural, linguistic, geographic, social -emotional and developmental needs of Washington's diverse families. This includes support for developing the local capacity of neighborhoods and communities to meet local needs. In addition to offering resources statewide, the state could partner with and invest in local communities, tribes, cultural and faith communities, communities of color, employers, schools, and groups with existing infrastructure and relationships to build capacity to meet diverse child care needs. "See Goal D: Reduce Disparities and Disproportionalities in Child Care Service Delivery and Access" in this report for more information. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 348 Goal B. Increase Employer Support of Child Care As documented in the Mounting Costs report and analysis (Attachments 1 and 2), lack of affordable, accessible child care negatively affects employers' ability to recruit and retain talent, workforce participation, employee attendance, and worker productivity. The task force recommends the state and partner organizations provide resources, technical assistance, recognition, and tax incentives to increase employer investment in child care. Child care issues disrupt Washington parents' employment and career progress. The 2019 Mounting Costs survey of Washington parents with young children found that half of respondents who sought it found child care difficult or very difficult to find and keep. Twenty-seven percent (27%) of parents who responded to the survey had quit or lost their jobs due to child care issues, and the same number reported having reduced work hours to part-time. Twenty-nine percent (29%) of responding parents had declined jobs or promotions due to child care issues.2a Child care access limits workforce participation. Workers with children under six represent 15% of Washington's workforce. In an estimated 61 % of these households, all adults work. When the survey results are extrapolated to the statewide workforce, big numbers result: an estimated 142,500 workers left the workforce due to child care issues. For those in the workforce, 48% missed an average of five or more days of work during the previous six months, while 59% reported they arrived late or left early due to child care issues. Mounting Costs' Eastern Washington University economic analysis (Attachment 2) revealed $2.08 billion in estimated direct costs to employers due to turnover and missed work and $6.5 billion in total estimated direct and opportunity costs to businesses and the state's economy because of child care issues.21 Without access to reliable, affordable child care, employees miss work, reduce hours, turn down job opportunities and leave positions. These results affect employer production and bottom lines and stifle the state's workforce development. Our future workforce would benefit from access to high -quality child care. Child care isn't just babysitting so parents can work: early childhood brain research has demonstrated that high -quality early learning is one of the best investments we can make. A well -researched Federal Reserve Bank early learning investment report built the business case that early learning should be a top -priority economic development investment with an 8-to-1 return on investment.26 Ongoing research of James Heckman, University of Chicago, has found evidence to support the claims that high -quality early childhood education has a high return on investment, and that an expansion of early learning investment will benefit our economic and civic future.27 "The highest rate of return in early childhood development comes from investing as early as possible, from birth through age five. Starting at age three or four is too little too late, as it fails to recognize that skills beget skills in a complementary and dynamic way. Efforts should focus on the first years for the greatest efficiency and effectiveness." James J. Heckman, December 7, 2012 CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 19 Packet Pg. 349 9.1.b Employers can take action to support child care for their employees. With significant business representation, the task force was able to have an ongoing discussion of the business sector's understanding of the need to support employee child care. The task force came to realize that increasing employer support will require an incentive for businesses. There are early adopters who have invested in onsite child care, family -friendly policies, and backup child care for employees. The task force explored possible strategies, and incentives for employers to support the child care needs of their employees. Task force members pursued these questions: • How can we encourage and incentivize employers to support their employees' child care needs? • Which policies or models should be promoted to make a large impact? • Which public -private partnerships make sense? • How do we get buy -in from business leaders? The following recommendations are the result of this work and deliberation by the entire task force. Task Force Recommendations "Businesses and employers can play an important role in supporting child care by implementing policies that will help employees obtain child care through a flexible work schedule, back-up child care, onsite child care, or by contributing to or subsidizing child care. By taking an active role, employers will benefit from less employee turnover and retention of talent." Nikki Torres, Tri-Cities Hispanic Chamber of Commerce Rec. 131. Educate employers on the business case for supporting child care and reducing barriers to participation in employer -supported child care programs. Demonstrate the case with data. The task force recommends the Legislature consider options to support education of employers about how child care impacts workforce availability and quality, and what insufficient child care costs employers in turnover costs and lost productivity. This will raise awareness of the importance of addressing child care access as a business, workforce, and economic development issue, which will help increase support to address the issue. This information will also empower businesses to make informed decisions for their employees, future workforce, and bottom line. The task force found that the first step for many employers considering supporting their employees' child care was to better understand the business case for child care engagement. The U.S. Chamber of Commerce Foundation (U.S. Chamber Foundation) released a 2017 report and call to action for business involvement. The report included a Leading the Way toolkit that calls for business advocacy and actions to remove child care barriers to both increase workforce participation and to ensure high -quality early learning for tomorrow's workforce. The U.S. Chamber Foundation continues to publish early childhood education content and participate in efforts to educate business leaders across the nation, including strategy sessions CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 350 9.1.b and roadshows of events highlighting the positive economic impacts of investment in early childhood education.28 The U.S. Chamber Foundation co -funded Washington state's 2019 Mounting Costs parent survey and economic impact analysis (Attachments 1 and 2) in partnership with the Association of Washington Business, Child Care Aware of Washington, Children's Alliance, and Washington State Department of Commerce. This effort has helped quantify impacts of child care to Washington employers and businesses. Local and state -level business groups, economic development councils, and industry associations (many of whom have been engaged in task force work) could implement this recommendation. Task force members and partners have begun planning regional outreach efforts to share information about the effects of insufficient child care access on businesses. Rec. 132. Develop and promote an informational web -based menu of options for employers to support employee provision of child care, such as what options exist, how to evaluate and access them, and available recognition or incentive programs. Examples of the menu of options could include connecting employers with resources regarding: • Implementing "bring your infant to work" and other family -friendly model policies • Allowing for parent choice among child care options • Providing backup child care • Providing onsite child care • Contracting with nearby child care programs • Accessing federal, state, and local tax incentives • Offering the Dependent Care Assistance Program • Participating in voluntary programs recognizing family-, child-, and breastfeeding- friendly workplaces The task force recommends the Legislature consider options to develop and promote a web -based menu of options for employers to support provision of child care. This resource could make it easier for employers to support their employees' child care needs. The recommendation could be implemented by state agencies and organizations representing business, employers, labor, and child care providers. The task force expects this relatively low-cost recommendation, if paired with education and financial incentives, would help employers identify implementable options no matter the size of their organization. The task force envisions a website with descriptions and links to existing resources. A single agency or organization would maintain the site, and partner organizations would assist with marketing, promotion, and education. The menu of options would include information about child care resource and referral services, model policies and best practices to improve the work environment for employees with dependents, fringe benefit options, and potential tax-deductible or creditable investments to support employee child care. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 351 9.1.b Rec. 133. Implement a tiered business tax incentive program to match business expenditures for provision of employee child care, including but not limited to the following expenditures: • Contributions to child care savings accounts • Child care vouchers or tuition payments • Provision of external child care and back up care • Provision of onsite child care • Start-up costs Recommended Parameters: (a) Provide businesses adding a new child care benefit with a greater tax credit; (b) Provide businesses with a child care benefit in place a lesser tax credit; and (c) Require the Joint Legislative Audit and Review Committee (JLARC) to conduct a study after three years of credit effectiveness, including who benefits and how well the program meets task force goals. The task force recommends the Legislature consider options to implement a tiered employer -supported child care tax incentive program that would match business expenditures for specified employee child care benefits. Businesses are willing to invest and support child care without necessarily receiving a dollar -for -dollar credit. However, the task force heard from business representatives that a credit of this kind would be necessary to incentivize businesses to start a new employer - supported child care program. The Department of Revenue provided analysis to support task force discussions of potential business tax incentives. The task force found that a business and occupation (B&O) tax credit program modeled on existing state programs would provide the most significant incentive for businesses to support child care. The scope of impact and cost of this tax incentive program would vary, depending on credit design and implementation. The task force advises that the program provide greater tax credits to employers providing new benefits and lesser credit for those with established child care benefits. Features of the child care tax incentive program could include: • Implementing a "trial stage" to test efficacy of impacts of a child care tax incentive program. • Setting limits for the program and/or individual not to exceed a specified amount. • Offering a range of credits from 50% to 100% of the documented child care benefit expenditures. • Targeting eligibility to specific regions, industries or employee income classes. • Establishing a child care flexible spending account program allowing employee control of the funds within provisions of the established guidelines This state program would complement the federal Dependent Care Assistance Program, which limits employee contributions to $5,000 per year. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 352 9.1.b If implemented, an employer -supported child care tax incentive program could leverage public funds to increase private investment in child care. It could also help match demand to supply, as employers would be motivated to tailor their programs to the needs of their employees. The task force recommends the state consider options to implement and review the program so that it effectively increases employer support of child care. Figure 1 provides an example of how this tax incentive program could work. Figure 1: Child Care Tax Incentive Program Example Rec. B4. Provide a retail sales (and use) tax exemption or deferral for construction, renovation, and remodeling of child care facilities. The task force recommends the Legislature consider providing a retail sales and use tax exemption or deferral for child care facility development. The task force found that facility development costs are a major impediment to increasing access. This tax exemption or deferral program, along with other task force facility recommendations, could help spur and support child care building construction and renovation. In addition to lowering costs for employer -supported onsite child care, this recommendation would directly benefit child care providers. The program would be easy to administer. Analysis from the Department of Revenue showed that, assuming 100 new facilities and 150 renovations, the estimated fiscal impact would be about $9 million per year to state government and $4 million per year to local government. Rec. 135. Provide a point -of -sale, sales (and use) tax exemption on consumables used in providing child care. The task force recommends the Legislature consider providing a sales and use tax exemption for child care supplies, furniture, and other consumable items. Similarly to the Recommendation 134, this recommendation could not only benefit employers who provide onsite, it could lower costs for all child care providers. The task force, in consultation with the Department of Revenue, found that a point -of -sale, sales (and use) tax exemption for child care consumables would be easy to scale and implement. Items eligible for the tax exemption may include child care furnishings, learning materials, linens, kitchenware, paper products, cleaning supplies, infant care products, games, toys, manipulatives, books, administrative supplies, and any other consumable items used to start up and operate a child care program. Eligible items may be increased or decreased to reach the targeted fiscal impact. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 353 9.1.b The exemption would be easy to use and administer. Providers would simply provide an exemption certificate when purchasing eligible items. As with any point -of -sale, sales (and use) tax exemption, there is a potential for fraudulent use. This tax exemption alone would be unlikely to incentivize an employer to begin providing onsite child care. Nevertheless, it would decrease child care provider costs, which may help providers maintain profitability and stay in business. Rec. 136. Pilot within state government a model "bring your infant to work" policy to demonstrate how other employers could scale and implement the model policy. Include alternative infant care options and other family -friendly policies for workplaces and jobs unable to consider hosting infants given workplace conditions. The task force recommends the Legislature consider options to support a state government pilot of family -friendly workplace policies, such as a model "bring your infant to work" policy. The task force supports state government piloting model infant -at -work and other family -friendly policies in order to prove the concept and identify lessons learned when implementing these policies in small, medium, or large organizations. The task force would like the state to pilot alternative policies for workplaces and occupations where bringing an infant to work is not feasible. Legislation introduced in 2019 (HB 1145) described guidelines for implementing a state employee "bring your infant to work" pilot program. Many agencies could adapt existing policies to align with the model polices. Implementing a "bring your infant to work" policy benefits employees by allowing additional bonding time with their babies and reducing the need for costly, hard -to -find infant care. While this pilot program alone would not necessarily incentivize employers to support child care, it would complement a suite of employer -supported child care incentives. Figure 2: Recommended Infant at Work Model Policy CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 354 9.1.b Goal C. Streamline Permitting and Licensing to Support the Construction, Renovation and Acquisition of Child Care Facilities Increased access to child care will require additional facilities. The task force recommends the state streamline requirements and processes, provide technical assistance and supports, and increase access to capital funding. Future task force reports will assess statewide facilities needs and develop an implementation plan for access to child care for all Washington families. The task force found that child care providers face facility development challenges associated with uncertain requirements, costs, and processes to permit and license new and expanding child care facilities. Many child care providers are small businesses or nonprofits with limited experience, resources, and access to professional services that may help them identify, finance, and develop sites and facilities. These challenges, and the capital funds needed, impede construction, renovation, and expansion of child care facilities. Washington state will need additional child care facilities to meet the demand for child care in each community. In July 2020, the task force will conclude a statewide facilities needs assessment for child "This section in the recommendations acknowledges the financial constraints that standards create for small businesses. We need to be mindful of the fact that requirements, necessary or unnecessary, cost money. With such an inflexible business model, centers need to be able to spend carefully to create safe and structured environments for children." Luc Jasmin, Washington Childcare Centers Association and Parkview Early Learning Center care and early learning programs. This will help us quantify and qualify gaps in the child care supply. In the meantime, the Legislature, agencies, and partner organizations can support child care facility development by streamlining permitting and licensing standards and processes, providing technical assistance and resources, investing in the Early Learning Facilities Fund, increasing access to facilities grants and low -interest loans, limiting impact fees, and simplifying child care licensing and change of ownership with a pre -approval process. Task Force Recommendations Rec. C1. Invest in technical assistance for construction or renovation of child care facilities to ensure timely and efficient startup and expansion: • Scale up the child care facilities technical assistance provision funded in 2019. Target provision in areas with most significant child care access challenges. Ensure the state has capacity to provide or contract with subject matter experts. • Create a guidebook or other tools for prospective providers detailing the steps to meet permitting, licensing and other specification requirements. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 355 The task force recommends the Legislature consider options to invest in technical assistance to support child care facility startup and expansion. This recommendation would help increase access and ease market entry for new and expanding providers, and help ensure providers gain knowledgeable support and timely guidance. The task force found that a technical assistance program would require increased staffing and/or funding for DCYF to contract services. The technical assistance program could be linked to the existing network of provider services and coaches. The state could develop a facility development guidebook to clarify requirements and prepare providers for their development path ahead. Technical assistance should include identifying and accessing sources of matching funds, such as CDFIs. Rec. C2. Streamline licensing during child care facility development: • Scale up the licensing pre -approval process to all new child care construction and renovation projects. • Coordinate local and state agencies such as DCYF, State Fire Marshal, and State Building Code Council to assess and streamline licensing processes. The task force recommends the Legislature consider options to support streamlining child care licensing during facility development. Simplifying the process to license a facility would reduce uncertainty child care providers face during facility construction and renovation. Currently, individual providers need to comply with a range of agencies in the licensing process and often lack certainty before they proceed with new facilities. Child care providers may not have access to check in with licensing agencies while a construction project is designed or underway to ensure that the end result will meet licensing standards. Child care providers have shared stories with the task force about finding out well into the construction process that the kitchen or bathroom configuration would not work, they had to use a specific kitchen hood, a grease trap was required, or the project would be subject to significant impact fees. Child care providers considering facilities in urban or developed areas with no options for licensed outdoor space would need to confirm that an alternative would be possible (such as daily field trips to the park) before purchasing and renovating the building for child care. In 2019, DCYF began to provide pre -approval for providers submitting proposals to the state Early Learning Facilities Fund. The task force recommends the state expand this process improvement to all providers. This may require increased state agency resource capacity and coordination between DCYF and other authorities such as the state fire marshal. Rec. C3. Partner with appropriate entities and jurisdictions to limit or eliminate local construction impact fees for child care facilities. Child care facilities serve a critical public purpose, like schools. Many local jurisdictions charge local impact fees for child care facility development projects. Impact fees can increase costs by over $100,000 for moderately sized child care centers in some jurisdictions. The task force recommends that the state partner with CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 26 Packet Pg. 356 9.1.b jurisdictions and stakeholders to limit or eliminate local impact fees while assuring that fees can be assessed if the use of the facility no longer serves child care and early learning. Rec. C4. Evaluate child care licensing standards and their impact on the development and maintenance of child care facilities. Initiate collaborative continuous improvement processes for licensing standard implementation and monitoring. The task force recommends the state develop continuous, collaborative evaluation and improvement processes for licensing standard implementation and to minimize any negative impacts on the development and maintenance of child care facilities. DCYF recently completed a negotiated rulemaking process and collaborative implementation process. A continuous licensing standard improvement process in partnership with child care providers should become regular practice. Rec. C5. Simplify and streamline licensing process for change of ownership of existing child care programs. The task force recommends the state simplify and streamline licensing processes for existing child care programs that change ownership. Relicensing existing programs to new operators is a regulatory pain point for providers. Few options exist for retiring center owners to easily transfer ownership of existing businesses. Ensuring ease of business succession would help prevent closures of child care programs, even for short periods of time, especially in regions with scarce availability. This recommendation supports professional growth in the child care field by providing pathways to small business ownership. