2023-06-06 City Council PacketOp E D
o Agenda
Edmonds City Council
tnl. }nyo REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
JUNE 6, 2023, 7:00 PM
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"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. PRESENTATIONS
1. LGBTQ+ Pride Month Proclamation (5 min)
2. Juneteenth Proclamation (5 min)
3. Youth Commission Annual Report and Senior Recognition (15 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
Edmonds City Council Agenda
June 6, 2023
Page 1
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.
7. RECEIVED FOR FILING
1. Claim for Damages for filing (0 min)
2. Written Public Comments (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Special Meeting Minutes of April 28, 2023
2. Approval of Special Meeting Minutes of May 23, 2023
3. Approval of Regular Meeting Minutes of May 23, 2023
4. Correction to Edmonds City Council Approved Minutes, April 4, 2023
5. Approval of claim checks and wire payments.
6. Approval of payroll and benefit checks, direct deposit and wire payments.
9. PUBLIC HEARING
1. Citizen -initiated Code Amendment to Allow Daycare Businesses as a Primary Permitted Use in
the Neighborhood Business (BN) Zone (AMD2023-0001)
10. COUNCIL BUSINESS
1. Connecting Housing to Infrastructure Program (CHIP) Capital Agreement with Commerce (5 min)
2. Adopt ordinance to add compost procurement requirement in compliance with RCW
43.19A.150 (10 min)
3. 2024-2029 Six -Year Transportation Improvement Program (20 min)
4. ERP Implementation Update (25 min)
5. Draft Ordinance amending ECC 10.01 Boards and Commissions and ECC 1.05.030 and Supporting
Staff Proposed Policy (20 min)
11. MAYOR'S COMMENTS
12. COUNCIL COMMENTS
ADJOURN
Edmonds City Council Agenda
June 6, 2023
Page 2
4.1
City Council Agenda Item
Meeting Date: 06/6/2023
LGBTQ+ Pride Month Proclamation
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
Pride month is an annual celebration of the many contributions made by the LGBTQ+ community to
history, society and cultures worldwide. It is celebrated throughout the month of June in
commemoration of its roots in the Stonewall Riots of June 1969.
Staff Recommendation
Narrative
Pride Month both honors the movement for LGBTQ+ rights and celebrates LGBTQ+ culture.
Attachments:
LGBTQ+ Pride Month 2023
Packet Pg. 3
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City of Edmonds • Office of the Mayor
JUNE 2023 IS LGBTQ+ PRIDE MONTH
WHEREAS, our nation was founded upon the declaration that all people are created
equal; that life, liberty, and the pursuit of happiness are among the
inalienable rights of every person; and that each person shall be accorded
the equal protection of the law; and
WHEREAS, the LGBTQ+ community has made great strides forward, but equality,
inclusion, and acceptance have not yet been fully achieved. We must
practice these values and teach them to future generations; and
WHEREAS, the City of Edmonds supports the rights of every citizen to enjoy equality
and freedom from discrimination; and
WHEREAS, on June 28, 1969, patrons of the Stonewall Inn in New York City rose up
and resisted police harassment that had become all too common for
members of the LGBTQ+ community. Out of this resistance, the LGBTQ+
rights movement in America was born. During LGBTQ+ Pride Month, we
commemorate the events of June 1969 and commit to achieving equal
justice under the law for the LGBTQ+ community.
NOW, THEREFORE, I, Mike Nelson, Mayor of the City of Edmonds, do hereby proclaim
June 2023 as
LGBTQ+ PRIDE MONTH
in the City of Edmonds and encourage all residents to celebrate the progress within our
society towards justice, equality, and full civic recognition for LGBTQ+ persons and to
join together in the struggles that remain to achieve true justice and equality.
Mike Nelson, Mayor - June 6, 2023
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4.2
City Council Agenda Item
Meeting Date: 06/6/2023
Juneteenth Proclamation
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
Juneteenth commemorates the day on June 19, 1865, when African slaves in Texas were told by Major
General Gordon Granger that their 246 years of slavery had ended, and it is the oldest known
celebration commemorating the ending of slavery in the United States.
Staff Recommendation
Narrative
To honor the history of African -American and Black people, their heritage, culture, achievements, and
contributions, the City of Edmonds recognizes June 19 as Juneteenth Independence Day.
Attachments:
Juneteen 2023
Packet Pg. 5
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City of Edmonds . Office of the Mayor
PROCLAIMING JUNE 19 AS JUNETEENTH INDEPENDENCE DAY IN THE
CITY OF EDMONDS
WHEREAS, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, which directed, "...all
persons held as slaves within any State or designated part of a State, the people whereof shall then be in
rebellion against the United States, shall be then, henceforward, and forever free"; and
WHEREAS, the Emancipation Proclamation did not instantly free enslaved peoples because it only applied to places under
Confederate control and not to border states or rebel areas under Union control that enslaved people; and
WHEREAS, Juneteenth commemorates the day on June 19, 1865, when enslaved Black and African Americans in Texas were
told by Major General Gordon Granger that their 246 years of enslavement had ended; and
WHEREAS, news of the end of enslaved peoples did not reach the frontier areas of the United States until months after the
conclusion of the Civil War, more than 2 X years after President Abraham Lincoln issued the Emancipation
Proclamation on January 1, 1863; and
WHEREAS, enslaving people was not officially abolished until the ratification of the 131h Amendment to the Constitution of
the United States in December 1865; and
WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of enslaving people in the United
States; and
WHEREAS, Juneteenth symbolizes for many Blacks and African Americans what the Fourth of July does for all Americans —
liberty, freedom, and justice for all; and
WHEREAS, Juneteenth is a day for us to reflect on the suffering caused by enslavement, acknowledge the evils of hatred and
discrimination, and commit to being allies of our Black and African American friends, family, and neighbors; and
WHEREAS, Africans who were enslaved left a legacy of determination, strength, heroism, and hope, and Juneteenth is a
time for Blacks and African Americans and their fellow Americans to celebrate and honor this legacy; and
WHEREAS, the City of Edmonds recognizes the history of African American and Black people, including the obstacles placed
before them through institutionalized racism, and values their heritage, culture, achievements, and
contributions; and
WHEREAS, the City of Edmonds commends organizations such as the Snohomish County Branch of the National Association
for the Advancement of Colored People, Communities of Color Coalition, the Lift Every Voice Legacy, Snohomish
County Black Heritage Society, the City of Edmonds Diversity, Equity, Inclusion and Accessibility Commission, the
Edmonds School District, and others for their continued efforts to secure equity, inclusion and equal rights in all
facets of American life and ensure opportunity for all; and
WHEREAS, in 2021 the Washington State Legislature and Governor established Juneteenth as a legal state paid holiday;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Edmonds City Council, do hereby recognize now and in the future, June
19 as Juneteenth Independence Day in the City of Edmonds.