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 357 9.1.b Goal D. Reduce Disparities and Disproportional ities in Child Care Service Delivery and Access Families struggle to find affordable, accessible child care. Barriers related to income, education, race, ethnicity, culture, language, literacy, health, mental health, trauma and toxic stress, transportation, housing, neighborhood, and other factors disproportionately affect some Washington families. The task force recommends policies to reduce these barriers and provide equitable access to child care. Future task force reports will examine the subsidy system, diversity, and underserved areas to recommend specific policies and implementation plans to reduce disparities and disproportionalities. Child care is expensive. Infant care provides the most striking example. Washington parents needing full-time care for their infant will pay 113% more than in -state public college, and 5.4% more than average rent. If the infant has a four -year -old sibling, the family would pay 46% more for How big a bite does cbiid care take? child care than average rent. Figure 3 shows the proportion of income different families would pay for infant care in our state. Using the U.S. Department of Health and Human Services measure of child care affordability as no more than 10% of family income, only 24% of Washington families have access to affordable infant care.29 Infant care costs as a share of income in Washington For a median family with children For a minimum -wage worker For a typical child care worker 18.6% 84.8% 35-7.5%Sf2.733 of SM733 of 008.794 $19.698 40OW Figure 3: Infant Care Costs as a Share of Income in Washington, Economic Policy Institute Racial and ethnic disparities exist in school readiness and child care access. In the 2018-19 school year, only 40% of children of color arrived ready for kindergarten in all six WaKIDS domains, compared to 51 % white children.30 Studies have shown that racial and ethnic groups have disparate access to child care, preschool, health and other early childhood services.s, az More can be done to complement and extend important diversity, equity and inclusion work in the early childhood education community, such as the 2013 Racial Equity Theory of Change.ss Child care is hard to find. The Center for American Progress released a 2018 report showing that Washington state ranks 61h in the country for the number of people living in a child care desert. It showed that approximately 63% of Washington residents live in a child care desert, where child care capacity does not meet demand.34 While some experts suggest this analysis may be overstated, it still puts a spotlight on the challenges our state faces, especially in rural, remote, and densely populated areas. The task force will evaluate child care access gaps and facilities needs, and report findings to the Legislature in July 2020. Future task force reports to the Legislature will recommend policies to support providers serving families furthest from opportunity, and providers demonstrating additional linguistic or cultural competency. These reports will also include a child care cost CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 358 estimate model that can be used for policymakers to identify the full cost of licensed, high -quality child care for communities and populations in our state. Task Force Recommendations Rec. D1. Create a graduated co -pay structure that eliminates the "cliff effect" for all state -administered child care subsidies. This is a principle to guide the task force's continued work. The task force agreed with the principle that families should not experience sudden increases in child care subsidy co -payments or immediately lose subsidy when their pay increases just above the eligibility threshold. Child care allows families to participate in the workforce, and our subsidy system should help those with low- income access child care. Steep co -pay differences and policies that result in families disqualifying for subsidy following minor pay raises makes the subsidy system complicated for families to use. The task force recommends the Legislature consider options to support graduating the subsidy co -pay structure so families do not experience a "cliff effect" and more families can access child care. The task force will evaluate state -administered child care subsidies and provide the Legislature a phased implementation plan for policy changes to the Working Connections Child Care (WCCC) program in December 2020 WCCC helps families with incomes below 200% of the federal poverty level pay for child care while they work or attend certain education programs. When a family qualifies for child care subsidy benefits and chooses an eligible provider, the state pays a portion of the cost of child care. The parent is responsible to pay a copayment to the provider each month. Eligibility is determined by family income and size, with increasing income resulting in larger co -pays up to the subsidy limits. The sudden loss of child care benefits due to rising income — the "cliff effect" — can harm families both in the short and long term. Families may change child care providers, opting for a less expensive and potentially lower -quality option if they can no longer afford the care they previously received. This poses risks for children, who benefit from routine and stable environments. A 2018 study in Pierce County demonstrates the real impact of the cliff effect. Losing WCCC can feel like a loss of income. For example, a family of four (infant and preschooler) with each adult working for $12 per hour sees an "effective wage" increase to $15 per hour, including their WCCC benefit. However, they lose the subsidy when their wages reach $12.50 per hour. This drops the parents' effective wages by $5 per hour, now that they must pay market rate for child care. They regain that income only when each parent's wages reach $15 per hour.ss Some states have effectively softened the slope of child care subsidy copayments. Colorado created the Child Care Assistance Cliff Effect Pilot Program, which slowly phases out the amount of public assistance for families above the subsidy threshold.36 CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 29 Packet Pg. 359 Figure 4 shows that Washington's WCCC co -pay structure has steep copayments from about 140% to 200% of federal poverty level. At these income levels, the copayments exceed federal guidelines for affordable child care (10% of income). Figure 4: Washington Working Connections Child Care Subsidy Co -Payment Structure37 Co -Payment Structure has $1,000 steep co -payments for all $800 but very low-income 5600 $400 families. $200 35% Only 16% of eligible 30% 25% children are served with 20% 15% subsidy. 1a% 5% 0°/a Current Washington Family Payment $736 $467 $15 $65 ti Current Washington Family Payment as Percent of Family Income Current Washington Family Payment Jas %of Family Income) •••••• 7 Percent Line ... ... I ........... ......... I...� ...................... off° 141, yob° I'll 01 e 'IS",1,yyo1°Yn,1 '1°a hl° ol° 1rO 11 ,* 5�° I'll, b� ob 5111110 ,ti Rec. D2. Increase eligibility for state -administered child care subsidies to support more low- and middle -income families. This is a principle to guide the task force's continued work. In addition to eliminating the eligibility "cliff effect" described in Recommendation D1 above, the task force also recommends the Legislature consider options to expand the subsidy eligibility window to support more families. Expanding eligibility limits can also serve as a way to implement a "slope" to replace the current "cliff." Child care costs are not just a challenge for low-income families. Moderate- and even middle -income families also face costs that often exceed tuition at our state's public colleges. The Mounting Costs report (Attachment 1) parent survey participants matched our state's income demographics. The report documents the challenges faced by working parents and the impact it has on their work participation. Researchers at the University of New Hampshire Carsey School of Public Policy found in 2018 that U.S. child care expenses pushed approximately 9% of working families with children under age six out of the middle class.38 Their study found that many working families cannot attain middle -income status because of child care expenses, while many additional families maintain this status by relying on unpaid child care, informal arrangements with family or friends, or below -market -rate services, potentially from unlicensed care providers. An even greater share of middle-class families would be pushed out if they incurred typical child care costs. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 30 Packet Pg. 360 9.1.b Rec. D3. Prioritize increasing affordability of child care for families disproportionately affected by barriers and furthest from opportunity. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to prioritize increasing child care affordability for families furthest from opportunity. In the December 2020 report to the Legislature, the task force will recommend policies for DCYF to provide additional targeted investments for child care providers serving populations furthest from opportunity. Future recommendations will include providers serving children enrolled in the state Early Childhood Education and Assistance Program (ECEAP), underserved geographic communities, underserved ethnic or linguistic communities, underserved age groups such as infants and toddlers, and populations with specialized health or education needs. Rec. D4. Enable child care providers to care for children eligible for state child care subsidies by adjusting provider subsidy rate payments to cover the full cost associated with providing high -quality child care. This is a principle to guide the task force's continued work. The task force agreed with the principle that child care providers should receive subsidy payments that cover the costs associated with providing high -quality child care. The task force recommends the Legislature consider options to increase child care subsidy rate payments, and base the payments on the cost of providing care. Subsidies help low-income families access high -quality child care. Washington's child care subsidy reimbursement rate is generally lower than regional market rates for child care. Research has suggested that while a lower subsidy reimbursement rate allows more families to access the subsidy, it also contributes to low child care staff wages and a less stable child care workforce.39 The National Institutes of Sciences, Engineering, and Medicine have suggested that not only should a quality -oriented early care and education system (like Washington's) reimburse child care providers based upon the total cost of high quality, it should build into the model the costs of a highly qualified and adequately compensated workforce.ao "My center has teachers paid 30-40% above the industry average and full medical/dental. Our turnover is only 5% for all full-time teachers, while the industry average is well over 40%. The unfortunate result of operating our business with a focus on high quality is that we are unable to accept families utilizing state subsidy, as it only covers 60% of our tuition, and not possible with our business model." Nicole Sohn, Journey Discovery Center In the December 2020 report to the Legislature, the task force will include a child care cost estimate model to determine the full costs of providing high -quality child care in different regions of our state, including costs associated with statutory and regulatory requirements and each level of the Early Achievers quality rating system CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 361 9.1.b Rec. D5. Support and enable child care and related programs to implement trauma -informed, culturally responsive, and bias -reducing practices, including providing opportunities for education on implicit and explicit bias and other types of cultural competency -focused training. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to support and enable child care programs to implement practices that will support children who have experienced trauma, reduce bias, and increase cultural responsiveness of child care settings. This will increase the quality of child care settings and better meet the diverse needs of children in our state. Legislation passed in 2018 (EHB 2861) directed DCYF to develop a five-year strategy to expand training and awareness in trauma identification and positive behavior supports in early learning environments to improve outcomes for young children. The task force recommends continuing to develop and implement the strategy. The context for learning includes complex developmental, cognitive, physical, social, historical, and cultural systems. An expanding body of research has suggested that learners grow and learn in culturally defined ways in culturally defined contexts.41 Research has suggested that early childhood educators provide culturally sensitive care to support children's development.42 To provide early childhood settings that are sensitive and responsive to family cultures, the task force recommends the state support provision of training and encourage practices that reduce bias and increase cultural responsiveness in child care settings. Rec. D6. Incentivize provision of nonstandard -hour child care, including evening, weekend, and overnight care, to increase access to child care for those who work or attend school during nonstandard hours. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to incentivize providing child care during nonstandard hours (NSH) to increase access to child care for parents who work or take classes outside the hours of 6 a.m. to 6p.m. Monday through Friday, and have schedules that vary. An estimated 20% of Americans work nonstandard hours.43 In 2018, Child Care Aware of Washington estimated 20% of child care inquiries received were for NSH child care.44 Child Care Aware of America reported in 2019 that nationally, NSH child care is very limited and often unlicensed. Only 8% of center -based providers reported that they offered NSH child care.45 In Washington, 37% of working parents of children under six surveyed indicated they could not find child care that fit their work schedule.ae Options to incentivize provision of NSH child care may include higher subsidy rates; access to technical assistance and support to meet licensing standards for overnight care; and facilitating connections between providers and NSH employers to match supply to local demand. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 362 9.1.b Rec. D7. Incentivize provision of child care in the child's home language, and support dual language learning. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to incentivize dual - language and home language child care programs to increase access to care for families with limited English proficiency and home languages other than English. This will encourage dual language learning, or learning two language systems simultaneously that leads to bilingualism. The Migrant Policy Institute estimated that Washington state has 296,000 parents of dual language learner children, only 10.4% of whom speak English.47 In 2013, immigrants made up 20% of Washington's early childhood education workforce. Immigrant early childhood educators provide the majority of linguistic diversity in the early education field.48 Incentives may include offering existing and potential child care providers and staff additional supports to meet credential, education, and licensing requirements, and increasing subsidy rates for providers who demonstrate linguistic abilities. The task force will make additional recommendations to the Legislature in December 2020 to preserve and increase racial, ethnic, cultural, and linguistic diversity of Washington's child care workforce. "Racial and ethnic disparities and disproportionalities in child care impact communities of color by not recognizing and accommodating cultural and socioeconomic differences. Culturally responsive childcare is important because it recognizes cultural and socioeconomic differences as well as English as a second language. Childcare providers adjust curriculum to meet the needs of the diverse class." Nikki Torres, Tri-Cities Hispanic Chamber of Commerce Rec. D8. Offer information in multiple languages to reduce language barriers in seeking and accessing child care. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to offer child care resource and referral information in multiple languages. Increasing language access will reduce disparities in child care access for Washington parents with limited English proficiency. Using 2013 estimates, this would make it easier for up to 265,000 Washington parents to search for and find child care. Currently, online child care resource and referral information is available in English, Spanish, Russian, and Somali.49 This recommendation may be implemented by providing resources to support translation and interpretation services for child care resource and referral agencies and outreach in communities where multiple languages are spoken. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 363 9.1.b Rec. D9. Enable families to navigate and access child care and related programs through informational resources, technical assistance, outreach, and other supports. This is a principle to guide the task force's continued work. The task force recommends the Legislature consider options to support provision of resources and assistance to enable all families to navigate and access child care and related programs. This recommendation could be implemented by child care resource and referral agencies and statewide organizations representing parents that could continually assess family needs and identify options to meet them. The task force will examine barriers to accessing child care and develop an implementation plan for increasing access in the next phase of work. Rec. D10. Support provision of child care in underserved geographic areas and rural areas so families may access child care in their local communities. This is a principle to guide the task force's continued work. The task force agreed with the principle that extra support from the state and other sources is needed to help expand the supply of child care in rural and currently underserved locations. The task force recommends the Legislature consider options to support provision of child care in underserved and rural areas. This recommendation will help increase the supply of child care in areas with disproportionate access. The task force learned from the Mounting Costs parents survey that half of Washington parents responding to the survey who sought child care could not find openings near their homes or workplaces. Additionally, 33% of parents responding indicated their primary challenge accessing child care was that available options were too far away. Economic development and chamber of commerce leaders across the state have reported that lack of child care is impeding economic growth and jobs in their communities. Recommendations in this report under Goal A. Stabilize, Support, and Sustain the Child Care Workforce, Providers, and Industry include additional options for supporting provision of child care and increasing the supply of child care in Washington. The next phase of the task force's work will include a child care industry assessment and facilities needs assessment. This will help uncover the geographic gaps in child care provision. The assessment will map child care locations and where additional child care availability is needed based upon prospective demand. The task force will report assessment findings to the Legislature in July 2020. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 364 9.1.b "As an economic development professional, I never expected that so much of my time and energy would be spent on addressing child care inequity in my community and region. My ability to retain existing employers and attract new business is currently constrained by the lack of affordable and accessible child care. The bottom line is that child care providers are closing their doors in record numbers, and this is impacting the ability for my rural county to grow and thrive. "To help address this crisis, we need a comprehensive approach. We need more tools available to us to actually make a difference. For us to retain and expand child care services, especially in rural areas, we need to create a dynamic and multi -faceted system that can help provide a safe, nurturing environment for our children while providing the resources necessary to allow our providers to operate and succeed within this critical industry." Dru Garson, Greater Grays Harbor, Inc. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 365 9.1.b Conclusion This initial report of the task force recommends steps the Legislature, state agencies, and partners can take to meet our state's child care challenges. Also included are findings and guiding principles for the next phase of the task force's work to develop a comprehensive implementation plan for the future. Over the past year, the task force has learned about and confirmed the range of issues confronting working parents, employers and the child care industry. The task force found that: Washington lacks sufficient affordable, high -quality child care; Child care access affects our workforce, employers and economy in deep and measurable ways; and A comprehensive strategy is required that will need to be implemented steadily over time. Washington faces a dilemma with the need to significantly increase access to high -quality child care swiftly enough to address the negative effects of insufficient access on our workforce, economy and children. Recommendations in this report help our state frame, and consider steps to solve, that dilemma. The task force is beginning a detailed assessment of the child care industry and developing a cost estimate model that will lead to more recommendations in 2020 and will also provide a strong foundation for our June 2021 strategic implementation plan to the Legislature. In the meantime, much can be done to improve the policies and programs that exist and create new tools and resources. In closing, the task force reflects on our vision that Washington state become the nation's most equitable, affordable, and accessible child care system that benefits all our parents, child care staff and providers, employers and communities, providing: • Quality, affordable, accessible licensed child care that gives parents diverse choices to meet their family and employment needs, regardless of their income, race or where they live. • An economically healthy and diverse child care industry with a supported, well - compensated workforce that meets the demand and choice requirements of families and employers. • Increased workforce productivity when employers support the child care needs of their employees through the availability of a scalable set of tools and incentives that increase access and affordability of high -quality child care. • New strategies and investments from the public and private sectors that engage employers in supporting all working families' access to high -quality, affordable child care. The task force is honored to present these recommendations and looks forward to the opportunity to continue our work to present a holistic plan for your consideration in 2021. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 366 9.1.b Appendices A. Task Force Membership B. Recommendation Development and Voting C. Recommendations at a Glance D. List of Recommendations E. About the Task Force F. Acronyms and Definitions G. Bibliography H. End Notes Attachments 1. The Mounting Costs of Child Care: Impacts of Child Care Affordability and Access to Washington's Employers and Economx (10 pages) 2. Washington State Childcare Study. Analyzing the Costs Facing Businesses Due to Workforce Turnover and Missed Time Associated with Inadequate Childcare Options (19 pages) 3. Parenting in the Workplace Institute Babies -at -Work Policy Template (11 pages) CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 367 9.1.b Appendix A: Task Force Membership Table 2: Appointed Members and Attendees, July 2018-September 2019 Amy Michele Dru Erin Luc Janelle Mary Ellen Maria Laura Ryan Neil Nikki David Cate Michael Anderson Association of Association representing Washington Business business interests Beeler Schweitzer Engineering Midsize business Laboratories Garson Greater Grays Harbor Inc. Chamber of Commerce — Western Washington Haick SEIU Local 925 Union representing child care I Jasmin Johnson O'Keeffe Perez Pricco Strege Torres Beard I Bridenstine I Cade providers Washington Childcare Organization representing the Centers Association and interests of licensed child day Parkview Early Learning Center care centers Lummi Nation Federally recognized tribe Nongovernmental public - Thrive Washington private partnership supporting home visiting service delivery Broetje Orchards — First Small business (2018) Fruits Child Care Aware of Statewide childcare resource Washington and referral network Washington Roundtable Tri-Cities Hispanic Chamber of Commerce School's Out Washington The Imagine Institute Thurston County Economic Development Council Statewide nonprofit organization comprised of senior executives of major private sector employers Chamber of Commerce — Eastern Washington Advocacy organization — expanded learning opportunity Professional development for family day care providers and family, friend, neighbor child care providers Economic development organization — Western Washington Voting Voting Voting Voting Voting Voting Voting Voting Voting Voting Voting Non- voting Non- voting Non- voting CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 3F Packet Pg. 368 9.1.b Mike Canfield Mary Curry RaShelle I Davis I Sen. Joe Fain Jessyn Farrell Sydney Forrester Tim Gates Ruth I Kagi Sen. Karen I Keiser Tracie Kenney Michael Koetje Allison Krutsinger Bethany Larsen Justin Leighton Meg Lindsay Lois I I Martin Parents Association of Advocacy organization — Non - Washington State foster care youth voting Pathways Enrichment Child care provider I Non - Academy voting Governor's Office Governor's Office (2018-19) Non- voting Then -senator, 47th Washington Senate Non - District, Washington Republican Caucus (2018) voting Senate Civic Ventures Community stakeholder Non- voting Governor's Office Governor's Office (2019) Non- voting Employment Security Employment Security Non - Department Department voting Early Learning Community stakeholder Non - Ambassador voting 33rd District, Washington Washington Senate Non - Senate Democratic Caucus (2018-19) voting Department of Children, Department of Children, Youth Non - Youth and Families and Families voting Pierce College and Non - Tacoma Community Institution of higher education College voting Children's Alliance Advocacy organization — early Non - learning voting Child Haven Child care provider/victim Non - services voting Washington State Transit Association representing Non - Association statewide transit interests voting Economic development I Non - Greater Spokane Inc. organization — Eastern Washington voting Community Day Center Child care provider I Non - for Children voting CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 369 9.1.b Last Organization i 4thWashington District, Washington House of Rep. Bob McCaslin Ho of Representatives Representatives Republican voting voting Caucus Babette I Roberts Department of Social and Department of Social and Non - I Health Services Health Services voting Non- Kristine I Rompa Department of Revenue Department of Revenue voting Washington Family Adie I Simmons Advocacy organization — Non - Engagement parents voting Cheryl Smith Department of Commerce Department of Commerce Non- voting Ginger Still Kid's World Child care provider Non- voting Department of Children, Department of Children, Youth, Genevieve Stokes Non - Youth and Families and Families voting John Swartz Kiddie Academy Child care provider Non- voting Faith Trimble Capitol Campus Child Child care provider Non - Care Center voting 30th District, Washington Sen. Claire Wilson Washington Senate Non - Senate Democratic Caucus (2019) voting Mackenzie Chase Seattle Metro Chamber Community stakeholder Attendee Emily Dills Seattle Nanny Network Community stakeholder Attendee Momazonians, an Anna Edwards employee parenting Community stakeholder Attendee group at Amazon Laurie Lippold Partners for Our Children Community stakeholder Attendee Momazonians, an Sarah Schnierer employee parenting Community stakeholder Attendee group at Amazon Nichole Sohn Journey Discovery Center Community stakeholder I I Attendee Amazon; Seattle Nanny Anna Stein Community stakeholder I I Attendee Network CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 370 9.1.b Appendix B: Recommendation Development and Voting The task force met eight times between July 2018 and October 2019. The first four meetings provided foundational information about child care systems, challenges, opportunities and best practices. As directed by legislation, the task force evaluated current available data, best practices for employer -supported child care, and research related to the economic and workforce impacts of employee access to high quality, affordable child care. From November 2018 through March 2019, task force members formed action teams to identify options, set goals and develop recommendations in four areas: accessibility, affordability, employer -supported child care, and child care industry and workforce support. Figure 5 shows action team membership and focus areas. Figure 5: Task Force Action Teams Accessibility How can we increase accessibility and services where supply doesn't meet demand - geographically, infant care, back-up care, etc.? Members: Bethany Larsen, David Beard, Dru Garson, Janelle Johnson, Justin Leighton, Nikki Torres, RaShelle Davis, Rep. Bob McCaslin, Tracie Kenney Affordability How can we improve the "broken market" of child care by ensuring this critical social need is both affordable for parents and economically viable for providers and their employees? Members: Amy Anderson, Babette Roberts, Faith Trimble, Jessyn Farrell, Lois Martin, Luc Jasmin, Maria Laura Perez, Mary Curry, Michael Cade, Ruth Kagi, Sen. Karen Keiser Employer- How can we encourage and incentivize employers to support their employees' child care needs? Supported Child Care Members: Adie Simmons, Allison Krutsinger, Cheryl Smith, John Swartz, Kristine Rompa, Michele Beeler, Neil Strege, Rep. Kristine Reeves Child Care How do we overcome barriers to prospering in the range of child care Industryand business models? How can we help assure a sustainable, high quality Workforce workforce? Support pp Members: Caitlyn Bridenstine, Erin Haick, Ginger Still, Mary Ellen O'Keeffe, Meg Lindsay, Michael Koetje, Ryan Pricco, Sen. Joe Fain, Timothy Gates To better understand the effects of child care access on workforce participation and our economy, task force member organizations Association of Washington Business, Child Care Aware of Washington, Children's Alliance and Department of Commerce as well as the U.S. Chamber of Commerce Foundation jointly contributed resources to a statewide survey and economic impact analysis. The partnership developed a questionnaire adapted from those used recently in the states of Georgia, Maryland and Louisiana. In March 2019, Elway Research collected a representative sample of 400 Washington parents of children younger than age 6. Eastern Washington University's Institute for Public Policy and Economic Analysis used the survey results to calculate impacts to Washington's workforce, employers and economy due to employee turnover, missed work and opportunity costs. See findings in the "Mounting Costs" report and Eastern Washington University's economic impact analysis in Attachments 1 and 2. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 371 9.1.b From May through August 2019, the task force developed a collective vision, goals and policy recommendations based on action team findings and analysis. Table 3 summarizes task force meeting topics and activities. Table 3: Task Force Meeting Dates, Presentations, and Topics 10 a.m.-4 p.m. July 10, 2018 10 a.m.-4 p.m. Oct. 2, 2018 10 a.m.-4 p.m. Nov. 28, 2018 10 a.m.-4 p.m. Jan. 22, 2019 10 a.m.-4 p.m. March 15, 2019 10 a.m.-4 p.m. May 14, 2019 10 a.m.-4 p.m. June 13, 2019 July 24, 2019— Aug. 2, 2010 10 a.m.-4 p.m. Aug. 12, 2019 Topics: Current state of child care; initial view: challenges and opportunities Presenters: Karen Hart, SEIU 925; Amy Anderson, Association of Washington Business; Erica Hallock, Fight Crime Invest in Kids; Frank Ordway, DCYF; Ryan Pricco, Child Care Aware of Washington Tour: Federal Way child care center Topics: Child care system overview; providers panel Presenters: Genevieve Stokes, DCYF; Liliya Aukhimovich and Alice King, family home providers; Mary Curry, Pathways Enrichment Academy; Kim Sheridan, Fauntleroy Child Care Center; Nicole Sohn, Journey Discovery Center Topic: Overview of Washington child care and early learning funding Presenters: Paul Knox, Department of Commerce; Ruth Kagi, Washington Legislature Action Teams: Teams formed; goals and objectives drafted; outlining of key issues and possible recommendations started Topics: Child care impacts on business and future workforce; how business can be involved; child care best practices; market rate study and compensation study Presenters: Katharine Stevens, American Enterprise Institute, author of US Chamber 2017 child care report; Linda Smith, Bipartisan Policy Center, Washington, D.C.; Angela Abrams, DCYF Action Teams: Continued development of draft recommendations Action Teams: Refined and shared goals and top three recommendations with full task force Task Force: Reviewed and refined vision, goals and policy recommendations Task Force: Further refined and finalized vision and goals and reviewed and refined policy recommendations Recommendation Development Webinars: Employer -supported care and tax incentives; streamlining permitting and licensing of child care facilities; reducing disparities and disproportional ities in child care access; supporting the child care workforce, providers and industry Task Force: Discussion and final vote on recommendations CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 372 Approach to decisionmaking The task force engaged in open dialog and made decisions by consensus while developing draft vision, goals, strategies and policy recommendations. The task force used informal polls to identify levels of agreement. Staff convened webinar discussions to gather task force and stakeholder feedback regarding goal and recommendation language. In August 2019, the task force used a multistep voting process to approve the recommendations in this report. First, all nonvoting task force members and attendees took an advisory vote to indicate their positions on whether slates of recommendations should pass — "yes," "no" or "abstain." After the advisory vote, task force voting members asked questions of the advisors. Voting members inquired about why advisors voted as they did and how issues might be resolved by amending the recommendations. Next, the task force voting members present voted "yes," "no" or "abstain" to pass the slates of recommendations organized by goal area. All slates passed with a majority voting "yes." After initial passage of the slates of goals, task force members proposed and considered amendments. Each amendment received an advisory vote followed by a final vote, with a simple majority determining final passage. Many amendments passed unanimously. Table 4 below summarizes the voting results for each slate of recommendations before the task force made amendments. Table 4: Aug. 12, 2019, Recommendation Voting Results by Goal Area Recommendation Voting Results by Goal Area Round Yes No Abstain Stabilize, Support and Sustain the Child Care Workforce, Providers and Industry (9 recommendations) Advisory Vote 18 1 1 Final Vote 8 0 0 Increase Employer Support of Child Care (6 recommendations) Advisory Vote 15 3 3 Final Vote 6 1 1 Streamline Licensing and Permitting of Child Care Facilities (5 recommendations) Advisory Vote 18 1 1 I Final Vote 1 71 0 1 0 Reduce Disparities and Disproportionalities in Child Care Service Delivery and Access (10 recommendations) Advisory Vote 19 1 0 Final Vote 6 1 0 CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 43 Packet Pg. 373 9.1.b Appendix C: Recommendations at a Glance The Child Care Collaborative Task Force recommends the following: Washington state should promote, incentivize and recognize employer -supported child care so public and private employers invest in family -friendly employment policies and practices, such as infants -at - work policies, flexible schedules, dependent care assistance program benefits, onsite child care, contracted child care, and backup child care. Sharing the business case, tools and tiered tax incentives would enable more employers to support their employees' access to child care. Awareness of the Business Employer Case for Resources Supporting and Tools Child Care Tiered Increased Financial Employer Incentives Supports for Child Care State, local and nonprofit agencies should collaborate to provide technical assistance and licensing pre - approval processes, limit fees, and continuously review and improve licensing standards to streamline permitting, licensing and development of child care facilities. Licensing Reduced Pre -Approval Fees Process T U C. The state should work to stabilize, support and sustain the child care workforce, providers and industry through competitive compensation; benefits; access to substitutes; professional and career development supports; positive working relationships among licensors, regulators and providers; supports to start up and expand child care programs; access to grants, loans, the Early Learning Facility Fund and other business capital resources; and supports for diverse, equitable and inclusive settings. Supporting the child care workforce and providers would increase stability and economic health of the child care industry. Access to Competitive Substitutes, Culture of Wages and Training and Support and Benefits Higher Respect Education table, BusinessJ71 ported Capital andild Care Qualityrkforce, Resourcesoviders anIndustry The state should work to reduce racial, ethnic and geographic disparities and disproportionalities in child care service delivery and accessibility to services for families through a graduated state subsidy copay structure; increased eligibility for subsidies; provider subsidy rate payments that cover the full cost of high -quality care; incentives and support to provision nonstandard -hour care and care in underserved and rural areas; trauma -informed, culturally responsive and bias -reducing practices; and resources and assistance in multiple languages so families could effectively navigate and access programs. No Subsidy Subsidy Rates Trauma Racial, Ethnic "Cliff" and That Cover Access to Informed, and Expanded the Full Cost (Nonstandard Culturally Geographic Subsidy of Quality Hour and Responsive Disparities in Eligibility Care Rural Care Practices Access to Care i CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 374 9.1.b Appendix D: List of Recommendations Goal A: Stabilize, Support, and Sustain the Child Care Workforce, Providers, and Industry Rec. Al. Support compensating the child care workforce competitively with educators in the state's education continuum in order to provide living wages, reduce turnover, and promote longevity of skilled providers in the child care workforce. Rec. A2. Ensure child care staff can access employment benefits and develop other strategies to prevent workforce burnout and support the wellbeing of child care staff. This could include access to health insurance, dental insurance, paid leave, and retirement benefits. Rec. A3. Develop a network of local substitute pools across the state to allow child care staff and providers time off to attend training, personal or vacation time, and recover from illness. Rec. A4. Support professional development of the current and future workforce: • Create a system to show competency through credential- and experience -based equivalencies. • Develop alternative ways to receive professional development, such as online learning. • Incentivize higher education attainment and career pathways via scholarships and loan repayments programs. • Use multiple languages and platforms for all aspects of professional development. Rec. A5. Foster a culture of support and mutual respect between child care licensors, regulators and providers: • Establish consultative practices and service standards. • Enact a third -party evaluation of the regulatory environment, engaging both licensing staff and providers to inform collaboration and continuous improvement. • Compile data to better track provider closures. Conduct learning interviews with providers leaving the industry or Early Achievers system to better understand exit reasons. • Create and maintain a clear, shared guidebook for both licensors and providers, outlining in plain language all licensing standards and expectations. Rec. A6. Support child care provider startup and expansion: • Offer technical assistance for business startup, operation and growth. Implement statewide, shared services programs and cooperatives for provider business needs (financial management, human resources, purchasing, etc.). Create and maintain a "best practices" guidebook for providers, supporting quality business and management operations. Rec. A7. Increase access to grants, loans and other funding sources to offset child care operating and capital facility costs, including but not limited to the Early Learning Facility Fund, small grants and microloans. Rec. A8. Support development of child care facilities: • Continue to invest in the Early Learning Facilities Fund. • Offer retail sales and use tax exemptions. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 375 • Streamline facility permitting and licensing. • Focus on rural and underserved areas. Rec. A9. Provide state funds to leverage public -private partnerships with community development financial institutions (CDFIs) to develop child care financing options, such as loan programs Rec. A10. Promote diverse and inclusive child care settings so children have equitable opportunities for learning that help them achieve their full potential as engaged learners: Develop the capacity of neighborhoods and communities to meet local child care needs in a variety of settings. Support and enable child care programs to: o Implement trauma -informed, culturally responsive and bias -reducing practices, including providing opportunities for education on implicit and explicit bias and other types of cultural competency -focused training. • Recruit and retain educators and leaders who reflect the diversity of served families (race, ethnicity, gender and home language) and exhibit a commitment to improving their practice. Ensure, to the extent possible, that any formal assessment tools are designed and validated for use with the children being assessed, considering age, culture, language, social and economic status, and abilities and disabilities. Goal B: Increase Employer Support of Child Care Rec. 131. Educate employers on the business case for supporting child care and reducing barriers to participation in employer -supported child care programs. Demonstrate the case with data. Rec. 132. Develop and promote an informational web -based menu of options for employers to support employee provision of child care, such as available options, how to evaluate and access them, and available recognition or incentive programs. Examples of the menu of options could include connecting employers with resources regarding: • Implementing "bring your infant to work" and other family -friendly model policies • Allowing for parent choice among child care options • Providing backup child care • Providing onsite child care • Contracting with nearby child care programs • Accessing federal, state, and local tax incentives • Offering the Dependent Care Assistance Program • Participating in voluntary programs recognizing family-, child-, and breastfeeding-friendly workplaces Rec. 133. Implement a tiered business tax incentive program to match business expenditures for provision of employee child care, including but not limited to the following expenditures: • Contributions to child care savings accounts • Child care vouchers or tuition payments • Provision of external child care and back-up care • Provision of onsite child care • Start-up costs CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 46 Packet Pg. 376 9.1.b Rec. B4. Provide a retail sales (and use) tax exemption or deferral for construction, renovation, and remodeling of child care facilities. Rec. B5. Provide a point -of -sale, sales (and use) tax exemption on consumables used in providing child care. Rec. B6. Pilot within state government a model "bring your infant to work" policy to demonstrate how other employers could scale and implement the model policy. Include alternative infant care options and other family -friendly policies for workplaces and jobs unable to consider hosting infants given workplace conditions. Goal C: Streamline Permitting and Licensing to Support the Construction, Renovation, and Acquisition of Child Care Facilities Rec. C1. Invest in technical assistance for construction or renovation of child care facilities to ensure timely and efficient startup and expansion: • Scale up the child care facilities technical assistance provision funded in 2019. Target provision in areas with most significant child care access challenges. Ensure the state has capacity to provide or contract with subject matter experts. • Create a guidebook or other tools for prospective providers, detailing the steps to meet permitting, licensing and other specification requirements. Rec. C2. Streamline licensing during child care facility development: • Scale up the licensing pre -approval process to all new child care construction and renovation projects. • Coordinate local and state agencies such as DCYF, State Fire Marshal and State Building Code Council to assess and streamline licensing processes. Rec. C3. Partner with appropriate entities and jurisdictions to limit or eliminate local construction impact fees for child care facilities. Rec. C4. Evaluate child care licensing standards and their impact on the development and maintenance of child care facilities. Initiate collaborative continuous improvement processes for licensing standard implementation and monitoring. Rec. C5. Simplify and streamline licensing process for change of ownership of existing child care programs. Goal D: Reduce Disparities and Disproportional ities in Child Care Service Delivery and Access Rec. D1. Create a graduated co -pay structure that eliminates the "cliff effect" for all state - administered child care subsidies. Rec. D2. Increase eligibility for state -administered child care subsidies to support more low- and middle -income families. Rec. D3. Prioritize increasing affordability of child care for families disproportionately affected by barriers and furthest from opportunity. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 377 9.1.b Rec. D4. Enable child care providers to care for children eligible for state child care subsidies by adjusting provider subsidy rate payments to cover the full cost associated with providing high -quality child care. Rec. D5. Support and enable child care and related programs to implement trauma -informed, culturally responsive, and bias -reducing practices, including providing opportunities for education on implicit and explicit bias and other types of cultural competency -focused training. Rec. D6. Incentivize provision of nonstandard -hour child care, including evening, weekend, and overnight care, to increase access to child care for those who work or attend school during nonstandard hours. Rec. D7. Incentivize provision of child care in the child's home language, and support dual language learning. Rec. D8. Offer information in multiple languages to reduce language barriers in seeking and accessing child care. Rec. D9. Enable families to navigate and access child care and related programs through informational resources, technical assistance, outreach and other supports. Rec. D10. Support provision of child care in underserved geographic areas and rural areas so families may access child care in their local communities. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 378 Appendix E: About the Task Force CHILD CARE COLLABORATIVE TASK FORCE —Substitute House Bill 2367 (2018), Second Substitute House Bill 1344 (2019) The Child Care Collaborative Task Force (C3TF) was created by the Washington State Legislature in 2018 (SHB 2367) to develop policy recommendations to incentivize employer -supported child care and improve child care access and affordability for employees. The task force was extended in 2019 with the passage of 2SHB 1344. The Governor -appointed C3TF includes child care providers and advocates, child care workforce development and labor groups, business associations and employers, state agencies and legislators. The task force will report findings and recommendations to the Legislature in November 2019, July 2020, and December 2020, culminating in a June 2021 implementation plan to achieve accessible, affordable child care for all Washington families by 2025. 2019-2021 TASK FORCE PRODUCTS • Regional child care industry assessment • State executive branch employee child care access survey • Child care and early learning facility needs assessment • Child care cost estimate model to determine the full costs of providing high quality child care • Early childhood educator compensation recommendations • Deliver to the Governor and Legislature a strategy, timeline, and implementation plan to reach the goal of accessible, affordable child care for all families by 2025 AGENCY CONTACT Cheryl Smith, Community Engagement and Outreach Director cheryl.smith@commerce.wa.gov 0 Department of Commerce PROGRAM CONTACTS Jill Bushnell, Policy Advisor 360.725.2818 iill.bushnell@commerce.wa.gov Paul Knox, Policy Advisor 360.764.0907 Paul.knox@commerce.wa.gov Mary Baldwin, Program Coordinator 360.725.2815 mary.baldwin@commerce.wa.gov Website — www.commerce.wa.gov/about-us/boards-and-commissions/child-care-collaborative-task-force/ CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 379 9.1.b Appendix F: Acronyms and Definitions 2SHB Second Substitute House Bill B&0 Business and occupation CCFF Child Care Facility Fund CDFI Community development financial institution Child Care Regularly scheduled care for a group of children ages birth through 12 years for periods of less than 24 hours, consistent with the definition of "early learning program" in WAC 110-300-0005 Cliff Effect Sudden loss of child care subsidy due to rising income DCYF Department of Children, Youth and Families Early Learning Program Regularly scheduled care for a group of children ages birth through 12 years for periods of less than 24 hours, consistent with the definition of "early learning program" in WAC 110-300-0005 ECE Early childhood education ECEAP Early Childhood Education and Assistance Program EHB Engrossed House Bill ELFF Early Learning Facilities Fund Equivalency As defined by WAC 110-300-0005, "equivalency" when referring to staff qualifications means an individual is allowed to meet the requirements of Chapter 110-300 WAC through a DCYF-recognized alternative credential — or demonstration of competency — that indicates similar knowledge as the named credential ESHB Engrossed Substitute House Bill HB House Bill Infant A child birth through 11 months of age JLARC Joint Legislative Audit and Review Committee NSH Nonstandard hour NSH Child Care Child care provided outside the hours of 6 a.m. to 6 p.m. Monday through Friday Parent A child's primary caregiver, including but not limited to a biological parent, adoptive parent, foster parent, kinship caregiver (such as grandparent), guardian or other person authorized to act in a parental capacity Preschool -Age Child A child 30 months through six years of age not attending kindergarten or elementary school CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 380 9.1.b RCW Revised Code of Washington School -Age Child A child not less than five years of age through 12 years of age who is attending kindergarten or elementary school SHB Substitute House Bill Toddler A child 12 months through 29 months of age WAC Washington Administrative Code WaKIDS Washington Kindergarten Inventory of Developing Skills WCCC Working Connections Child Care WCRA Washington Community Reinvestment Association CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 381 9.1.b Appendix G: Bibliography Bullard, Julie and Libby Hancock. Compensation, Turnover, and Quality. Helena: Montana Public Health and Human Services, 2017. https://dphhs.mt.gov/Portals/85/hcsd/documents/ChildCare/STARSPreschool/CompensationTu rnoverandQuality.pdf. Center for the Study of Child Care Employment. Guide to Indicators: Early Childhood Workforce Index 2016. Berkeley: Center for the Study of Child Care Employment, University of California, Berkeley, 2016. https://cscce.berkeley.edu/files/2016/Index-2016-Indicator-Guide.pdf. Chaudry, Ajay, Christina Weiland, Taryn Morrissey, Sara Schnitzer, and Anna Shapiro. Washington Cradle -to -Kindergarten: Discussion of Plan Components, Cost Analysis, and Birth -to -Three Preliminary Proposals. Seattle, 2019. Child Care Aware of Washington. Advocacy. Tacoma: Child Care Aware of Washington, 2019. https://childcareawarewa.org/advocacy/. Child Care Aware of Washington. Find Quality Child Care in Your Community. Tacoma: Child Care Aware of Washington, 2019. https://childcareawarewa.org/. Clark, Sarah. Washington State Early Learning Hiring and Retention Survey. Seattle: Economic Opportunity Institute, 2018. http://www.opportunityinstitute.org/wp- content/uploads/2018/11 /2018-EOI-Compensation-Survey-Report.pdf. Dobbins, Dionne, Karen Lange, Catherine Gardey, Jen Bump, and Jacob Stewart. It's About Time: Parents Who Work Nonstandard Hours Face Child Care Challenges. Arlington, VA: Child Care Aware of America, 2019. https://usa.childcareaware.org/2019/01 /new -report -shows - nonstandard -hours -work -cause -obstacles -families -children/. Economic Policy Institute. The Cost of Child Care in Washington. Washington, DC: Economic Policy Institute, 2019. https://www.epi.org/child-care-costs-in-the-united-states/#/WA. Enchautegui, Maria E. Nonstandard Work Schedules and the Well -Being of Low -Income Families. Urban Institute, 2013. https://www.urban.org/sites/default/files/publication/32696/412877- Nonstandard-Work-Schedules-and-the-Well-being-of-Low-Income-Families.PDF. Hartley, Robert Paul, Marybeth J. Mattingly, and Christopher T. Wimer. Child Care Expenses Make Middle -Class Incomes Hard to Reach. Durham: University of New Hampshire, 2018. https://scholars.unh.edu/cgi/viewcontent.cgi?article=1344&context=carsey. Heckman, James. Invest in Early Childhood Development: Reduce Deficits, Strengthen the Economy. Chicago: The Heckman Equation, 2013. https://heckmanequation.org/resource/invest-in-early- childhood-development-reduce-deficits-strengthen-the-economy/. Hershbein, Brad and Melissa Kearney. Major Decisions: What Graduates Earn over their Lifetimes. Washington, DC: The Hamilton Project, 2014. https://www.hamiItonproject.org/papers/major_decisions_what_graduates_earn_over_their_Iifeti mes. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 382 9.1.b Johnson, Kay and Suzanne Theberge. Reducing Disparities Beginning in Early Childhood. New York: Bank Street Graduate School of Education National Center for Children in Poverty, 2007. http://www.nccp.org/publications/pub_744.html. Kelley, Sarah. 2018 Data Report: Trends, Child Care Supply, Cost of Care, & Demand for Referrals. Tacoma: Child Care Aware of Washington, 2019. https://childcareawarewa.org/wp- content/uploads/2019/03/2018-Data-Report.pdf. Malik, Rasheed, Katie Hamm, Leila Schochet, Cristina Novoa, Simon Workman, and Steven Jessen- Howard. America's Child Care Deserts in 2018. Washington, DC: Center for American Progress, 2018. https://www.americanprogress.org/issues/early- childhood/reports/2018/12/06/461643/americas-child-care-deserts-2018/. National Academies of Sciences, Engineering, and Medicine. How People Learn 11: Learners, Contexts, and Cultures. Washington, DC: The National Academies Press, 2018. https://doi.org/l 0.17226/24783. National Academies of Sciences, Engineering, and Medicine. Transforming the Financing of Early Care and Education. Washington, DC: The National Academies Press, 2018. https://doi.org/l 0.17226/24984. National Center on Immigrant Integration Policy. Washington State: Quick Stats on Young Children and Workers Providing Early Childhood Education and Care. Washington, DC: Migrant Policy Institute, 2015. https://www.migrationpolicy.org/research/immigrant-and-refugee-workers-early-childhood- field-taking-closer-look. Park, Maki, Jie Zong, and Jeanne Batalova, Growing Superdiversity among Young U.S. Dual Language Learners and Its Implications. Washington, DC: Migrant Policy Institute, 2018. https://www.migrationpolicy.org/research/growing-superdiversity-among-young-us-dual- language-learners-and-its-implications. Project Child Success. The State of Child Care in Pierce County: A Report on Cost and Availability of Child Care in Pierce County. Tacoma: Project Child Success, 2018. https://www.piercecountywa.gov/DocumentCenter/View/75821 /The -State -of -Child -Care -in - Pierce -County. Rolnick, Art and Rob Grunewald. Early Childhood Development: Economic Development with a High Return. Minneapolis: Federal Reserve of Minneapolis, 2003. https://www.minneapolisfed.org/publications/fedgazette/early-childhood-development- economic-development-with-a-high-public-return. Schmit, Stephanie and Christina Walker. Disparate Access: Head Start and CCDBG Data by Race and Ethnicity. Washington, DC: CLASP, 2016. https://www.clasp.org/sites/default/files/public/resources-and-publications/publication- 1 /Disparate-Access.pdf. Thomason, Sarah, Lea J.E. Austin, Annette Bernhardt, Laura Dresser, Ken Jacobs, and Marcy Whitebook. At the Wage Floor: Covering Homecare and Early Care and Education Workers. Berkeley: UC Berkeley Center for Labor Research and Education, UC Berkeley Center for the Study of Child Care Employment, and COWS at UW-Madison, 2018. http://Iaborcenter.berkeley.edu/at- the-wage-floor/. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 383 9.1.b Thrive Washington. Racial Equity Theory of Change. Seattle: Thrive Washington, 2013. https://thrivewa.org/work/racial-equity-2/. U.S. Bureau of Labor Statistics. Survival of Private Sector Establishments by Opening Year. Washington, DC: U.S. Bureau of Labor Statistics, 2018. https://www.bls.gov/bdm/us_age_naics_00_table7.txt. U.S. Census Bureau. 2013-2017 American Community Survey 5-Year Estimates, ACS Demographic and Housing Estimates, Washington. Washington, DC: U.S. Census Bureau, 2018. https://factfinder.census.gov/. U.S. Chamber of Commerce Foundation. Early Childhood Education. Washington, DC: U.S. Chamber of Commerce Foundation, 2019. https://www.uschamberfoundation.org/topics/early-childhood- education. U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Care, State Capacity Building Center. Culturally Sensitive Care. Fairfax: HHS, 2017. https://childcareta.acf.hhs.gov/sites/default/files/public/itrg/pitc_rationale= _culturally_sensitive_care_508_2.pdf U.S. Department of Health and Human Services. High -Quality Early Learning Settings Depend on a High - Quality Workforce: Low Compensation Undermines Quality. Fairfax: HHS, 2016. https://www.acf.hhs.gov/ecd/high-quality-early-learning-settings-depend-on-a-high-quality- workforce. Washington State Department of Children, Youth, and Families. Early Start Act Report 2018. Olympia: DCYF, 2018. https://www.dcyf.wa.gov/sites/default/files/pdf/reports/2018_Early_Start_Act_Report. pdf. Washington State Department of Children, Youth, and Families. Equivalency Workgroup Recommendations Report. Olympia: DCYF, 2019. https://www.dcyf.wa.gov/sites/default/files/pdf/Equivalency_Workgroup_Recommendations_Re port.pdf. Washington State Department of Commerce. Mounting Costs of Child Care: Impacts of Child Care Affordability and Access to Washington's Employers and Economy. Olympia: Department of Commerce, 2019. Washington State Office of Financial Management. Estimates of April 1 Population byAge, Sex, Race, and Hispanic Origin, State Data Tables 2010-2018. Olympia: OFM, 2019. https://www.ofm.wa.gov/washington-data-research/population-demographics/population- estimates/estimates-april-1-population-age-sex-race-and-hispanic-origin. Washington State Office of the Superintendent of Public Instruction. Washington State Report Card: State Total. Olympia: OSPI, 2019. https://washingtonstatereportcard.ospi.kl 2.wa.us/ReportCard/ViewSchoolOrDistrict/103300. Whitebook, Marcy, Caitlin McLean, and Lea J.E. Austin. Early Childhood Workforce Index 2016: Washington State Profile. Berkeley: Center for the Study of Child Care Employment, University of California, Berkeley, 2016. https://cscce.berkeley.edu/files/2016/Index-2016-Washington.pdf. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 384 9.1.b Whitebook, Marcy, Caitlin McLean, Lea J.E. Austin, and Bethany Edwards. Early Childhood Workforce Index 2018. Berkeley: Center for the Study of Child Care Employment, University of California, Berkeley, 2018. https://cscce.berkeley.edu/early-childhood-workforce-2018-index/. Wood, Natalie, Sarah Prendergast, Lindsey Vigoda, and Rich Jones. A Look Past the Cliff. Denver: The Bell Policy Center, 2018. http://www.bellpolicy.org/2018/03/29/colorado-cliff-effect-pilot- program/. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 385 Appendix H: End Notes 1 U.S. Census Bureau, 2013-2017American Community Survey 5-Year Estimates, ACS Demographic and Housing Estimates, Washington (Washington, DC: U.S. Census Bureau, 2018). https://factfinder.census.gov/. 2 Sarah Kelley, 2018 Data Report: Trends, Child Care Supply, Cost of Care, & Demand for Referrals (Tacoma: Child Care Aware of Washington, 2019), https://childcareawarewa.org/wp-content/uploads/2019/03/2018-Data- Report.pdf. 3 Washington State Department of Commerce, Mounting Costs of Child Care: Impacts of Child Care Affordability and Access to Washington's Employers and Economy (Olympia: Department of Commerce, 2019). 4 Ibid. 5 Washington State Office of Financial Management, Estimates of April 1 Population by Age, Sex, Race, and Hispanic Origin, State Data Tables 2010-2018 (Olympia: OFM, 2019), https://www.ofm.wa.gov/washington-data- research/population-demographics/population-estimates/estimates-april-1-population-age-sex-race-and- hispanic-origin. 6 Child Care Aware of Washington, Advocacy (Tacoma: Child Care Aware of Washington, 2019), https://childcareawarewa.org/advocacy/. 7 National Academies of Sciences, Engineering, and Medicine, Transforming the Financing of Early Care and Education (Washington, DC: The National Academies Press, 2018. https://doi.org/l0.17226/24984. 8 Sarah Clark, Washington State Early Learning Hiring and Retention Survey (Seattle, WA: Economic Opportunity Institute, 2018), http://www.opportunityinstitute.org/wp-content/uploads/2018/11/2018-EO1-Compensation- Survey-Report.pdf. 9 Brad Hershbein and Melissa Kearney, Major Decisions: What Graduates Earn over Their Lifetimes (Washington, DC: The Hamilton Project, 2014), https://www.hamiItonproject.org/papers/major_decisions_what_graduates_earn_over_their_Iifetimes. 10 U.S. Department of Health and Human Services, High -Quality Early Learning Settings Depend on a High -Quality Workforce: Low Compensation Undermines Quality (Fairfax: HHS, 2016), https://www.acf.hhs.gov/ecd/high- quality-early-learning-settings-depend-on-a-high-quality-workforce. 11 Julie Bullard and Libby Hancock, Compensation, Turnover, and Quality (Helena, MT: Montana Public Health and Human Services, 2017), https://dphhs.mt.gov/Portals/85/hcsd/documents/ChiIdCare/STARSPreschool/CompensationTurnoverandQualit y.pdf. 12 Ibid. 13 Clark, Washington State Early Learning Hiring and Retention. 14 Sarah Thomason, Lea J.E. Austin, Annette Bernhardt, Laura Dresser, Ken Jacobs, and Marcy Whitebook, At the Wage Floor. Covering Homecare and Early Care and Education Workers (Berkeley, CA: UC Berkeley Center for Labor Research and Education, UC Berkeley Center for the Study of Child Care Employment, and COWS at UW-Madison, 2018), http://Iaborcenter.berkeley.edu/at-the-wage-floor/. 15 Ibid. 16 Clark, Washington State Early Learning Hiring and Retention. 17 Whitebook, McLean, Austin, and Edwards, Early Childhood Workforce Index 2018. 18 Guide to Indicators: Early Childhood Workforce Index 2016 (Berkeley: Center for the Study of Child Care Employment, University of California, Berkeley, 2016), htips://cscce.berkeley.edu/files/2016/Index-2016-indicator- Guide.pdf. 19 Marcy Whitebook, Caitlin McLean, and Lea J.E. Austin, Early Childhood Workforce Index 2016: Washington State Profile (Berkeley: Center for the Study of Child Care Employment, University of California, Berkeley, 2016), https://cscce.berkeley.edu/files/2016/Index-2016-Washington.pdf. 20 Ibid. 21 Whitebook, McLean, Austin, and Edwards, Early Childhood Workforce Index 2018. 22 Hershbein and Kearney, Major Decisions: What Graduates Earn over Their Lifetimes. 21 Washington State Department of Children, Youth, and Families, Equivalency Workgroup Recommendations Report (Olympia, WA: DCYF, 2019), https://www.dcyf.wa.gov/sites/default/files/pdf/Equivalency_Workgroup_Recommendations_Report.pdf. 24 Washington State Department of Commerce, Mounting Costs of Child Care. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 56 Packet Pg. 386 25 Ibid. 26 Art Rolnick and Rob Grunewald, Early Childhood Development: Economic Development with a High Return (Minneapolis: Federal Reserve of Minneapolis, 2003), https://www.minneapolisfed.org/publications/fedgazette/early-childhood-development-economic-development- with-a-high-public-return. 27 James Heckman, Invest in Early Childhood Development: Reduce Deficits, Strengthen the Economy (Chicago: The Heckman Equation, 2013), https://heckmanequation.org/resource/invest-in-early-childhood-development- reduce-deficits-strengthen-the-economy/. 28 U.S. Chamber of Commerce Foundation, Early Childhood Education (Washington, DC: U.S. Chamber of Commerce Foundation, 2019), https://www.uschamberfoundation.org/topics/early-childhood-education. 29 Economic Policy Institute, The Cost of Child Care in Washington (Washington, DC: Economic Policy Institute, 2019), https://www.epi.org/child-care-costs-in-the-united-states/#/WA. 30 Washington State Office of the Superintendent of Public Instruction, Washington State Report Card: State Total (Olympia: OSPI, 2019), https://washingtonstatereportcard.ospi.kl 2.wa.us/ReportCard/ViewSchoolOrDistrict/103300. 31 Stephanie Schmit and Christina Walker, Disparate Access: Head Start and CCDBG Data by Race and Ethnicity (Washington, DC: CLASP, 2016), https://www. clasp.org/sites/default/files/public/resources-and- publications/publication-1 /Disparate-Access.pdf. 32 Kay Johnson and Suzanne Theberge, Reducing Disparities Beginning in Early Childhood (New York: Bank Street Graduate School of Education National Center for Children in Poverty, 2007), http://www.nccp.org/publications/pub_744.html. 33 Thrive Washington, Racial Equity Theory of Change (Seattle, WA: Thrive Washington, 2013), https://thrivewa.org/work/racial-equity-2/. 34 Rasheed Malik, Katie Hamm, Leila Schochet, Cristina Novoa, Simon Workman, and Steven Jessen-Howard, America's Child Care Deserts in 2018 (Washington, DC: Center for American Progress, 2018), https://www.americanprogress.org/issues/early-childhood/reports/2018/12/06/461643/americas-child-care- deserts-2018/. 35 Project Child Success, The State of Child Care in Pierce County: A Report on Cost and Availability of Child Care in Pierce County (Tacoma: Project Child Success, 2018), https://www.piercecountywa.gov/DocumentCenter/View/75821 /The -State -of -Child -Care -in -Pierce -County. 36 Natalie Wood, Sarah Prendergast, Lindsey Vigoda, and Rich Jones, A Look Past the Cliff (Denver: The Bell Policy Center, 2018), http://www.belIpolicy.org/2018/03/29/colorado-cliff-effect-pilot-program/. 37 Ajay Chaudry, Christina Weiland, Taryn Morrissey, Sara Schnitzer, and Anna Shapiro, Washington Cradle -to - Kindergarten: Discussion of Plan Components, Cost Analysis, and Birth -to -Three Preliminary Proposals (Seattle, 2019). 38 Robert Paul Hartley, Marybeth J. Mattingly, and Christopher T. Wimer, Child Care Expenses Make Middle -Class Incomes Hard to Reach (Durham, NH: University of New Hampshire, 2018), https://scholars.unh.edu/cgi/viewcontent.cgi?article=1344&context=carsey. 39 Thomason, Austin, Bernhardt, Dresser, Jacobs, and Whitebook, At the Wage Floor: Covering Homecare and Early Care and Education Workers. 40 National Academies of Sciences, Engineering, and Medicine, Transforming the Financing of Early Care and Education. 41 National Academies of Sciences, Engineering, and Medicine, How People Learn II: Learners, Contexts, and Cultures (Washington, DC: The National Academies Press, 2018), https://www.nap.edu/catalog/24783/how- people-learn-ii-learners-contexts-and-cultures. https://doi.org/l0.17226/24783. 42 U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Care, State Capacity Building Center, Culturally Sensitive Care (Fairfax: HHS, 2017), https://childcareta.acf.hhs.gov/sites/default/files/public/itrg/pitc_rationale- _culturally_sensitive_care_508_2.pdf 43 Maria E. Enchautegui, Nonstandard Work Schedules and the Well -Being of Low -Income Families (Urban Institute, 2013), https://www.urban.org/sites/default/files/publication/32696/412877-Nonstandard-Work-Schedules-and- the-Well-being-of-Low-Income-Families.PDF. 44 Washington State Department of Children, Youth, and Families, Early Start Act Report 2018 (Olympia: DCYF, 2018), https://www.dcyf.wa.gov/sites/default/files/pdf/reports/2018_Early_Start—Act_Report.pdf. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 57 Packet Pg. 387 9.1.b 45 Dionne Dobbins, Karen Lange, Catherine Gardey, Jen Bump, and Jacob Stewart, It's About Time: Parents Who Work Nonstandard Hours Face Child Care Challenges (Arlington, VA: Child Care Aware of America, 2019), https://usa.childcareaware.org/2019/01 /new-report-shows-nonstand ard-hours-work-cause-obstacles-families- children/. 46 Washington State Department of Commerce, Mounting Costs of Child Care. 47 Maki Park, Jie Zong, and Jeanne Batalova, Growing Superdiversity among Young U.S. Dual Language Learners and Its Implications, (Washington, DC: Migrant Policy Institute, 2018), https://www.migrationpolicy.org/research/growing-superdiversity-among-young-us-dual-language-learners-and- its-implications. 48 National Center on Immigrant Integration Policy, Washington State: Quick Stats on Young Children and Workers Providing Early Childhood Education and Care (Washington, DC: Migrant Policy Institute, 2015), https://www.migrationpolicy.org/research/immigrant-and-refugee-workers-early-childhood-field-taking-closer- look. 49 Child Care Aware of Washington, Find Quality Child Care in Your Community (Tacoma: Child Care Aware of Washington, 2019), https://childcareawarewa.org/. CHILD CARE COLLABORATIVE TASK FORCE RECOMMENDATIONS — NOVEMBER 2019 Packet Pg. 388 9.2 City Council Agenda Item Meeting Date: 07/5/2022 City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History The cities of Lynnwood and Edmonds and Edmonds School District have an Interlocal Agreement (ILA) for Meadowdale Park for shared cost of capital improvements, renovations and ongoing maintenance. The ILA states "The District and Cities agree to jointly plan for additional capital expenditures for maintenance and replacement costs for the Playfields." (Attachment #1) This year the City of Lynnwood is replacing the existing playground and upgrading to a fully inclusive level of the play structure with an estimated cost of $507,077. The playground design and cost estimate is found in Attachment #2. With a $10,000 grant from Snohomish County the City of Lynnwood is requesting to split the balance of $497,077 between the two cities. This would result in the City of Edmonds contributing $248,538 in support of the inclusive playground replacement. During the 2022 Parks, Recreation & Open Space Plan (PROS) development, the City requested a list of potential major capital projects and cost estimates related to the Meadowdale Playfields. In January this year, Lynnwood identified the playground replacement and related ADA parking space and pathway project with a total cost estimate of $200,000 (Edmonds share to be $100,000) along with other maintenance and operating projects totaling a 2022 request of $157,750. In addition, the City of Edmonds requested the installation of softball field dugout roofs ($40,000/pair for materials). As a result, $200,000 was allocated in the approved PROS Plan Capital Plan for planning purposes. In April, Lynnwood informed the City the project was upgraded to an inclusive level and, as a result, there would be additional costs. In May, the current cost estimate of $507,077 was shared with Edmonds. This request was brought forward during the June 14, 2022 Parks & Public Works Council Committee who recommended this topic come before the full Council as an agenda item for discussion. The current adopted 2022 Parks Capital budget does not have a specific allocation for this funding. The City parks does have ongoing 2022 capital projects including the Civic Center Playfield. However, there are some sources of revenue that could be used to support this expenditure. These include - Existing Proiect Sources Yost Pool Replaster Project Savings $ 94,500 Greenhouse Replacement Reallocation* $ 50,000 (Goffette donation can cover this expenditure) Civic Park Stormwater Mitigation Project* 104,038 (if ARPA funding is allocated to cover this expenditure) Funding Total $ 248,538 Packet Pg. 389 9.2 *If the Council chooses not to cover the $104,038 balance with this proposed allocation, then the funding would need to come from another source outside of the Parks Capital program such as the General Fund. Staff Recommendation Staff's recommendation is for the City Council to determine the funding allocation amount and sources in response to the City of Lynnwood request to support the 2022 Meadowdale Playfields playground replacement project. Attachments: Meadowdale Playfield Playground Design and Cost Estimate Executed 2017 Meadowdale Playfields Interlocal Agreement Packet Pg. 390 Proposal for 9.2.a City of Lynnwood Prepared by AAQ�6, GREAT WESTERN R E C R E A T I O N 05-12-2022 Job # 105669-01 Meadowdale Playfield Playground Option 3 Ak F mmigh Im GameTime- r LAYCORE --.11 435-901-9544 1 www.gwpark.com Packet Pg. 391 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA M G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com R E c i Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 400pip-.44iso A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com AOL G R E A _ R E C I Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 4. Si sort A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com Jg&hhJh' I G R E A _ R E C I Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 21 too n _ A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com I r� 1� G R E A R E C I 9.2.a 4- 0 r 9 Packet Pg. 396 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA r , s... r t F. n [ - k i A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com Jg&hhJh' I G R E A _ R E C Meadowdale Playfield Playground- Project 105669-01-Opt 3 G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Quinn@gwpark.com R E c i Project: 105669-01-Opt 3 Surfacing: 50-50 P I P PRIMARY PALETTES QAllegiance Gum Drop O Metal Jovial B°tter °°t°h E. Metal HDPE Butterscotch W.Dolphin _ Gray Patriot O Vi Al -I PALETTE COLOR SELECTIONS Approved by:_ NATURAL PALETTES CONTEMPORARY PALETTES ® ® Arctic ®G Avalon �IIIIII �1I , Uprights Metal HDPE �- White Dolphin White Champagne - - Bayou O - Gray Deep Space OJungle OSanta Elena Uprights Champagne Malibu O Spring Bloom 0 OEmerald OPassion Fruit Uprights Whit, 9.2.a Honeysucldeo Metal D • Ill Champagne - Whimsy O 0 a� J O U 9.2.a M n t os'-7" Area: Swing Pit \ SF: 3336 LF: 255 L— r Sales Representative Quinn Connell quinn@gwpark.com 435-901-9544 This Unit indu play events and IMPORTANT: Softresilient surfacing DrawnB "Total Elevatetl Play Col ponents 12 Ere-end.ed. Minimum Area Required. Y n— Meadowdale Playfield route.ortr specificallydesigned shouldbeplacedintheusezonesofall MM 9 0 0 pla FOUnd a rsp al he me users. It is the Total Elevatetl Play Col Panama Accessible By Ramp 9 Required 6 - equipment, as specified for each type of • oars— Y9 0 an of the manufacturer [hat $cal¢: - equipment, and at depths to meet the Date: Lynnwood, WA ass pla Is and routes of Total Elevated Comport rite Accessible By Transfer - Required - cal fall hei hts a fied b the U.S. y even 9 s speci y 150 PlayCore Drive SE Re tativetravel conform to the accessibility Total Accessible Groun Level Components Shown 16 Required 4 consumer Product Safety Commission, Fort Pa AL 35967 presen yne• Great Western Recreation qtypGround Level Components 8 Required 3an 18'x 24"formal 105669-01-0 t3 WWW.gametlm¢.COm }`RriR' th Disabilities Act) Standard CAN/CSA-Z-614 P / U Packet Pg. 400 GameTime C/O Great Western Recreation ff P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 CORE www.gwpark.com Meadowdale Playfield Playground Option 3 City of Lynnwood Attn: Eric Peterson 20522 60th Ave W Lynnwood, WA 98036 Phone: 425-670-5595 epeterson@lynnwoodwa.org 05/ Quote # 105669-01-03 Ship to Zip 98037 Playground Equipment 1 RDU GameTime - Custom 5-12 Inclusive Play Structure- $109,762.00 $73,832.43 $73,832.43 'Reference Drawing 105669-01-Opt 3 1 6263 GameTime - Inclusive Whirl - Natural $13,999.00 $13,579.03 $13,579.03 1 14928 GameTime - NDS Inclusive Play Sign Package 1 5179 GameTime - Welcome Sign (5-12) $561.00 $493.68 $493.68 Swing Equipment 1 5056 GameTime -Arch Swing $7,296.00 $6,128.64 $6,128.64 1 5151 GameTime - Pt Solo Swing Frame 3 1/2" X 8' $1,365.00 $1,324.05 $1,324.05 1 8537 GameTime - Adaptive Swing W/Chain $419.00 $368.72 $368.72 1 8696 GameTime - Encl Seat 3 1/2"(8696) $359.00 $301.56 $301.56 2 8910 GameTime - Belt Seat 3 1/2"Od(8910) $288.00 $241.92 $483.84 1 5158 GameTime - Express Swing W/Todd Seat 3 1/2"X8' $1,783.00 $1,497.72 $1,497.72 1 17247 GameTime - Adaptive Swing Safety Belt $155.00 $130.20 $130.20 2 18826 GameTime - Primetime Swing 3 1/2" X 8' $1,416.00 $1,373.52 $2,747.04 6630 PIP GT-Impax - 6630 SF Provide and Install of PIP- $33.12 $27.16 $180,070.80 6630 Total Sq Ft, 8' CFH Includes 50/50 std epdm and black - tbd Includes TTA pads at 3 swing inserts 4x8, 1 swing insert 4x4, 3 slide inserts 4x4 Aromatic Binder, Prevailing Wages 1 SECURITY GT-Impax - Site Security- $3,902.00 $3,902.00 $3,902.00 Prevailing Wages 1 INSTALL Install - Receive and Unload Equipment- $2,880.00 $2,880.00 $2,880.00 Prevailing Wages 1 INSTALL Install - Remove and Dispose of Existing Equipment, Concrete Footers- $6,910.00 $6,910.00 $6,910.00 Prevailing Wages 1 INSTALL Install - Installation of Equipment- $93,955.00 $93,955.00 $93,955.00 Prevailing Wages 1 INSTALL Install - Excavate and Dispose of Dirt, Import and Compact Rock, Install 115 ft of 6 ft $14,970.00 $14,970.00 $14,970.00 Wide Concrete Path - Prevailing Wages 1 INSTALL Install - Prep 4 Inches Subbase for Playground and Swing Pits- $4,030.00 $4,030.00 $4,030.00 Prevailing Wages 1 INSTALL Install-Dumpster for Trash- $1,155.00 $1,155.00 $1,155.00 Prevailing Wages Page 1 of 5 OMNIA c� Q P A R T Packet Pg. 401 GameTime C/O Great Western Recreation ff P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 CORE www.gwpark.com Meadowdale Playfield Playground Option 3 05/ Quote # 105669-01-03 1 INSTALL Install - Excavate and Dispose of Dirt and Sod for Swing Pit 255 LF- $9,215.00 $9,215.00 $9,215.00 Prevailing Wages 1 INSTALL Install - Pour 12 Inch Concrete Border for Swing Pit- $12,670.00 $12,670.00 $12,670.00 Prevailing Wages Contract: OMNIA #2017001134 Sub Total $430,644.71 Material Surcharge $19,833.60 Freight $8,000.00 Tax $48,598.70 Comments Your Sales Rep is Quinn Connell. Please reach out to Quinn at 435-901-9544 if you should have any questions regarding this quote. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. —Material Surcharge reflects raw material price increase — Shipping to Site Address: 16700 66th Ave W Lynnwood, WA 98037 *Freight charges are based on listed zip code and are subject to change if shipping information changes. Customer is responsible for offloading. Prevailing Wages OMNIA # 5157328 Page 2 of 5 OMNIA c� Q P A R T Packet Pg. 402 CsamleTlme�' ,, '--�I1\ CORE ca pamy GameTime C/O Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Office:435-245-5055 Fax:435-245-5057 www.gwpark.com Meadowdale Playfield Playground Option 3 Remit Payment to: GameTime P.O. Box 680121 Fort Payne, AL 35968 Taxes: All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided. If sales tax exempt, you must provide a copy of certificate to be considered exempt. Prices: FOB Factory. 05/ Quote # 105669-01-03 Orders: All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime. Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed. Equipment, Taxes & Freight as noted above Installation and Surfacing billed as completed and Due Upon Receipt. Terms: Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount. Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees. Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require: Completed Project Information Sheet (if applicable) Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices. Retainage not accepted. Orders under $5,000 require payment with order. INSTALLATION CONDITIONS: • ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. OMNIA c� Q Page 3 of 5 P A R T Packet Pg. 403 GameTime C/O Great Western Recreation ff P.O. Box Fort Paynee,, AL AL 35967 Office:435-245-5055 Fax:435-245-5057 CORE www.gwpark.com Meadowdale Playfield Playground Option 3 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Telephone: P.O. Number: Purchase Amount: $507,077.01 Title: Fax: Date: SALES TAX EXEMPTION CERTIFICATE #: FEIN# (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature DIR Project # (California only) Page 4 of 5 05/ Quote # 105669-01-03 OMNIA c� Q P A R T Packet Pg. 404 GameTime C/O Great Western Recreation ff P.O. Box Fort Paynee,, AL AL 35967 Office:435-245-5055 Fax:435-245-5057 CORE www.gwpark.com Meadowdale Playfield Playground Option 3 Customer Order Info: BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE): Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: Page 5 of 5 05/ Quote # 105669-01-03 OMNIA c� Q P A R T Packet Pg. 405 9.2.b I INTERLOCAL AGREEMENT 2 BETWEEN 3 EDMONDS SCHOOL DISTRICT and THE CITY OF EDMONDS 4 and THE CITY OF LYNNWOOD for the 5 MEADOWDALE PLAYFIELDS REDEVELOPMENT PROJECT 6 7 THIS INTERLOCAL AGREEMENT ("Agreement"), dated as of 5" JO , 2017, 8 is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15 9 ("District") and THE CITY OF EDMONDS ("Edmonds") and THE CITY OF LYNNWOOD 10 ("Lynnwood") for the redevelopment project of the Meadowdale Athletic Complex and 11 Playfields ("Playfields"). 12 13 RECITALS 14 15 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local 16 government units to make the most efficient use of their powers by enabling them to cooperate 17 with other government entities on the basis of mutual advantage and thereby to provide services 18 and facilities in a manner pursuant to forms of governmental organizations that will accord best 19 with geographic, economic population, and other factors influencing the needs and development 20 of local communities; and 21 22 WHEREAS, each of the signatories hereto is a public agency as defined by RCW 23 Chapter 39.34; and 24 WHEREAS, the District owns real property used for school purposes which includes a 25 number of Playfields (referred to as the Meadowdale Playfields or the Playfields) and which is 26 located within the City of Lynnwood at 16700 66th Avenue West, legally described in Exhibit 27 A, attached hereto (the Real Property); and 28 WHEREAS, the District is responsible for the public education of the students in the 29 community, including physical education and athletic activities related to the educational program; 30 and 31 32 WHEREAS, the cities of Edmonds and Lynnwood (collectively referred to as the Cities) 33 have established departments in part for carrying out the purpose of developing and maintaining 34 community athletic and recreation programs; and 35 36 WHEREAS, the District and the Cities are mutually interested in supporting programs for 37 the community in the areas of athletics, recreation and education; and 38 39 WHEREAS, the Cities and the District have recognized for many years that through 40 cooperation, these publicly -owned athletic fields and facilities can be used to meet broader 2017 Meadowdale Playfields Development Agreement Page 1 Packet Pg. 406 9.2.b 41 community needs for education, recreation and athletic activities than any of the parties can 42 provide separately; and 43 44 WHEREAS, the Cities and the District jointly developed the Meadowdale Playfields in 45 1985 for school, educational, and community use; and 46 47 WHEREAS, the Cities and the District maintain an interlocal agreement which authorizes 48 Edmonds and Lynnwood to jointly operate, maintain, and schedule use of the Playfields and which 49 has a term through June 5, 2025, copy attached hereto as Exhibit B (the 1985 ILA); and 50 51 WHEREAS, Lynnwood and the District entered into an interlocal agreement which 52 extends Lynnwood's use rights and obligations under the 1985 ILA to operate, maintain, and 53 schedule use of the Playfields until 2065, copy attached hereto as Exhibit C; and 54 55 WHEREAS, the Cities and the District intend to review the 1985 ILA regarding the 56 scheduling, maintenance, fees, and facility rules and restrictions at the Playfields; and 57 58 WHEREAS, the Cities and the District with additional grantors are participating to share 59 the cost of redevelopment of the Playfields as outlined in this Agreement; 60 61 NOW, THEREFORE, the District, Edmonds and Lynnwood hereby agree as 62 follows: 63 1. The purpose of this Agreement is to define the rights and responsibilities of 64 the District, Edmonds and Lynnwood with regard to design, construction, and funding for 65 the project, which includes the redevelopment of two (2) multipurpose fields, three (3) 66 softball fields, backstops, perimeter fencing, and walking pathways (depicted in Exhibit D, 67 attached hereto) of the Playfields for continued use by the parties for education and 68 recreation purposes (the "Project"). All improvements will meet or exceed the 2010 69 American with Disabilities Act requirements. 70 71 2. The District owns the Real Property that is the subject of this Agreement. This 72 Agreement does not contemplate the transfer of ownership of the Real Property, nor to limit 73 the District's ability to comply with its statutory obligations regarding the use and 74 disposition of school property pursuant to RCW 28A.335. By operation of this Agreement, 75 Edmonds and Lynnwood do not acquire any ownership interest in and disclaim any interest 76 to the Playfields and the Real Property, which are and will remain the District's property. 77 78 3. The District agrees to make the Playfields on the Real Property available for 79 redevelopment by the parties and agrees that the athletic fields and facilities comprising the 80 Playfields are intended primarily for school and educational purposes and are for the benefit of 81 students and the school age population that reside within the District. 82 83 4. The District, Edmonds and Lynnwood recognize that the entirety of the 84 Playfields site has a 6f boundary designated by the National Park Service dedicating it to 85 recreational use, as depicted on Exhibit E, and any existing or future non -recreational uses 86 such as the installation of cell towers and antennas must be mitigated to properly convert 2017 Meadowdale Playfields Development Agreement Page 2 Packet Pg. 407 9.2.b 87 the use by approval of the Washington State Recreation and Conservation Office. 88 89 5. The Cities and District agree to work closely with the surrounding community 90 in the design and approval of Project development. 91 92 6. Lynnwood will serve as the project manager for design and as the 93 construction agent for the Project, for the purpose of initially incurring all expenses for all 94 elements of the construction of the joint facility, including but not limited to architect and 95 engineering fees, site development/construction fees, processing change orders, if any, 96 Washington State sales tax, and securing permits. The Project shall be constructed and 97 performed in accordance with all state and local laws, regulations, policies and standards. All 98 construction contracts shall be procured through a formal competitive bidding process consistent 99 with applicable State law. 100 101 7. The Cities and District agree that no award of a construction contract for the 102 Project will be authorized until such time as all of the parties have approved the final plans, 103 specifications and cost estimates for the Project. The District shall have final approval of 104 the Project design including materials to be used in construction. The District expressly 105 disclaims any representation or warranty that such design, plans, and specifications are 106 suited for the uses and purposes intended by the Cities. The construction contract for the 107 Project shall include reasonable warranties from the persons or entities providing labor, 108 goods or professional services to complete the Project construction. 109 110 8. Upon completion of construction of the Project, the District agrees to 111 continue to make available the Playfields to Lynnwood and Edmonds to schedule, maintain 112 and use in accordance with the 1985 ILA, attached as Exhibit B, the extension agreement 113 attached as Exhibit C, or any subsequent agreement. 114 115 9. The District and Cities agree to jointly plan for additional capital expenditures 116 for maintenance and replacement costs for the Playfields. 117 118 10. Lynnwood will form a collaborative partnership with the District, Edmonds, 119 Snohomish County, Snohomish County Tourism Promotion Area, and the State of 120 Washington Recreation and Conservation Office to fund the redevelopment of the Playfields 121 for educational, recreational, and community athletic use. 122 123 11. The District agrees to contribute capital funds in the amount of One Million 124 Dollars and zero cents ($1,000,000.00) towards the redevelopment of the two (2) 125 multipurpose fields and related perimeter backstops, safety netting and fencing, walkways 126 and ADA improvements. Payment will be made to Lynnwood as provided in Paragraph 17 127 below. 128 129 12. Edmonds agrees to contribute capital funds in the amount of Five Hundred 130 Thousand Dollars and zero cents ($500,000.00) towards the redevelopment of perimeter 131 backstops, safety netting and fencing, walkways and ADA improvements of the two (2) 132 multipurpose and three (3) softball fields, except as stated in Paragraph 15 below. Payment 133 will be made to Lynnwood on a reimbursement basis as provided in Paragraph 17 below. 134 2017 Meadowdale Playfields Development Agreement Page 3 Packet Pg. 408 9.2.b 135 13. Lynnwood agrees to contribute capital funds in an amount up to Two Million 136 Five Hundred Ninety -Seven Thousand One Hundred Fifty -Five Dollars and zero cents 137 ($2,597,155.00) towards any expenses related to the Project, except as stated in Paragraph 138 15 and 16 below. 139 140 14. Lynnwood agrees to contract, bill for reimbursements, and properly account 141 for additional Project grant funding from the State of Washington Recreation and 142 Conservation Office contribution of capital funds in the amount of $750,000, Snohomish 143 County contribution of capital funds in the amount of $200,000, and Snohomish County 144 Tourism Promotion Area contribution of funds in the amount of $100,000. No such contract 145 or other grant funding approval may impose any restriction on the Real Property without 146 the District's review, consent, and written approval. 147 148 15. The parties acknowledge that (1) the bid package for the construction of the 149 Project will include a base bid option that includes use of SBR infill material, and two 150 alternate bid options that include use of other infill material, (2) each of the Cities will have 151 an opportunity to review bids and to recommend a bid option for the Project to the District, 152 and (3) in accordance with Paragraph 7 above, the District has the authority to consider the 153 bids and recommendations of the Cities and to approve the Project's final design. If a bid 154 option that includes use of non-SBR infill material is selected, then each party that 155 recommended (in the case of the Cities) or approved (in the case of the District) such non- 156 SBR bid option shall be responsible, jointly or severally, to pay the difference between the 157 bid amount for the SBR infill material and the bid amount for the other infill material in the 158 selected bid. 159 160 16. In the event that the total cost of the Project exceeds the District's contribution 161 amount under Paragraph 11, Edmonds' contribution amount under Paragraph 12 and this 162 Paragraph 15, Lynnwood's contribution amount under Paragraph 13 above, and the grant 163 funding described in Paragraph 14, Lynnwood shall recommend value -engineering 164 solutions to mitigate the excess costs, and submit the recommendations to the District and 165 Edmonds for their respective approvals, which approvals shall not be unreasonably 166 withheld. If the value -engineering solutions do not completely mitigate any excess costs, 167 Lynnwood shall be responsible for negotiating with the District and Edmonds an addendum 168 to the Agreement for the provision of additional funds from the parties that will cover the 169 excess costs. In the event that the total cost of the Project is less than the District's 170 contribution amount under Paragraph 11, Edmonds' contribution amount under Paragraph 171 12 and Paragraph 15, Lynnwood's "up to" contribution amount of $2,597,155.00 under 172 Paragraph 13, and the grant funding described in Paragraph 14, Lynnwood shall receive the 173 benefit and shall pay less than the full $2,597,155.00 stated in Paragraph 13. 174 175 17. Lynnwood will bill the District and Edmonds for their shares of the Project 176 costs under this Agreement as follows: 177 178 17.1 Upon the award of the contract for the construction of the Project, 179 Lynnwood shall invoice the District for $500,000.00, and upon fifty percent (50%) 180 completion of the construction of the Project, Lynnwood shall invoice the District for the 181 remaining $500,000.00 owed by the District; and 182 2017 Meadowdale Playfields Development Agreement Page 4 Packet Pg. 409 9.2.b 183 17.2 Upon completion of the construction of the Project, Lynnwood shall invoice 184 Edmonds for $500,000.00 or such other amount as is due from Edmonds under Paragraph 185 15 above. 186 187 The District and Edmonds shall pay the invoiced amounts to Lynnwood within thirty (30) 188 days of the date of the respective invoices to each entity. Any undisputed amount not paid 189 by the date due shall bear interest at the rate of one percent (1 %) per month. 190 191 18. If the Cities' and District's representatives are unable to come to an 192 agreement in the administration of this Agreement and/or any dispute involving this 193 Agreement, including payment of assessments, the matter shall be referred to the Cities' 194 Mayors and the District's Superintendent for resolution within thirty (30) days' notice from 195 the Contract Administrator of the existence of a dispute. Should agreement not be reached 196 among the Mayors and the Superintendent within sixty (60) days' notice from the Contract 197 Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon 198 private arbitrator for binding resolution. In the event the parties cannot agree on an 199 arbitrator, one may be appointed by the presiding Judge of the Snohomish County Superior 200 Court, with costs of arbitration borne equally. The prevailing party shall be entitled to 201 recover reasonable attorneys' fees and costs related to said arbitration. 202 203 19. The term of this Agreement shall commence upon filing with the County 204 Auditor or upon listing the Agreement by subject on the District's web site or other 205 electronically retrievable public source in accordance with RCW 39.34.040 following 206 mutual execution (the "Effective Date") and shall expire upon Project close-out or when the 207 parties have completed all obligations under this Agreement, whichever occurs last. 208 209 20. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 210 hereby appoint the District's Executive Director of Business and Operations as the 211 "Administrator", who will be responsible for administering the District's responsibilities 212 under this Agreement and shall take such action as is necessary to ensure this Agreement is 213 implemented in accordance with its terms. 214 215 21. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 216 hereby appoint the City of Lynnwood's Parks, Recreation & Cultural Arts Director as the 217 "Administrator", who will be responsible for administering Lynnwood's responsibilities 218 under this Agreement and shall take such action as is necessary to ensure this Agreement is 219 implemented in accordance with its terms. 220 221 22. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 222 hereby appoint the City of Edmond's Parks, Recreation, and Cultural Services Director as 223 the "Administrator", who will be responsible for administering Edmonds' responsibilities 224 under this Agreement and shall take such action as is necessary to ensure this Agreement is 225 implemented in accordance with its terms. 226 227 23. This Agreement does not create a separate legal or administrative entity, and 228 consequently is being administered in accordance with RCW 39.34.030(4). 229 230 24. The parties shall maintain records necessary to carry out the purposes of this 2017 Meadowdale Playfields Development Agreement Page 5 Packet Pg. 410 9.2.b 231 Agreement in accordance with generally accepted accounting principles. Such records shall be 232 available during normal working hours for the review of the respective parties, their accounting 233 representatives or the State Auditor. 234 235 25. Lynnwood, Edmonds, and the District each respectively agree to indemnify, 236 defend, and hold harmless each of the other parties from any claims, lawsuits, costs, and 237 judgments arising as a result of their respective negligent or otherwise wrongful acts or 238 omissions, or the acts or omissions of their respective agents, employees, contractors, or 239 officials, in any way related to the Project funding, design, construction, and material selection 240 under this Agreement. The indemnification obligations of the parties are several, and not joint, 241 as to their respective negligence or breach of this Agreement. 242 243 26. This Agreement and all questions concerning the capacity of the parties, 244 execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, 245 construed and enforced in all respects in accordance with the laws of the State of 246 Washington. This Agreement has been negotiated and drafted by all parties and is not to be 247 construed in favor of any party. 248 249 27. Except as provided in the 1985 ILA, as amended, this Agreement represents the 250 entire agreement between the District and the Cities with respect to the Project. This Agreement 251 shall not be amended except in writing mutually agreed to and executed by the Cities and the 252 District. To the extent of any conflict between the terms and conditions of this Agreement and the 253 1985 ILA, this Agreement shall govern and control the rights and obligations of the parties with 254 respect to the Project. 255 256 28. Nothing herein shall be interpreted to create any right or liability with respect to 257 any person or entity not a party to this Agreement. 258 259 29. The parties are independent entities and nothing in this Agreement creates any 260 agency relationship. None of the parties to this Agreement shall be construed to be an officer, 261 agent or employee of any of the other parties. 262 263 30. All notices required to be served or given in accordance with the terms of this 264 Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre -paid, to the 265 following addresses of record, or to such persons and addresses as the respective party may 266 designate in writing in the future: 267 268 Edmonds School District #15 Executive Director of Business and Operations 20420 68th Ave. West Lynnwood, WA 98036-7400 City of Edmonds Director of Parks, Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 2017 Meadowdale Playfields Development Agreement Page 6 Packet Pg. 411 9.2.b City of Lynnwood Director of Parks, Recreation and Cultural Arts Department PO Box 5008 Lynnwood, WA 98046-5008 269 270 31. This Agreement may be executed in several counterparts, all of which taken 271 together shall constitute the entire agreement between the parties hereto. If any provision of this 272 Agreement is determined to be invalid under any applicable statute or rule of law, it is to that 273 extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 274 275 276 [Signatures on following page] 2017 Meadowdale Playfields Development Agreement Page 7 Packet Pg. 412 9.2.b IN WITNESS WHEREOF, (lie parties have executed this Agreement as orthe day and vear first whiten above. EDMONDS SCHOOL DISTRICTNO. 15 1 cr Y OF EDMONDS SLUI'G:1tlN'1'[+,NI)ENT KR }Mct)tjr,n( MAYOR DAVE EARLING APPROVED AS TO FORM: Kristine It. Wilson ur Perkins Coie LLP Attorneys for the School District CITY OF LYNNbVOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE- Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney B ATTEST/AUTHENTICATE: Scoot Passey, Cit), Clerk Al'f'lt()VED AS TO FORM: Office of the City Attorney Packet Pg. 3 9.2.b 277 278 279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and 280 year first written above. 281 282 EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY CITY OF EDMONDS i 1. (0. e, , r MAYOR DAVE EARLING APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District AT T/A TICATE: N Cott PassCity C k ey, A ED AS TO F Office of the City Attorney CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 414 9.2.b 277 278 279 280 281 282 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District CITY OF LYNNWOOD - ��MJ MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: So ja Spri ger, Fi nce Director JPOVED ASLTO FORM: ljQ,Y-V.- Rosemary idrson, City Attorney CITY OF EDMONDS MAYOR DAVE EARLING ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2017 Meadowdale Playfelds Development Agreement Page 8 Packet Pg. 415 9.2.b 283 284 EXHIBIT A 285 EDMONDS SCHOOL DISTRICT NO. 15 286 Meadowdale Athletic Comylex & Playfields 287 288 Legal Description 289 Tracts 82,83, 107 and 108, Meadowdale Beach, according to plat thereof recorded in Volume 5 290 of Plats, page 38, records of Snohomish County, Washington and adjacent to vacated 68th Ave 291 West. 292 2017 Meadowdale Playfields Development Agreement Page 9 Packet Pg. 416 9.2.b r aD 293 EXHIBIT B 294 295 1985 ILA Agreement 296 w N N O N Q J Y L Cu d Cu O Cu C a 2017 Meadowdale Playfields Development Agreement Page 10 Packet Pg. 417 9.2.b RECEIVED, Is f s �bxl JUN 2 51985 L"afte Offices DEVELOPMENT/OPERATION AGREEMENT MEADOWDALE PLAYFIELD SITE WHEREAS, each of the subscribed signatbries hereto is a public agency as defined by RCW Chapter 39.34; WHEREAS, each of the subscribed signatories desire and agree to enter into a joint action and to cooperate with each other for the purpose of developing, operating, maintaining, and scheduling a recreation-site;and; WHEREAS, Edmonds School District No. 15 owns approximately twenty five (25) acres located at 66th Avenue West and 168th Street S.W., and has indicated said acres to be called "Meadowdale Playfield Site," and WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have identified a need for parks and recreation sites that will accord best with geographic, economic, population, and other factors influencing the development of the local communities, and; WHEREAS; Edmonds School District has identified the need for additional athletic fields in this area to enhance the District's educational program; NOW THEREFORE, the parties do agree as follows: 1. The Edmonds School District No. 15 agrees to make the property available for development by the agencies identified in this Agreement for consideration of use of the fields for school district -sponsored educational activities. The Cities of Lynnwood, Edmonds, and Snohomish County intend to establish the responsibility of each party to this agreement for the development, operation, maintenance, and scheduling of the recreation site. 2. The drawing dated March; 1985, entitled "Master Plan," adopted by the Councils of Lynnwood and Edmonds, Snohomish County's Parks and Recreation Advisory Board and County Council, and Edmonds School District No. 15, is hereby made a part of this Agreement. The plan outlines development on the twenty five -acre site and considers future developments and scheduling of adjacent School District property: Meadowdale Elementary, Meadowdale Middle School, and Meadowdale High School. 3. The Cities, County and School District agree that no call for bids will be authorized for each phase of the construction until such 2017 Meadowdale Playfields Development Agreement Page 11 P Packet Pg. 418 9.2.b time as all agencies have approved the final cost estimate for each phase. Also that no contract shall be made until approved by all plans, specifications and award of a construction agencies. 4. The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development. The costs of preparing such development plans will be borne entirely by the initiating agency unless a written agreement to share such costs is approve by all parties prior to the incurring of any costs. Development plans for the recreation site shall be first approved by the other agencies prior to initiating construction, improvement or installation. The preparation of proposed development plans does not obligate the initiating agency to proceed with construction. 5. The Cities shall bear the costs of construction. Snohomish County will contribute $150,000 in 1984/85 and additional amounts, as is later determined. The Cities of Lynnwood and Edmonds will each contribute $120,000 per year for five years for construction of the project. 6. The City of Lynnwood will serve as the construction agent for the purpose of initially incurring all expenses for all elements of the construction of the joint facility, including but not limited to architect and engineering fees, site development/construction fees, Washington State sales tax, etc. The Parks and Recreation Director of Lynnwood will act as the Construction Administrator. The Edmonds Parks and Recreation Director will act a Construction Administrator in the absence of the Lynnwood Parks and Recreation Director. 7. The City of Lynnwood shall bill the City of Edmonds and Snohomish County for their share of the project costs in accordance with the amounts listed in Section 5. Lynnwood shall keep appropriate books and accounts covering all construction related costs for review or audit by the agencies. 8. The Cities will share equally the costs and responsibility of maintenance, and divide the maintenance and operation responsibility as each phase of the project is completed. The Cities will each account for the costs of maintenance and operation of the playfields and adjust responsibilities annually if they are not equal. The School District will pay for the costs of field preparation for the District's use. A detailed maintenance agreement will be developed after the fina•1 master plan is accepted by all cities and an agreement is reached on the phases of the project's development. 2017 Meadowdale Playfields Development Agreement Page 12 Page 2 Packet Pg. 419 9.2.b 9. If it is prudent to close or reduce scheduled use of a field because of severe adverse weather conditions or other unforeseen causes, the agencies involved shall confer and agree concerning reduced use. 10. If the Cities''Parks and Recreatibn Departments and the District's representative are unable to come to an agreement in the administration of this Agreement and/or any dispute involving this Agreement, including payment of assessments or making good on maintenance agreements, the matter shall be referred to the Cities' Mayors and the District's Superintendent for resolution. Should agreement not be reached among the Mayors and the Superintendent, the Cities and the District will each appoint an arbitrator at their respective expense. The three arbitrators will be given a designated time to arrive at a decision which shall be binding on all parties. 11. At least once a year, or upon written request of any party, this Agreement shall be reviewed by all parties' representatives for the purpose of reconsidering the equitable distribution of the responsibilities of each party. Recommendations for amendments shall be made to the Cities' Mayors and the District's Superintendent and presented to the Cities' Councils and the'School Board for approval. 12. The Cities and the District, but not the County, shall indemnify and hold harmless each of the other parties including the County, to this Agreement and their respective officers, agents and employees, from any and all loss, damage, liability or expense, including expense of litigation, resulting from any actual or alleged injury to any person or firm or to such person or firm's property, caused by or resulting from any act or omission of the party which constructs, maintains, or designs any facility or from any act or omission which occurs as a result of the use of any area or facility by the party or its guest or invitee. It is the intent of the parties that each party bear, and indemnify the other parties, from all claims, costs or loss which relate to that particular party's use, the use of its guests or invitees and the party's design, construction, or maintenance of any area or facility. Joint use, design, construction or maintenance shall result in indemnification by such parties of all parties not participating in such- joint use, design, construction or maintenance. Participation by any party by the payment of funds alone under this Agreement shall not be "used" for the purposes of this paragraph. It is the stated intent of the parties that the County's liability under this contract be limited to the amount of its monetary contribution and that the County shall be liable for no other cost, charge, claim or liability of any kind. 13. The Cities and the District shall agree on a set of policies 2017 Meadowdale Playfields Development Agreement Page 3 Page 13 Packet Pg. 420 9.2.b for use of the facilities. Attached in Appendix "A" are policies and procedures for the fields. 14. Each agency, in the use of the areas and facilities shall be responsible for the damage caused by the acts of its officers, agents, employees, guests, invitees," or visitors that use the facilities, not to include normal wear and tear. The costs or repairs or replacement due to vandalism will be shared equally by the Cities. 15. The Cities may assess and collect fees from participants for any activity held on the site. Edmonds and Lynnwood will agree on a schedule of fees and charges annually. 16. The Cities or District will furnish and supply all expendable materials necessary for carrying on their activity at the facility. 17. Scheduling procedures: A. The Cities will jointly schedule use of the site with each agency receiving equal time for scheduling community programs. Schedules will be coordinated to assure maximum use of the facility. B. Scheduling will be based on three seasonal time periods, i.e., Winter - January through March; Spring/Su�-mner - April - August; and Fall - September through December. C. School District programs will receive priority use of the site during the normal school year (September through May), up to 6:00 p.m., Monday through Friday. Scheduling of school programs after 6:00 p.m. will be coordinated with other community programs. D. Actual scheduling procedures, i.e., field use applications, rental fees, scheduling dates, supervision of activities, group priorities, etc., will be jointly developed and coordinated by staff from both Cities. E. The District will not pay field rental fees for its use of the facilities for educational purposes. The District will be assessed for field lighting costs and field preparation done by the Cities' maintenance crews (lining, dragging, placement of bases, etc .) . F. The Cities and the District will maintain records that will 2017 Meadowdale Playfields Development Agreement Page 4 Page 14 Packet Pg. 421 9.2.b make clear the lines of responsibility and liability of the scheduling agencies. 18. This Agreement.shall be in effect for forty. (40) years from this date or until terminated by a majority vote of the parties, except as provided for in 18.c., or mutually amended in writing in the same manner as this agreement was executed. a. Should either of the Cities or the County unilaterally wish to withdraw from this Agreement, they shall do so only after having given the other parties written notice of intent to terminate at least one hundred eighty (180) days prior to such action. b. Unilateral withdrawal from this Agreement gives the withdrawing party no rights to recover any portion of its investment in the site or to use any portion of the site. Ownership of any improvement other than portable equipment items shall be vested in the District subject to such rights as shall be agreed upon in writing prior to the initiation of such improvements. C. If the District terminates this Agreement before its full term, the District will give the Cities and the County one hundrec? eighty (180) days notice of its intent and will reimburse the Cities and the County for the amortized value of the development costs and costs of improvements. Value shall be calculated by using the formula: Years Agreement in Force X Replacement Value of All project 40 costs at the time of termination. 19. If a negative Declaration for Environmental Impacts is not approved, and conditions or mitigations are imposed in accordance with the State Environmental Protection Act that would impose greatly increased costs not anticipated by this Agreement, any party may withdraw from this Agreement without penalty. 2017 Meadowdale Playfields Development Agreement page S Page 15 Packet Pg. 422 9.2.b r�l 20. If any action, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall be filed with the City Clerks, Snohomish County Auditor, and the Secretary of State. DATED this 5th day of June 1985.. CITY OF EDMONDS: CITY OF LYNNWOOD: May�7cf Lynnwood EDMONDS SCHOOL DISTRICT NO. 15 S44#.ntendentj of schools SNOHOMISH COLT iHOidAa - n..SflN cE, ,.scurIVE ty Execarive �'( "-, -�' y� 4L l 2017 Meadowdale Playfields Development Agreement Page 16 5 1989 Page 6 Packet Pg. 423 9.2.b APPENDIX A MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS JANUARY, 1985 1. Alcoholic beverages and drugs are prohi.bited"at the complex, and smoki is prohibited on the playing fields. 2. No golfing is permitted on the site unless approved by the Parks and Recreation Department. 3. Motorized vehicles are to be parked only in designated parking areas a are prohibited on the fields. 4. Pets must be on leash at all times except as may be permitted for spec events approved by the Parks and Recreation Department. 5. No person shall engage in the sale of merchandise or services or oper2 a concession without approval of the Parks and Recreation Department. 6. No person shall mutilate, deface, or damage any facility improvements. _ All litter shall be disposed of in designated receptacles. 7. Youth organizations will not be permitted to utilize the facilities without adequate adult supervision at all times. 8.- All organizations, groups, and/or Individuals utilizing the faci l i ti e: must leave them in satisfactory condition. Failure to do so will rest in additional maintenance costs charged to the organization, group, of individuals responsible for additional clean-up. 9. The Parks and Recreation Department reserves the right to cancel any facility use permit for just cause or to amend the procedures set fors In this document at any time. ' 10. The Parks and Recreation Department is not responsible for accidents, injuries, or loss of property. 11. Misuse of park facilities or failure to conform with these regulation: will be sufficient grounds for immediate permit suspension and/or den - of future applications. 12. The groups using the facilities agree to hold harmless the cities of Edmonds and Lynnwood, Edmonds School District, and Snohomish County fl and against any and all claims for damages resulting from death, persl injury, or property loss or damage suffered or claimed to have been suffered by any person whatsoever and rising out of any act or omissii of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees, shall be the final authority for governing behavior during scheduled activities. 2017 Meadowdale Playfields Development Agreement Page 17 Packet Pg. 424 9.2.b MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS Page 2 14. Anyone whose action jeopardizes safety or engages in abusive or belligerent behavior will be disqualified from play and barred from the facility. 15. The Facility Supervisor is -responsible for the total operation of the complex and makes the final decisions regarding facility use. MD/kw 0829R . 2017 Meadowdale Playfields Development Agreement Page 18 Packet Pg. 425 A I Lt 9.2.b A s 9.2.b 297 298 299 300 EXHIBIT C Lynnwood — District ILA Extension 2017 Meadowdale Playfields Development Agreement Page 20 Packet Pg. 427 9.2.b Return Name & Address III Il llltlll �BI�� NIIYI IIII�II�I Document Title(s) Reference Number(s) of Related Document(s) Grantor(s) Grantee(s) Additional Reference #'s on Page Additional Grantors on Page _ Additional Grantees on Page_ Legal Description (abbreviated form: ie Lot/Block/Plat or Section/Township/Range) Assessor's Property Tax Parcel/Account Number Complete Legal on Page Additional Parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. 2017 Meadowdale Playfields Development Agreement Page 21 Packet Pg. 428 9.2.b EXTENSION OF INTERLOCAL AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and THE CITY OF LYNNWOOD MEADOWDALE PLAYFIELDS This Extension of Interlocal Agreement ("Agreement"), dated as of 101--- 71�&, , 2012, is made and entered into by and between EDMONDS SCHOOL DXrRiCT NO. 15 ("School District") and THE CITY OF LYNNWOOD ("Lynnwood"). RECITALS WHEREAS the School District and Lynnwood desire to terminate all interlocal agreements between the School District and Lynnwood with respect to rights and obligations for Lynnwood's use of the fields and amenities at former Lynnwood High School, located at 3001 184th Street SW, Lynnwood, WA 98037-4701 ("Former LHS Agreements"); and WHEREAS the School District, Lynnwood, the City of Edmonds ("Edmonds") and Snohomish County (the "County") entered into a Development/Operation.Agreement Meadowdale Playfields dated June 5, 1985 ("1985 Meadowdale ILA") which pertains to the approximately 25 acres of real property owned by the School District and located at 66th Avenue West and 168th Street S.W., legally described on Exhibit A ("Meadowdale Playfields"), which agreement has a current term through June 5, 2025; and WHEREAS, to forever resolve all outstanding issues between Lynnwood and the School District arising from or related to the Former LHS Agreements, the School District and Lynnwood desire to extend Lynnwood's rights and obligations at Meadowdale Playfields for an additional 40 years beyond the expiration of the current 1985 Meadowdale ILA and contemporaneously terminate, by separate agreement, the Former LHS Agreements; and WHEREAS both the School District and Lynnwood desire to maintain cooperative, collaborative programs and relationships with Edmonds with respect to Parks and Recreation and other issues of interest to their respective constituents; and WHEREAS Lynnwood has expressed a desire to expand Lynnwood's rights and obligations at Meadowdale Playfields to include the rights and obligations of Edmonds under the 1985 Meadowdale ILA, either at the time Edmonds' rights expire under the 1985 Meadowdale ILA or sooner if possible; and 00358-0835/LEGAL23609131.3 -1- 2017 Meadowdale Playfields Development Agreement Page 22 Packet Pg. 429 9.2.b WHEREAS the School District will not guarantee the outcome but agrees to pursue discussions with Edmonds to provide Lynnwood with exclusive use of the Meadowdale Playfields when not needed for school purposes by the School District, all as set forth in this Agreement. NOW, THEREFORE, the School District and Lynnwood hereby agree as follows: 1. PURPOSE The purposes of this Agreement are to: (a) extend, as modified by this Agreement, Lynnwood's use rights and obligations with respect to use of the Meadowdale Playfields under the 1985 Meadowdale ILA by forty (40) years, (b) allow Lynnwood to assume additional use rights and obligations at the Meadowdale Playfields site if Edmonds ceases its use (currently anticipated to occur in 2025 when the 1985 Meadowdale ILA expires as to Edmonds, and potentially sooner if Edmonds desires to terminate its use of the Meadowdale Playfields sooner), and (c) establish cost sharing principles between the School District and Lynnwood regarding potential future redevelopment of the Meadowdale Playfields. 2. CONTRACT ADMINISTRATOR 2.1 Pursuant to RCW 39.34.030(4)(a), to the extent a matter is not governed by the 1985 Meadowdale ILA, the School District and Lynnwood hereby appoint the School District's Executive Director of Business and Operations as the "Contract Administrator", who will be responsible for administering this Agreement, and at the direction of the parties, shall take such action as is necessary to ensure this Agreement is implemented in accordance with its terms. 2.2 This Agreement does not create a separate legal or administrative entity, and consequently is being administered in accordance with RCW 39.34.030(4), as provided in paragraph 2.1. 3. REAL AND PERSONAL PROPERTY 3.1 The School District owns the real property that is the subject of this Agreement. This Agreement does not contemplate the transfer of ownership of the Property nor to limit the School District's ability to comply with its statutory obligations regarding the use and disposition of school property pursuant to RCW 28A.335. 00358-0835/LEGAL23609131.3 -2- 2017 Meadowdale Playfields Development Agreement Page 23 Packet Pg. 430 9.2.b 3.2 The parties will not, during the term of and pursuant to this Agreement, jointly acquire or hold any property (real or personal) with regard to the Meadowdale Playfields; provided that the parties may make available to each other, as a matter of convenience, athletic equipment and other personal property normal and incident to the use of the Meadowdale Playfields. In the event that any such personal property items are shared, the parties shall maintain records indicating the nature and quantity of the items shared. Ownership and maintenance of any such personal property items shall remain with the party who purchased the personal property item. 3.3 By operation of this Agreement, Lynnwood does not acquire any ownership interest in and disclaims any interest to the Meadowdale Playfields, which is and will remain the School District's property. 4. EXTENSION, DURATION AND TERMINATION 4.1 The School District and Lynnwood hereby extend the term of the 1985 . Meadowdale ILA, as between themselves only as set forth herein, to June 5, 2065. 4.2 The term of this Agreement shall commence upon filing with the County Auditor or upon listing the Agreement by subject on the School District's web site or other electronically retrievable public source in accordance with RCW 39.34.040 following mutual execution (the "Effective Date") and shall expire on June 5, 2065. 4.3 As between the School District and Lynnwood with respect to any new capital investment by Lynnwood in the Meadowdale Playfields made after the Effective Date of this Agreement not joined in by Edmonds under the 1985 Meadowdale ILA, provided that such investment in the Meadowdale Playfields shall first have been reviewed and approved in writing by the School District, Lynnwood's refund under Section 18(c) of the 1985 Meadowdale ILA shall be calculated as follows: Years this Extension AP weement remains in Force 53 X Replacement value of Project Construction Cost at Time of Termination. 5. NEGOTIATIONS TOWARD LYNNWOOD EXCLUSIVE USE RIGHTS AT MEADOWDALE PLAYFIELDS DURING NON -SCHOOL HOURS 5.1 This Agreement does not amend the 1985 Meadowdale ILA, except to (a) extend the term stated in Paragraph 18 for an additional forty (40) years until June 5, 2065, and (b) amend the scheduling stated in Paragraph 17. However, the School District shall engage in good faith negotiations with Edmonds toward moving Edmonds' scheduling and use of the Meadowdale Playfields to other fields when the current 00358-0 935/LEG AL23609131.3 -3 - 2017 Meadowdale Playfields Development Agreement Page 24 Packet Pg. 431 9.2.b Meadowdale ILA expires in 2025 or earlier, and to thereafter provide Lynnwood with exclusive use rights and obligations at the Meadowdale Playfields site during non - school hours as set forth in this Section 5. Lynnwood acknowledges (a) the School District cannot guarantee any particular outcome with regard to negotiations with Edmonds regarding the termination of Edmonds' use of the Meadowdale Playfields prior to 2025, and (b) this Section 5.1 does not require the School District to exercise its termination rights under Section 18(c) of the 1985 Meadowdale ILA to secure any such cessation of Edmonds' Meadowdale Playfields scheduling or use. 5.2 In furtherance of this Section 5, Lynnwood and the School District will jointly request review of the 1985 Meadowdale ILA to seek exclusive non -school use and scheduling rights for Lynnwood if and as soon as Edmonds concurs, as follows: (a) The School District will continue to have priority use of the Meadowdale Playfields during school hours as described in the 1985 Meadowdale ILA. (b) If and when Edmonds terminates its use rights at the Meadowdale Playfields, Lynnwood shall 1. assume Edmonds' future use rights and obligations during non - school hours, and thereafter have exclusive use and scheduling rights at the Meadowdale Playfields, except for the School District's priority use rights during school hours as described in the 1985 Meadowdale ILA; and 2. assume full responsibility for the maintenance, operation, repairs, and restoration of the Meadowdale Playfields site as described in the 1985 Meadowdale ILA. Notwithstanding such amendment, in accordance with section 17(e) of the 1985 Meadowdale ILA, the School District will not pay fees for its use of the Meadowdale Playfields site for educational purposes, but the School District will be assessed for field lighting costs and field preparation done by Lynnwood's maintenance crews (lining, dragging, placement of bases, etc.). 5.3 The City's scheduling periods under Section 17(c) of the 1985 Meadowdale ILA are revised as follows: Field M-5 -City of Lynnwood scheduling starts at 5:30 p.m. Fields M-lthrough 4- City of Lynnwood scheduling starts at 5:00 p.m. 003 58-0835/LEGAL23 60913 1.3 -4- 2017 Meadowdale Playfields Development Agreement Page 25 Packet Pg. 432 9.2.b with the understanding that the School District has the right to work with the City to make special scheduling arrangements on those occasions when the District's use of the fields need to extend beyond those start times. 6. DEVELOPMENT PLANS FOR MEADOWDALE PLAYFIELDS 6.1 The School District agrees to pay one-half of the cost (subject to section 6.2 and applicable budgeting and other applicable legal requirements) of master planning the redevelopment of Meadowdale Playfields at a future mutually -agreeable date, should Lynnwood wish to consider realigning the fields on the Meadowdale Playfields property along with any other site improvements. The School District's role in sharing the cost of the master planning effort, if it occurs, is due to the School District's continued ownership of the property and the School District's interest in continued access to and school use of the fields, as well as parking and driveways at the Meadowdale Playfields as event overflow parking and parent drop-off/pick-up for Meadowdale Elementary and Meadowdale Middle Schools. 6.2 Upon notice to the School District given on or before May 1 and including an estimate of the School District share of anticipated costs, for work that cannot be billed to the School District until the following September, Lynnwood shall have the right to initiate and take the lead on the master planning and site design and redevelopment process under this Section 6. As the owner of the Meadowdale Playfields property, the School District must approve of any redevelopment of the property, which the School District may grant, deny or condition in its sole discretion. The preparation of and agreement to pay for master planning costs does not obligate either party to proceed with construction or redevelopment. 6.3 The School District cannot guarantee but may be willing to share the costs of redevelopment of the Meadowdale Playfields, but only to the extent that the School District derives an educational benefit from such redevelopment (which the School District anticipates may be limited to benefits of the location, function and accessibility of the parking/driveways as noted in section 6.1, and perhaps the redesign of the fields). 7. MISCELLANEOUS 7.1 This Agreement together with the 1985 Meadowdale ILA represents the entire agreement between Lynnwood and the School District with respect to the Meadowdale Playfields. This Agreement shall not be amended except in writing mutually agreed to and executed by Lynnwood and the School District, and the 1985 Meadowdale ILA shall not be amended except in writing in the same manner as that agreement was executed by all parties thereto. 00358-08351LEGAL2360913 1.3 -5- 2017 Meadowdale Playfields Development Agreement Page 26 Packet Pg. 433 9.2.b 7.2 This Agreement and all questions concerning the capacity of the parties, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement has been negotiated and drafted by all parties and is not to be construed in favor of any party. 7.3 Nothing herein shall be interpreted to create any right or liability with respect to any person or entity not a signatory to this Agreement. 7.4 The parties are independent entities and nothing in this Agreement creates any agency relationship. None of the parties to this Agreement shall be construed to be an officer, agent or employee of any of the other parties. 7.5 In the event of a dispute between the parties arising under this Agreement, the Superintendent of the School District and the Mayor of Lynnwood shall meet to attempt to resolve the dispute within thirty (30) days notice from the Contract Administrator of the existence of a dispute. In the event the Superintendent and the Mayor are unable to resolve the dispute within sixty (60) days notice from the Contract Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon private arbitrator for a binding resolution. In the event the parties cannot agree on an arbitrator, one may be appointed by the Presiding Judge of the Snohomish County Superior Court, with costs of arbitration borne equally. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs related to said arbitration. 7.6 All notices required to be served or given in accordance with the terms of this Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre- paid, to the following addresses of record: Edmonds School District #15 City of Lynnwood Executive Director of Business and Director of Parks, Recreation and Cultural Operations Arts Department 20420 68`l' Ave. West PO Box 5008 Lynnwood, WA 98036-7400 Lynnwood, WA 98046-5008 7.7 Any address changes shall be given to the other parties in writing. 7.8 This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the parties hereto. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. If and to the extent reasonably required or desirable to 00358-0835/LEGAL236091313 -6- 2017 Meadowdale Playfields Development Agreement Page 27 Packet Pg. 434 effectuate the terms of this Agreement, each party shall execute and deliver to the other or third parties involved in issues pertaining to the 1985 Meadowdale ILA such other and further documents, instruments and assurances as such other or third parry may reasonably request, provided that neither party to this Agreement may be thereby required pursuant to this sentence to undertake additional financial or other obligations. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMO SCHOOL DISTRICT NO. 15 Approv d as t orm: I� NICK SSOIT ED. D. Perkins Coie LLP SUPERINTENDENT Attorneys for the School District DATE; 'a DATE: ✓�''-CatY/Z— Approved as to form: Lk-11— of Inslee, 0est, Doezie & Ryder, P.S. Attorneys or the City 00358-0835/LEGAL23609131.3 -7- 2017 Meadowdale Playfields Development Agreement Page 28 Packet Pg. 435 9.2.b EXHIBIT D Project Overview Project Location: 16700 66th Avenue West (27 acres) Background • 27-acre athletic facility developed in 1990, located in Lynnwood • Property owned by Edmonds School District • City operates and maintains the facility, and shares use with District and City of Edmonds • Interlocal Agreement gives City use of the facility through 2065 Community Need • Only athletic facility in Lynnwood since loss of athletic complex at Lynnwood High School in 2009 • Increased demand for athletic fields in Lynnwood • Facility is 26 years old - need to improve soccer fields and softball complex • Fields are not playable in their current condition, expensive to maintain • League and tournament reservations have declined, fields remain unused during much of the year Proposed Project • Soccer fields — replace existing dirt soccer fields with all-weather surfacing to create multipurpose fields for soccer, lacrosse, and youth baseball. • Softball Complex — install all-weather turf on softball infields, and increase height of fencing and backstops. • Improvements would: -4, provide year-round play with turf fields -3, bring new team sports to MP (lacrosse, youth baseball, girls fast pitch) increase opportunities for youth and adult participation in team sports increase opportunities for outdoor recreation Community Partners City of Lynnwood, City of Edmonds, Edmonds School District, Washington State Recreation & Conservation Office, Snohomish County, and Snohomish County Tourism Promotion Area Total Project Cost Estimate (value -engineered) a $4,740,000 (base -bid infill) SECURED Funding • $2,597,155 • $1,000,000 • $ 750,000 • $ 500,000 • $ 200,000 • $ 100,000 $5,147,155 City of Lynnwood 2014 ESD Bond RCO (Local Parks & YAF) City of Edmonds Snohomish County TPA Exhibit D: Page 1 2017 Meadowdale Playfields Development Agreement Page 29 Packet Pg. 436 9.2.b Project Schedule ■ December 13 Project Community Open House • January 25 Project Stakeholder Open House • January 30 Council Briefing ■ January — March Final Design • March 30 Construction Ad ■ April - May Bid Opening & Notice to Proceed • June — November Construction ■ December 31 Construction Complete and Project Closeout If MEADQ111rDALE PLAYFIELDS 27 Acres 16700 66th Ave W Exhibit D: Page 2 2017 Meadowdale Playfields Development Agreement Page 30 Packet Pg. 437 9.2.b A H Exhibit D: Page 3 2017 Meadowdale Playfields Development Agreement Page 31 Packet Pg. 438 9.2.b 305 306 EXHIBIT E 307 National Park Service Agreement & 6f Boundary Map 308 309 310 2017 Meadowdale Playfields Development Agreement Page 32 Packet Pg. 439 9.2.b • •UMB No. 1024-0033 09/30/84 UNITED STATES DEPARTMENT OF THE INTERIOR ; p NATIONAL PARK SXRVICB ; Land and Water Conservation Fund Project Agreement =s s c r State Washington Project Number 53-00594 . c c c Project Title Meadowdale Playfields Project Period r,`:J frla5 Project Stage ALL o to June 30, 1991 Covered kX this AZEeemcnt s i s Project Scope (Description of Project) i s This project involves the further development of the existing'Meadowdale Playfield complex. <, Z Project Cost The following are hereby incorporated into this agreement: Total Cost S 390,000 Fund Support not 1. General Provisions (LWCF Manual) to exceed 50% Fund Amount $ 150,000 2. Project Application and Attachments. Cost of this Stage $ 390,000 3. Assistance this Stage $ 150,000 4. RIPS 10-90 2 2017 Meadowdale Playfiel¢Opment Agreement (7-81) Page 3 Packet Pg. 440 9.2.b The United States of America, represented by the Director, National Park Service, United States Department of the Interior, and the State named above (herinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund act of 1965, 78 Stat. 897 (1964), the provisions and conditions of the Land and Water Conservation Fund Grants !Manual, and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto or retained by the State and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the coats of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: In witness whereof, the parties hereto have executed this agreement as of the date entered below. THE ITED S ATES OF A!M= A STATE f by -� --.-WASHINgTON By (Signature) Signature) National Park Service United States Department of the Interior Date NPS 10-902 (7-81) RQBERT L. W M ER (Name) - - �irecto[ .,... (Title) 2017 Meadowdale Playfields Development Agreement Page 34 Packet Pg. 441 ACC43 • UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL P:.RK SERVICE 9.2.b r N N STATE Washington 7 (53) Project Amendment 4 a� No. 53-0059.I � AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT To Project Agreement No.86-0450is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Washington pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: the project cost is increased by $390,000 ($150,000 LWCF/$240,000 local). Project scope is increased to allow for additional development of the Meadowdale Playfield complex. With this amendment the total project cost is $780,000 ($300,000 LWCI= and $4+80,000 local), In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA / STATE Washington Signature) (State) CF EF, DIVISION Hy (Title) signature) National Park Service ROBERT L. WILDER United States Department of (Name) the Interior Date t 1986 Director NPS 10-902a ( 7—B 1) 2017 Meadowdale Playfields Development Agreement Page 35 (Title) Packet Pg. 442 n dPF F] 9.2.b V a ( m lL � L • 0 Q V +_+ LL it tt ca I occ w, c s►isi` n_Ir.w.rr a :{ N .t • .NS rl p C c * i E c L er y 4 n r N at � i w i ii c J [ a Y n >tir E c CL i N ' e i a� r a � -®r. f �i '�. ! R 3 • c0 n IL cu rnr tit _ .bar t!� v r 4 a w S ftl ` N 41 si + a r t oa'�{Sia cc ao� I g iY tir�`� rlrw 7-[:rraw nur 7srtla.r y�� r u N cc IL ' . 1 1 i Yl-•- i r d . � `I 1l r � s n• k W � - _ Packet Pg. 444 9.3 City Council Agenda Item Meeting Date: 07/5/2022 Open Public Meetings Act (OPMA) Training (Part 2) Staff Lead: Jeff Taraday, City Attorney Department: City Attorney's Office Preparer: Scott Passey Background/History N/A Staff Recommendation N/A Narrative The city attorney will continue with the OPMA training. The first part of this training took place on February 25, 2022, during the city council retreat. There was not time during the retreat to complete the training. Also, the legislature amended the OPMA after February 25, 2022. So, the training will cover the 2022 amendments. Packet Pg. 445 9.4 City Council Agenda Item Meeting Date: 07/5/2022 Discussion of Council Response to Supreme Court Decision to Overturn Roe v. Wade Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson Background/History On June 24th, the United States Supreme Court overturned the landmark decision from 1973, Roe v. Wade which had constitutionally guaranteed a national right to seek abortion and reproductive health services. A Resolution, authored by CM Laura Johnson and CM Susan Paine, was initiated by CM L. Johnson, who motioned that it be added to the agenda from the dais on June 28th. While this motion did not succeed, councilmembers generally agreed to hear it on July 5th when they would have time to be thoughtful about the message they may want to deliver on behalf of the community. Staff Recommendation Consider Council's response to the SCOTUS decision, if any. The options include Council making a statement: 1. Passing Resolution Option #1 as submitted or as amended, or 2. Passing Resolution Option #2 as submitted or as amended. IE 3. Council could make a motion to support the creation of a voluntary, Edmonds Community online petition. m 4. Council could choose not to act. Narrative Our Edmonds Council has stood in solidarity for creating a community where all feel safe and welcomed in the past, and with people from other States potentially coming here to access the full range of reproductive choices, this is a time to consider doing so again. Included in this packet are recent examples of Council support for topics of great importance to our community. (Attachments 4,5,6,7) The Resolution Option #1 (1. Attached) is the Resolution crafted by CMs Laura Johnson and CM Susan Packet Pg. 446 9.4 Paine. Because of the amount of change to propose to the Whereas clauses and resolved actions, CP Olson authored Option #2 (2. Attached) (note some of the original clauses from Option 1 are included in it). Both contain calls for action to guarantee safe access to the full range of reproductive care and services. Additionally, a community member -recommended alternative to a Council Resolution is provided for consideration. (3. Attached) Council could make a motion to support the creation of a voluntary, Edmonds Community online petition on Change.org (by adapting the resolution Council selects, as submitted or amended, to be from "the below signed elected and residents of the City of Edmonds"). This would include paying for the modest associated costs from the Council contingency fund, creating media releases to reach community members who want to show their support, and creating and sending letters and emails to Governor Inslee and our State and federal representatives which would reference the link to our online petition indicating that the below -signed Edmonds elected and residents support the referenced resolution. Attachments: 1. Resolution Option #1 2. Resolution Option #2 3. Sample Online Petition 4. Resolution 1381 Declaring Edmonds a Safe City 5. Minutes from January 10, 2017 about Resolution 1381 6. Resolution 1492 Condeming Gun Violence 7. Minutes from June 7, 2022 about Resolution 1492 Multi-State-Commitment-to-Reprod uctive-Freed om_Fina1-1 5688 SBR LAW TA 22 Packet Pg. 447 9.4.a A RESOLUTION of the Edmonds City Council in support of abortion rights and other reproductive rights, in opposition to the U.S. Supreme Court majority decision to overturn Roe v. Wade, urging federal and state elected officials to codify abortion rights and other reproductive rights, and supporting Washington State's commitment to protecting reproductive freedom. WHEREAS, from June 24-26th, 2022, millions gathered in cities across the United States, including in Snohomish County, to protest the overturning of the landmark Roe v. Wade decision that has protected the freedom to seek an abortion since 1973; and WHEREAS, the U.S. Supreme Court decided Roe v. Wade by a 7-2 vote in recognition of the necessity of a constitutionally guaranteed, national right to access abortion services because of the education and pressure from the women's liberation movement; and WHEREAS, reproductive freedom — including the right to make one of life's most important decisions — whether or when to have children — is foundational to a person's autonomy, dignity, and ability to participate fully in economic, social, and civic life; and WHEREAS, throughout history, laws banning abortion do not stop them from happening, but instead made them unsafe, leading to pain, suffering, loss of fertility, and even death; and WHEREAS, according to reports published by the Guttmacher Institute, before Roe v Wade, illegal abortions were estimated to range from 200,000 to 1.2 million per year and constituted at least 17 percent of all maternal deaths attributed to pregnancy and childbirth in 1965 alone; and WHEREAS, according to a report published by the Guttmacher Institute, there would be a 385% increase in the potential number of people seeking an abortion care provider here in Washington State, which would create a burden on the care providers as well as constricting access to these services due to the demand; and WHEREAS, with the legalization of abortion services in the United States, these procedures have led to safer practices and drastically reduced the incidences of maternal deaths and hospitalizations related to abortion services; and WHEREAS, the American Psychological Association states that there is a preponderance of scientific data supporting the conclusion that freedom of choice and women's control over their critical life decisions promotes psychological health; and c 0 0 a� aD r 0 L Q c 0 CL 0 0 0 aD c E r a Packet Pg. 448 9.4.a WHEREAS, laws restricting access to abortion disproportionately impact poor, rural, working-class, and persons of color who may not have the resources to cover the doctor fees, travel costs, childcare costs, and lost wages when seeking quality reproductive healthcare, because those who are wealthy have resources to obtain needed abortion care services; and WHEREAS, the overturning of a long-standing privacy precedent may also be applied to other U.S Supreme Court settled cases, such as those protecting the right to birth control, which could strip people of the medical means necessary to determine when and whether to have children; and WHEREAS, overturning Roe v. Wade disregards the human right to bodily autonomy, which could also set a legal precedent used to overturn healthcare and other legal rights for LGBTQ people, while transgender care is already under assault; and WHEREAS, the majority in the U.S. House of Representatives, a majority in the U.S. Senate, and the Presidency have the power to codify access to safe and abundantly available abortion care services and access to reproductive care and services for all people; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDMONDS WASHINGTON THAT: Section 1. The Edmonds City Council is entirely opposed to the U.S. Supreme Court's decision overturning Roe v. Wade, and the removal of federal protection for accessing reproductive care and services for all people. Section 2. The Edmonds City Council urges federal elected officials to pass legislation codifying the full right to abortion and other reproductive healthcare nationwide. The Edmonds City Council urges elected officials in the U.S. House and U.S. Senate to use their full power, not only to vote for such legislation but also to fight to end the filibuster and use their resources to restore Roe V. Wade through federal legislation. Section 3. The Edmonds City Council directs that copies of this Resolution shall be sent to Governor Inslee and our State representatives as a means of showing our City's support for: c 0 0 a� aD r 0 L Q aD c 0 a O c 0 0 m c E r a Packet Pg. 449 9.4.a A. The passage of a Washington State Constitutional Amendment guaranteeing full access to abortion care services, and B. Increasing oversight over hospital mergers that have often interfered with the provision of reproductive health services for all people, and C. Washington State's recent letter of Commitment to Reproductive Freedom. Section 4. With the passage of this Resolution, the Edmonds City Council directs that it is hereby the policy of the City of Edmonds that the Edmonds Police Department will not commit any of their police services in the pursuit of any investigations related to those people who are seeking, or providing abortion care or reproductive health care services, as it is not a current public safety priority for our Edmonds community. `o 0 N d Section 5. The Edmonds City Council strongly supports the grassroots organizing and M movement building required to put social pressure on elected officials and the judiciary to defend against this historic attack on the rights of women, pregnant people, and the ; LGBTQ community, and encourages Edmonds residents to continue to support efforts o to protect reproductive freedom, through education and advocacy. a Packet Pg. 450 9.4.b RESOLUTION SUPPORTING ACCESS TO THE FULL RANGE OF RIGHTS AFFORDED BY ROE V. WADE WHEREAS, in 1970, Washington state voters approved Referendum 20, making abortion services legal in Washington State through a vote of the people; and WHEREAS, the right to abortion services was further supported on the National level for almost 50 years as a result of cases decided by the United States Supreme Court in 1973 (Roe v. Wade) and 1992 (Planned Parenthood v. Casey) until Roe v Wade was overturned on June 24, 2022; and WHEREAS, in addition to the loss of national protections of access to the full range of reproductive services, the overturn of Roe v. Wade opens the door to challenges to privacy rights, such as same sex marriage and access to contraception; and WHEREAS, women cannot be truly free and equal members of our nation without autonomy over their bodies; and WHEREAS, Comprehensive Abortion Care is included in the list of essential health care services published by the World Health Organization in 2020; and WHEREAS, laws restricting access to abortion disproportionately impact poor, rural, working class, and persons of color who may not have the resources to cover the doctor fees, travel costs, childcare costs, and lost wages when seeking quality reproductive healthcare, because those who are wealthy have resources to obtain abortion care services if they choose them; and WHEREAS, our commitment to ensuring that Edmonds remains a welcoming, inclusive and safe community for all who live, work and visit Edmonds was affirmed in Resolution No. 1381, passed by the Edmonds City Council on 1/10/2017; a Packet Pg. 451 9.4.b NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDMONDS WASHINGTON THAT Section 1. The Edmonds City Council declares its support of an individual's right to reproductive freedom and bodily autonomy. Section 2. The Edmonds City Council adopts this resolution to express its official position in support of amendments to the Washington State and United States Constitutions to codify an individual's right to comprehensive, safe and accessible reproductive healthcare, including abortion, contraception and marriage equality, and to urge our federal and state legislators to act in support of said rights. Section 3. That Edmonds pledges to be a supportive community for people from other states coming to the area for the full range of legal and safe reproductive services available in Washington State. Section 4. The Edmonds City Council further directs that copies of this resolution be sent to Governor Inslee and our State representatives Q Packet Pg. 452 9.4.c ONLINE PETITION SUPPORTING ACCESS TO THE FULL RANGE OF RIGHTS AFFORDED BY ROE V. WADE WHEREAS, in 1970, Washington state voters approved Referendum 20, making abortion services legal in Washington State through a vote of the people; and WHEREAS the right to abortion services was further supported on the National level for almost 50 years as a result of cases decided by the United States Supreme Court in 1973 (Roe v. Wade) and 1992 (Planned Parenthood v. Casey) until Roe v Wade was overturned on June 24, 2022; and WHEREAS, in addition to the loss of national protections of access to the full range of reproductive services, the overturn of Roe v. Wade opens the door to challenges to privacy rights, such as same sex marriage and access to contraception; and WHEREAS, women cannot be truly free and equal members of our nation without autonomy over their bodies; and WHEREAS, Comprehensive Abortion Care is included in the list of essential health care services published by the World Health Organization in 2020; and WHEREAS, laws restricting access to abortion disproportionately impact poor, rural, working class, and persons of color who may not have the resources to cover the doctor fees, travel costs, childcare costs, and lost wages when seeking quality reproductive healthcare, because those who are wealthy have resources to obtain abortion care services if they choose them; and WHEREAS, our commitment to ensuring that Edmonds remains a welcoming, inclusive and safe community for all who live, work and visit Edmonds was affirmed in Resolution No. 1381, passed by the Edmonds City Council on 1/10/2017; Q Packet Pg. 453 9.4.c NOW, THEREFORE, BE IT RESOLVED BY THE BELOW SIGNED ELECTED AND RESIDENTS OF THE CITY OF EDMONDS WASHINGTON THAT Section 1. The below signed declare their support of an individual's right to reproductive freedom and bodily autonomy. Section 2. The below signed express support of amendments to the Washington State and United States Constitutions to codify an individual's right to comprehensive, safe and accessible reproductive healthcare, including abortion, contraception and marriage equality, and to urge our federal and state legislators to act in support of said rights. Section 3. That the below signed pledge to be a supportive community for people from other states coming to the area for the full range of legal and safe reproductive services available in Washington State. Section 4. The below signed further direct that letters and emails referring to this online petition be sent to Governor Inslee and our Federal and State representatives. c 0 0 as as 0 L Q d a. m c O m a E M Cn ri c d E z 0 Q Packet Pg. 454 9.4.d RESOLUTION NO. 1381 A RESOLUTION DECLARING THE CITY OF EDMONDS TO BE AN EQUITABLE, SAFE, AND INVITING COMMUNITY FOR EVERYONE WHO LIVES IN, WORKS IN, AND VISITS EDMONDS WHEREAS, as City Council of the City of Edmonds, it is an honor and privilege to serve our community, and it is our utmost responsibility to uphold the rights and freedoms of the families and individuals we represent, and WHEREAS, we have heard from community members who have concerns about their safety and wellbeing and the safety and wellbeing of their family members, friends, and neighbors, and WHEREAS, with this Resolution, we affirm the following commitments to our residents: ■ We believe that the strength and vitality of our community comes from our rich diversity of cultures, experiences, and faiths and we celebrate that diversity. • We recognize and uphold the rights of individuals to be treated fairly and to live their lives with dignity, free from discrimination or profiling because of their faith, race, national origin, or immigration status. • We are committed to ensuring that Edmonds remains a welcoming, inclusive, and safe community for all who live, work, and visit Edmonds. • We strongly condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. • We will continue to work, in cooperation with our community partners, to ensure our services and social programs are accessible and open to all individuals. • We believe that, as elected representatives of the people of Edmonds, we have a special responsibility to speak out against hate and discrimination against any of our residents, and we choose to be a leader in protecting human rights, equity, public safety, and social wellbeing; and 1 Packet Pg. 455 9.4.d WHEREAS, in furtherance of the above -cited commitments, we created the Edmonds Diversity Commission in 2015 and continue to support the Commission's programs and activities intended to carry out its mission, which is codified at ECC 10.65.040 as follows: A. Serve as a commission for city government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. B. Recommend to the mayor and city council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. C. Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City Council is committed to making Edmonds an equitable, safe, and inviting community for everyone who lives in, works in, or visits Edmonds. Section 2. The City Council is committed to joining with the people of Edmonds in opposing hate, violence, or any acts of intolerance committed against our community members. Section 3. The City Council is committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs and services are accessible and open to all individuals. RESOLVED this 10" day of January, 2017. ATTEST/AUTHENTICATED : CI CLERK, SCOTT P EY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. January 6, 2017 January 10, 2017 1381 2 Packet Pg. 456 9.4.e uphold the rights of individuals to be treated fairly and to live their lives with dignity free from discrimination or profiling because of their faith, race, national origin or immigration status. We strongly support bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, physical ability, ethnicity, housing status, sexual orientation, economic status, or any other social status." If those revisions sound offensive to the Council, she urged them to support the resolution as presented as a non -partisan vote of empathy and compassion. 7. STUDY ITEMS 1. RESOLUTION DECLARING EDMONDS A SAFE CITY Councilmember Fraley-Monillas read the resolution into the record, commenting there has been a lot of misinformation in the past 4-5 days regarding the resolution: A resolution declaring the City of Edmonds to be an equitable, safe, and inviting community for everyone who lives in, works in, and visits Edmonds WHEREAS, as City Council of the City of Edmonds, it is an honor and privilege to serve our community, and it is our utmost responsibility to uphold the rights and freedoms of the families and individuals we represent, and WHEREAS, we have heard from community members who have concerns about their safety and wellbeing and the safety and wellbeing of their family members, friends, and neighbors, and WHEREAS, with this Resolution, we affirm the following commitments to our residents: • We believe that the strength and vitality of our community comes from our rich diversity of cultures, experiences, and faiths and we celebrate thatdiversity. • We recognize and uphold the rights of individuals to be treated fairly and to live their lives with dignity, free from discrimination or profiling because of their faith, race, national origin, or immigration status. • We are committed to ensuring that Edmonds remains a welcoming, inclusive, and safe community for all who live, work, and visitEdmonds. • We strongly condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. • We will continue to work, in cooperation with our community partners, to ensure our services and social programs are accessible and open to all individuals. • We believe that, as elected representatives of the people of Edmonds, we have a special responsibility to speak out against hate and discrimination against any of our residents, and we choose to be a leader in protecting human rights, equity, public safety, and social wellbeing; and WHEREAS, in furtherance of the above -cited commitments, we created the Edmonds Diversity Commission in 2015 and continue to support the Commission's programs and activities intended to carry out its mission, which is codified at ECC 10.65.040 as follows: A. Serve as a commission for city government and the community byproviding information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. B. Recommend to the mayor and city council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. C. Support, challenge, and guide government and the community to eliminate and prevent all forms ofdiscrimination. Edmonds City Council Draft Minutes January 10, 2017 Page 10 Packet Pg. 457 9.4.e NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City Council is committed to making Edmonds an equitable, safe, and inviting community for everyone who lives in, works in, or visits Edmonds. Section 2. The City Council is committed to joining with the people of Edmonds in opposing hate, violence, or any acts of intolerance committed against our community members. Section 3. The City Council is committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs and services are accessible and open to all individuals. c COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT RESOLUTION NO. 1381, A RESOLUTION DECLARING THE CITY c OF EDMONDS TO BE AN EQUITABLE, SAFE, AND INVITING COMMUNITY FOR EVERYONE WHO LIVES IN, WORKS IN, AND VISITS EDMONDS TO m Councilmember Fraley-Monillas said she was sorry Ms. Davig had her personal possessions vandalized, stating Edmonds was no place for that regardless of which side someone is on any issue; violence and c harassment was not acceptable. As a member of the Diversity Commission, she proposed this resolution a due to a number of vandalism incidents in Edmonds in schools and on private property by individuals "splurting" hate. The resolution is one way the Council can stand up for citizens' expectation that the T Council stands against that kind of behavior. M c Councilmember Buckshnis thanked everyone who attended the meeting and those who spoke. She read all the emails; after being gone for the weekend, she returned to find 78 emails. She noted some may have confused sanctuary city with safe city. She thanked Councilmember Fraley-Monillas for bringing the resolution forward. She supported the resolution which is intended for all to feel safe. 0 Councilmember Teitzel agreed everything Edmonds does should be based on the notion of acceptance, c� respect and inclusion. Whether someone is a resident or visitor, they deserve human dignity. He asked for r� clarification that the intent of the resolution was not intended to be a Sanctuary City Resolution. N Councilmember Fraley-Monillas agreed. o T Councilmember Teitzel asked Councilmember Fraley-Monillas the practical effect of the resolution, cv whether the Police Department would be asked to take any particular action. For example, some cities have said they will not do the federal government's work with regard to monitoring whether an immigrant is documented or not. It was his understanding the resolution did not address that issue. Councilmember c Fraley-Monillas said the resolution is not a Sanctuary City Resolution. With regard to what the Council will do, the Council will write articles, call department heads, and do whatever needs to be done to protect citizens; the resolution does not give direction to anyone except the City Council. Councilmember Teitzel said he also received a large number emails, many in support and some in Li opposition who were concerned about sanctuary city. He emphasized this is not a Sanctuary City Resolution; it is a Safe City Resolution and he supported the resolution's vision of acceptance, respect E and inclusion. Council President Pro Tem Nelson thanked Councilmember Fraley-Monillas for introducing the resolution, finding it very timely and important and he wholeheartedly supported it. He shared an excerpt from an Edmonds citizen's email who had concerns about the resolution, "I strongly feel Edmonds should fix potholes, balance the budget and keep the water flowing and not concern itself with social engineering. If some Edmonds residents want to help out undocumented non -citizens, they can quietly invite them to live in their homes, not involve City government in their mission." To that person, Council President Pro Tem Nelson said this is America, we don't leave people on the side of the road. We lend a Edmonds City Council Draft Minutes January 10, 2017 Page 11 Packet Pg. 458 9.4.e hand, we help one another, we love thy neighbor. A city government does not get to choose who to help, we are obligated to protect all who come into the city limits, especially those who need more protection, not less. Those that are currently being targeted because they look different or sound different, are being harassed, threatened and hurt. People in our city and in neighboring communities have been exposed to hatred from perfect strangers because of their race. Some bystanders have sat silently witnessing this; others have looked the other way. Any community who has suffered acts of hate will tell you, silence signals acceptance. He assured he would not be silent and look the other way; he will speak up for those who are afraid to speak, stand up for them and say, you are in Edmonds now, our city is safe for all our residents regardless of their race, religion, ethnicity, sexual orientation or immigration status. For anyone who wants to spew hate and fear, he will tell them to go somewhere else, not in our town and not on my c watch. 0 Councilmember Tibbott said the resolution affirms what he has seen in every Councilmember; although Councilmembers have differences and voice them with energy, the Council stands for and affirms the statements in the resolution. He was proud to support the resolution, and was thankful if he stood to stop an incident, his fellow Councilmember would be with him. He was concerned there would be an implication on law enforcement and inquired with Police Chief Compaan whether the resolution would o have any impact on law enforcement. Chief Compaan said no, and stated in all the years he has worked in Edmonds, there has never been a sustained complaint of any discriminatory or profiling activity; it is simply not part of the culture of the agency. The Edmonds Police Department has a diverse police force oo with various ages, colors and persuasions. M Councilmember Tibbott said he also received many emails including some who wanted to go further and adopt a sanctuary statement. He urged those citizens to continue to lead the way, do their work as a private citizens, invite refugees and immigrants into their homes, do what they can as a citizen and involve their neighbors in extending the rights and privileges of American citizens. Councilmember Johnson thanked everyone who attended tonight's meeting and those who expressed their views. She received 53 emails and comments of which 10 were absolutely opposed. Part of the opposition was they did not want Edmonds to be a sanctuary city, they did not want Edmonds to be lawless, ignore federal laws and harbor illegal refugees. She assured that is not what this resolution is about. The resolution is a baby step, reaffirming the values and the general nature of the City of Edmonds, the friendliest city in the state that has always been tolerant and welcoming. She hoped everyone would leave the meeting with a sense of inclusion. She expressed her support for the resolution. Councilmember Fraley-Monillas encouraged the public to read the article Police Chief Compaan wrote about a month ago in the local newspaper. She has heard the call for a sanctuary city and urged one step at a time, slow down and consider what you are really trying to improve. She anticipated the issue of a sanctuary city could arise in the future as another Councilmember was interested in forming a sanctuary city. She thanked the audience for attending, recognizing how hard it is to attend on a weeknight. She appreciated the members of other cities who attended, commenting all as one is how we will make the world a better place to live. MOTION CARRIED UNANIMOUSLY. Mayor Pro Tern Mesaros declared a brief recess. 2. INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT Economic Development/Community explained the Snohomish Health District, founded in 1959, provides public health -related services throughout Snohomish County. From 1967 until the early 1990s local municipalities provided per -capita contributions to help fund the Health District, after which time the Edmonds City Council Draft Minutes January 10, 2017 Page 12 Packet Pg. 459 9.4.f RESOLUTION NO. 1492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CONDEMNING THE GUN VIOLENCE, BOTH NATIONALLY AND HERE LOCALLY, WHICH HAS OCCURRED OVER THE PAST SEVERAL WEEKS AND THE RACIAL HATRED WHICH HAS FUELED THIS VIOLENCE; EXPRESSING CONDOLENCES TO THOSE IMPACTED; AND ISSUING A CALL TO ACTION FOR ALL IN OUR COMMUNITY TO WORK TOWARDS ENDING GUN VIOLENCE AND HATRED IN OUR COMMUNITY. WHEREAS, on May 14, 2022 the mass shooting in Buffalo, NY killed 10 persons and injured three others in a grocery store, where Black people were targeted; and WHEREAS, on May 15, 2022 the mass shooting in Laguna Woods, CA killed 1 person and injured five others, at a church where Taiwanese Americans were targeted; and WHEREAS, on May 24, 2022 the mass shooting in Uvalde, TX killed 21 persons and injured 17 others, occurring at an elementary school where Latin Ametican children were killed and injured; and WHEREAS, on March 17, 2022 stickers were discovered in downtown Edmonds promoting hate and white nationalism, creating fear and the feeling of being unsafe; and WHEREAS, on June 1, 2022 there was a violent robbery in Edmonds, where guns were used in the commission of this crime; and WHEREAS, nationally there are 10,000 hate crimes committed with guns each year, about 28 per day; and WHEREAS, the vast majority of these hate crimes are committed against people of color, religious minorities, and the LGBTQIA+ people; and ; WHEREAS, the leading cause of death for children under the age of 18 is due to firearms; and WHEREAS, the city of Edmonds condemns in no uncertain terms these, gun violence attacks, and the racist and hateful ideologies behind these attacks; and WHEREAS, the City condemns all those who are bringing racist and hateful ideologies into the mainstream, which facilitates the radicalization of persons susceptible to white nationalism and other hate ideologies; and 1 Packet Pg. 460 9.4.f WHEREAS, the City encourages everyone in the city to intervene when these behaviors are seen with friends and family members when it can be done so safely; and WHEREAS, the City believes that immediate steps need to be taken at the local, state, and national level to prevent and reverse radicalization; and WHEREAS, the City extends its call to action to reduce acts and crimes of hate and gun violence in all of our communities; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. That the city of Edmonds condemns gun violence and these attacks based in hatred, that we express our condolences to those families who lost loved ones, suffered injuries, and have been otherwise impacted. Section 2. That copies of this Resolution shall be sent to Governor Inslee and our State representatives as a means of showing our City's support for: A. increased restrictions on access to semi -automatic firearms by those who wish to do harm, and B. for increased education and attention to the methods of preventing racialized radicalization. RESOLVED this 71h day of June 2022. CITY OF EDMONDS M OR, MIKE NELSON ATTEST: CLERK PASSEY FILED WITH THE CITY CLERK: June 3, 2022 PASSED BY THE CITY COUNCIL: June 7, 2022 RESOLUTION NO. 1492 2 W c as E U 0 Q Packet Pg. 461 9.4.g EDMONDS CITY COUNCIL MEETING APPROVED MINUTES June 7, 2022 ELECTED OFFICIALS PRESENT STAFF PRESENT c 2 Mike Nelson, Mayor Angie Feser, Parks, Rec., Cultural Arts & Human Vivian Olson, Council President Services Director ,°� Kristiana Johnson, Councilmember Jessica Neill Hoyson, HR Director Will Chen, Councilmember Rob English, Acting Public Works Director Neil Tibbott, Councilmember Shannon Burley, Deputy Parks, Rec., Cultural Diane Buckshnis, Councilmember Arts & Human Services Director 13 Susan Paine, Councilmember Mike De Lilla, Senior Utilities Engineer a Laura Johnson, Councilmember Casey Colley, Youth Commission Coordinator N Jeff Taraday, City Attorney ALSO PRESENT Scott Passey, City Clerk M Brook Roberts, Student Representative Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Paine 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." ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. ti c 4. APPROVAL OF AGENDA E t COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. Q 5. PRESENTATIONS RESOLUTION CONDEMNING GUN VIOLENCE AND RACIAL HATRED Councilmember Paine read a Resolution of the city council of the City of Edmonds, Washington, condemning the gun violence, both nationally and here locally, which has occurred over the past several Edmonds City Council Approved Minutes June 7, 2022 Page 1 Packet Pg. 462 9.4.g weeks and the racial hatred which has fueled this violence; expressing condolences to those impacted; and issuing a call to action for all in our community to work towards ending gun violence and hatred in our community. Councilmember Tibbott expressed support for the resolution and thanked Councilmember Paine for the work she did putting it together and the additional documentation. He proposed a minor amendment to whereas 10, remove "white nationalism" and insert "them." There are many groups that support racism and hateful ideologies, not just white nationalism. Inserting "them" covers all the groups who might support racism and hateful ideologies. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, o TO REMOVE "WHITE NATIONALISM" AND INSERT "THEM" IN THE LOTH WHEREAS. 0 Councilmember L. Johnson commented without naming it, it will be harder to address. White nationalism is on the rise and by not naming it, the council is doing a disservice to what is actually going on. It is white supremacy rebranded with new language and it has seeped into politics and can be seen at the federal level and especially boys being indoctrinated into it. The use of "them" seems as if the council is afraid to say it; it needs to be named and called what it is. She did not support the proposed change as it o dilutes the hard work Councilmember Paine did, it is the council trying to tiptoe around the issue, and it waters down the intent of the resolution. Councilmember Paine expressed the hope that the council would support the resolution as submitted. She referred to what happened in Buffalo, New York and what has happened nationally. Commemorating D- Day, the Battle of Midway and the atrocities of WWII illustrate how damaging white nationalism is to the community. It has been 78 years since D-day, when Allied troops gave blood. There was bloodshed across the nation this last weekend and overwhelmingly atrocious gun violence. Kids are afraid to go to school, parents are afraid to send their children to school. She urged the council to support the resolution as history cannot be ignored. Council President Olson asked if Councilmember Tibbott would accept a friendly amendment and retain "white nationalism" and add "other hate ideologies." COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD "OTHER HATE IDEOLOGIES." Councilmember Tibbott expressed support for that amendment or listing the 4-5 groups. Councilmember Paine commented hateful ideologies is already in that whereas and she preferred the c resolution remain as is. She did not think the resolution would be controversial considering all the recent history. ti c Councilmember Chen thanked and applauded Councilmember Paine for her hard work drafting the resolution. It is the right thing to do to point out what the United States is experiencing as a nation and he supported the proposed amendment to add "hate ideology." He pointed out in the shooting in California, M the shooter was an Asian American; not all shootings are done by white nationalism. He expressed Q support for the amendment to add "other hate ideology" to the 10' whereas. Mayor Nelson restated the substitute amendment: TO ADD "OTHER HATE IDEOLOGIES." Edmonds City Council Approved Minutes June 7, 2022 Page 2 Packet Pg. 463 9.4.g UPON ROLL CALL, AMENDMENT CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT, BUCKSHNIS, AND L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER PAINE VOTING NO. Councilmember L. Johnson proposed amending section 2, paragraph A, to read, "wish to do harm." She was concerned with attaching semi -automatic firearms to the statement "to harm themselves," and preferred it refer to harm to others. She said the current wording touched on suicide which is not what this resolution addresses. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO CHANGE SECTION 2, PARAGRAPH A TO "WISH TO DO HARM." UPON ROLL CALL, AMENDMENT CARRIED (6-1), COUNCILMEMBERS CHEN, TIBBOTT, BUCKSHNIS, PAINE AND L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBER K. JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 2. YOUTH COMMISSION ANNUAL REPORT AND SENIOR RECOGNITION Youth Commission members Julie Andres, Sam Yi, Finn Paynich, and Aaron Nateephaisan were present. Deputy Parks, Recreation, Cultural Arts and Human Services Director Shannon Burley provided an introduction. Youth Commission Coordinator Casey Colley reviewed: Congratulating graduating seniors o Owen Lee (they/he) ■ Attending Occidental College to study Critical Theory & Social Justice or Urban & Environmental Policy ■ Enjoyed getting to participate in and learn firsthand about government decision -making ■ Plans to stay engaged with politics and government while also focusing on community organizing and other forms of social change o Sydney Pearson (she/her) ■ Attending Scripps College leaning towards social sciences and humanities ■ Has valued getting to understand city government while learning how to make an impact through politics and seeing changes in the community from work our commission has accomplished ■ Wants to work directly with members of the greater community in my college area and to advocate for mental health resources and programs on campus o Aaron Nateephaisan (he/him) ■ Plans to take a pre-med track and pursue a career in healthcare. ■ Attending the University of California- Los Angeles (UCLA) to study Human Biology and Society. ■ Enjoyed interacting with the community in a new way and helping our community by volunteering my time and offering opinions on diverse topics. ■ Plans to be involved in government. UCLA offers human biology and society, which focuses on health disparities within different communities and highlights the role of government and policies in these issues. o Brooke Rinehimer (she/her) ■ Pursuing a degree in chemical engineering at the University of California, Santa Barbara c m E Q Edmonds City Council Approved Minutes June 7, 2022 Page 3 Packet Pg. 464 I 9.4.h I Multi -State Commitment to Reproductive Freedom For fifty years, the United States has recognized the right to reproductive freedom as critical to guaranteeing every person has control over their own bodies, and privacy regarding their most intimate reproductive choices. Reproductive freedom - including the choice of when and whether to have children - is foundational to a person's autonomy, dignity, and ability to participate fully in economic, social, and civic life. The U.S. Supreme Court's decision to overturn half a century of settled precedent and rescind the U.S. Constitution's protection of reproductive freedom jeopardizes safe access to reproductive healthcare across the United States. Today, over half the states in this country outright ban or severely restrict access to abortion. In many states, patients, doctors, and other health care providers now face criminal prosecution for receiving or providing abortion health care. Health care providers also face civil liability or loss of their medical licenses. Emboldened by the U.S. Supreme Court's leaked and now final decision, anti - choice states are considering legislation to extend the effect of their laws outside their own territorial borders. They seek to criminalize patients who travel to other states where abortion healthcare is legal, as well as the health care providers offering services and anyone else who helps patients access that care. Other states are considering bans on contraception, including IUDs and morning -after pills. Even more crackdowns on reproductive freedom are certain to follow. We will not stand on the sidelines as these attacks mount. Through this Multi -State Commitment to Reproductive Freedom, the undersigned states will defend access to reproductive healthcare, including abortion and contraceptives. Together, we commit to work to: • Protect against efforts by states hostile to abortion rights to target patients who receive legal reproductive healthcare services in our states, those who support patients in accessing reproductive healthcare services in our states, and licensed medical professionals who provide legal reproductive healthcare services in our states; and • Protect against judicial and local law enforcement cooperation with out- of-state investigations, inquiries, and arrests regarding the provision of, receipt of, inquiry about, or assistance with obtaining abortion and other reproductive healthcare services that are legal in our states; and • Refuse non -fugitive extradition of individuals for criminal prosecution for receiving legal reproductive healthcare services in our states, supporting patients in accessing reproductive healthcare services in our states, or providing legal reproductive healthcare services in our states, and charge our state judiciaries with not issuing subpoenas or summons in cases where prosecution is pending, or where a grand jury investigation has commenced or is about to commence, for a civil or criminal violation of a law of another state involving the provision or receipt of or assistance with lawful reproductive healthcare services accessed in one of our states; and S 0 :r 0 0 E U 2 a Packet Pg. 465 1 I 9.4.h I • Protect against the misuse of medical records and other personal and sensitive health information to target patients who receive legal reproductive healthcare services in our states, those who support patients in accessing legal reproductive healthcare services in our states, and licensed medical professionals who provide legal reproductive healthcare services in our states; and • Protect against adverse actions by personal or professional liability insurers against those who assisted an individual from out-of-state in receiving an abortion or other reproductive healthcare services in our states, solely on that basis; and • Defend and protect licensed medical professionals in continuing to provide reproductive healthcare, in compliance with state and federal law, including by supporting legislative and executive actions to protect c .W licensed medical professionals from adverse actions by licensing boards c and liability insurers solely because the professionals provided reproductive healthcare services in our states consistent with state and federal law and standards of care, when the claims are based on laws in other states that are hostile to abortion rights and are contrary to the public policy of our states; and Q • Promote greater access to abortion care services, including by expanding r access to medication abortion, removing barriers to telehealth for reproductive healthcare services, and growing the pool of qualified U� practitioners who may provide abortion and other reproductive o healthcare services; and • Defend against false and misleading reproductive healthcare information. This commitment was made and issued jointly by the undersigned on this 24th day of June 2022. 44o4-- GAVIN NEWSOM Governor of California kkt U KATE BROWN a Governor of Oregon JAY IRfLEE Governor of Washington Packet Pg. 466 1 9.4.i SENATE BILL REPORT As of January 18, 2022 Title: An act relating to material changes to the operations and governance structure of participants in the health care marketplace. Brief Description: Concerning material changes to the operations and governance structure of participants in the health care marketplace. Sponsors: Senators Randall, Rolfes, Das, Dhingra, Frockt, Hunt, Keiser, Lovelett, Nobles, Pedersen, Robinson, Saldana, Salomon, Stanford, Trudeau and Wilson, C.. Brief History: Committee Activity: Law & Justice: l/18/22. Brief Summary of Bill • Modifies reporting requirements for mergers, acquisitions, or contracting affiliations between hospitals, hospital systems, or provider organizations (parties). • Requires parties to submit additional documentation related to charity care; access to care, including reproductive, gender -affirming, emergency, and end -of -life care; all current policies and procedures; and explanations of how any of these areas would be affected by the proposed transaction. • Requires the attorney general to determine, through a public process, if the transaction would detrimentally affect the continued existence of accessible, affordable health care in the state for at least ten years after the transaction occurs. • Gives the attorney general authority to place conditions or modifications on the transaction, or disapprove of the transaction if the transaction will be detrimental to accessible, affordable health care. • Requires the attorney general to monitor an approved transaction for at This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report -1- SB 5688 Packet Pg. 467 least ten years to ensure compliance with all access and affordability requirements. SENATE COMMITTEE ON LAW & JUSTICE Staff: Tim Ford (786-7423) Background: In 2019, the Legislature passed comprehensive reform in SHB 1607 requiring hospitals, hospital systems, and provider organizations to provide prior written notice to the attorney general for certain transactions that result in a material change. Notice of Material Change Required. Each party to a transaction that results in a material change must submit written notice to the attorney general at least 60 days before the effective date of the transaction. A material change includes a merger, acquisition, or contracting affiliation between two or more of the following types of entities: • hospitals; • hospital systems; or • provider organizations. A material change includes proposed mergers, acquisitions, or contracting affiliations between a Washington entity and an out-of-state entity where the out-of-state entity generates $10 million or more in health care services revenue from patients residing in Washington. Any party to a material change that is licensed or operating in Washington must submit the required notice. A material change does not include a merger, acquisition, or contracting affiliation between two or more hospitals, hospitals systems, or provider organizations that had common ownership or a contracting affiliation prior to the transaction. Notice Contents. The written notice provided by each party must include: • the names of the parties and their current business addresses; • identification of all locations where health care services are currently provided by each party; • a brief description of the nature and objectives of the proposed material change; and • the anticipated effective date of the proposed material change. A party may voluntarily supply the attorney general with additional information. The attorney general must make any requests for additional information from the reporting parties within 30 days of the date the notice of material change is provided. This requirement does not preclude the attorney general from conducting an investigation or enforcing state or federal antitrust laws at a later date. Notice of Filings Under the Federal Hart-Scott-Rodino Act Required. Any provider or Senate Bill Report -2- SB 5688 Packet Pg. 468 9.4.i provider organization conducting business in Washington that files a premerger notification with the Federal Trade Commission or the United States Department of Justice in compliance with the federal Hart-Scott-Rodino Antitrust Improvements Act is required to provide written notification to the attorney general of the filing. Providing a copy of the federal filing to the attorney general satisfies the notice requirement for material changes. Materials Submitted to the Attorney General. Information submitted to the attorney general must be maintained in the same manner and under the same protections as required by other provisions of the Consumer Protection Act (CPA) that restrict the use of documents and materials produced under civil investigative demands. The information must not be produced for inspection or copying pursuant to the Public Records Act by the person who produced the information unless otherwise ordered by a court for good cause. Nothing in the act expands the attorney general's authority under the CPA, state and federal antitrust law, or other law. Penalty for Noncompliance. A person who fails to comply with the act is subject to a civil penalty up to $200 for each day of noncompliance. Failure to comply does not create a private cause of action. Summary of Bill: Standards and Definitions. No material change transaction may take place if it would detrimentally affect the continued existence of accessible, affordable health care in Washington State for at least ten years after the transaction occurs. The material change transaction must result in the affected communities having the same or greater access to quality, affordable care, including: • emergency care; • primary care; • reproductive care; • end -of -life care, including services provided in accordance with the Washington Death with Dignity Act; and • gender affirming care. "Gender affirming care" is defined to be a service or product prescribed by a health care provider to treat any condition related to an individual's gender identity. Gender affirming care must be covered in a manner compliant with the federal Mental Health Parity and Addiction Equity Act of 2008, and the Federal Patient Protection and Affordable Care Act of 2010. Gender affirming care can be prescribed to two- spirit, transgender, nonbinary, intersex, and other gender diverse individuals. Health care services may be provided virtually, on -demand, or in brick and mortar settings. Notice Requirements. The period of time for required notice to the attorney general prior to the effective date of a material change transaction is changed from 60 to 120 days. There are additional reporting requirements related to material change for: • transactions involving parties that serve low-income or underserved populations, to Senate Bill Report -3- SB 5688 Packet Pg. 469 9.4.i demonstrate that at least 50 percent of their revenue comes from Medicaid or other governmental funding for servicing those populations; and • transactions involving hospitals, to submit documentation related to charity care, access to care, including reproductive, gender -affirming, emergency, and end -of -life care, all current policies and procedures, and explanations of how any of these areas would be affected by the proposed transaction. Attorney General Authority and Responsibilities. For transactions involving hospitals, the attorney general is required to determine, through a public process, if the transaction would detrimentally affect the continued existence of accessible, affordable health care in the state for at least ten years after the transaction occurs. If so, the attorney general may place conditions or modifications on the transaction, or disapprove of the transaction. The attorney general is required to monitor an approved transaction for at least ten years to ensure compliance with all access and affordability requirements. The attorney general is not required to make public any information submitted pursuant to its investigative authority under the CPA, or any information or analysis associated with an investigation under the CPA. The attorney general may adopt rules necessary to implement this law and may contract with qualified persons to assist with determining whether parties or successor persons are in compliance with the requirements of this law. By January 2024, the attorney general shall complete a study on the impact of health care mergers and acquisitions in Washington State to include: • the impact on costs to consumers and health sponsors for health care; and • any increases or decreases in the quality of care. Civil Penalties. Penalties for violating the notice requirements to the attorney general are changed to up to 15 percent of the value of the material change transaction at the discretion of the attorney general, from the established civil penalty of no more than $200 per day. Appropriation: None. Fiscal Note: Requested on January 17, 2022. Creates Committee/Commission/Task Force that includes Legislative members: No. Effective Date: The bill takes effect on January 1, 2023. Staff Summary of Public Testimony: PRO: Washington has long been a leader in health care access including reproductive health care. There are still gaps for health care access. We need to take a look at health care mergers. In Washington, 45 percent of our hospitals are led by religiously affiliated systems. In some counties that means that secular health Senate Bill Report -4- SB 5688 Packet Pg. 470 9.4.i care is not available. This bill will expand health care. Consolidations do not improve health care. There is minimal government oversight. Health systems receive millions of tax dollars and must be held accountable. Reproductive health is basic care that most people need at some point in their life. Washington health care systems merge and prevent their new employees from providing abortion and other care. The impact is worse for people in rural areas, communities of color, LGTBQ people, and young people. CON: Rural hospitals are financially vulnerable. Primary care is a critical care for our community. This bill is too rigid and we need to be nimble. Its inflexibility makes it too difficult to find a partner to provide health care. Our healthcare transactions stabilize and expand access to health care. We provide a full range of reproductive health care. There are few mid -sized independent hospitals in the state. The sustainability of health care access depends on being able to maintain operating margins. This bill makes health care systems more expensive to maintain. Persons Testifying: PRO: Senator Emily Randall, Prime Sponsor; Lannette Sargent; Leah Rutman, ACLU of Washington; Yvette Maganya, Planned Parenthood Alliance Advocates - Serving Washington; Katharine Weiss, WA State Nurses Association; Berit Madsen, MD; Pattie Pritchard; Sam Hatzenbeler; Susan Young, Self. CON: William Robertson, MultiCare Health System; Jennifer Burkhardt, Olympic Medical Center; Peter Rutherford, Confluence Health; Douglas Ross; Zosia Stanley, Washington State Hospital Association; Lisa Thatcher, Washington State Hospital Association; Brad Payne, Family Policy Institute of Washington; Rodney Anderson, MD; Roman Daniels - Brown, WA State Medical Association; Rebecca Faust. Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -5- SB 5688 Packet Pg. 471