i
Mayo • ike Nelson —June 6, 2023
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4.3
City Council Agenda Item
Meeting Date: 06/6/2023
Youth Commission Annual Report and Senior Recognition
Staff Lead: Casey Colley
Department: Parks, Recreation & Human Services
Preparer: Shannon Burley
Background/History
The Youth Commission was established in June 2018, appointing the first members in December 2018
and January 2019. There are eleven (11) seats on the Youth Commission, nine (9) voting and two (2)
alternates; each Council member appoints one (1) voting seat and the Mayor appoints two (2) voting
seats and two (2) alternates.
The goal is to provide a place for teen -aged youth to advocate for themselves and to bring attention to
issues that affect them; while providing youth an opportunity to gain governing skills; accountability and
learn the structure of local government.
Staff Recommendation
N/A Presentation Only
Narrative
2022-23 was a busy and successful year for the Edmonds Youth Commission returning to in person
meetings! The Youth Commission annual report (attached) highlights the work completed this year.
2022-23 accomplishments are centered around: organization, networking, creating opportunities for
youth, publicity and commissioners.
In addition, the commission recognizes three graduating seniors:
Sam Yi (he/him) - Youth Commission Chair, served since 2022, and has been on the
commission for two (2) years. Sam is graduating from Kings High School and will be
attending University of Washington next year.
Julie Andres (she/her) - served on the commission for two (2) years. Julie is graduating from
Woodway High School and will be attending the University of Washington next year.
Naomi Machyo (she/her) -served on the commission for one (1) year. Naomi is graduating
from Woodway High School and will be attending Loyola Marymount University in Los
Angeles California.
The graduating seniors will be missed as their leadership skills have all grown significantly during their
terms. These three open positions will be filled during Fall recruitment. The 8 remaining commissioners
will be returning for the 2023-24 school year to complete their term.
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4.3
Attachments:
2023 EYC Annual Report
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First,
a moment to thank our
graduating seniors.
Congratulations and good luck class of 2023!
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Sam Yi
• Attending the University of
Washington to study psychology
• Favorite part of EYC: really
enjoyed the opportunity to
engage with youth outside of my
own circles and get a small
glimpse into the political
process.
• 1 could see myself taking a
leadership position at UW
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Julie Andres
• Attend the University of Washington
Undecided
• Favorite part of EYC: staying informed
and discussing local issues with fellow
commissioners & city council members
Planning to continue volunteering,
following local government, and
advocating for policies that uplift the
community
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s Naomi Machyo
• Attend Loyola Marymount University in
" Los Angeles, CA
Major in Finance & minor in Political
Science
Favorite part of EYC: Learning about
government policy in a welcoming and
supportive environment
t sty;
Best wishes for your
future endeavors!
Introduction
• Youth Commission had 8 seats to fill
• We returned to fully in -person mee
• It's been a productive but challenging
Contents:
• Activities and accomplishments from thi
past year
• Speakers we've heard from this past ye
• Activities we hope to continue next year
• Future goals for the Commission
Activities and Accomplishments
Youth forum event at the Waterfront Center
Established regular check -ins with the Diversity, Equity, Inclusion
and Accessibility Commission
Spoke with Michelle Li about the May Book Project
Established oversight of City Council agenda
Partnership for Earth Day beach cleanup event
Hosted an ivy pull & park cleanup at Pineridge Park
Growing IG presence, content & youth resources
Packet Pg. 17
' 4.3.a
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Beach cleanups
Habitat restoration
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Speakers we have Heard from this Past Year
Domestic Violence Services of Snohomish County
Climate Action Plan with the Planning & Development
Department
Diversity, Equity, Inclusion and Accessibility Commission
Packet Pg. 23
Activities and Goals for Next Year
Collaborate with other boards and commissions
Partner for the Earth Day City event
Hold another youth forum or similar event
Connect more with the youth of Edmonds (polls,
events, opportunities, Instagram, etc.)
Follow City Council meetings & give input
Create annual work plan in September
Become more active in the community
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7.1
City Council Agenda Item
Meeting Date: 06/6/2023
Claim for Damages for filing
Staff Lead: NA
Department: Administrative Services
Preparer: Marissa Cain
Background/History
N/A
Staff Recommendation
Acknowledge receipt of Claims for Damages for filing.
Narrative
Raphael Rodriguez
Olympic View Drive, Edmonds
($213,851)
Attachments:
Claim for Damages - Raphael Rodriguez - for council
Packet Pg. 26
7.1.a
CITY OF EDMONDS
CLAIM FOR DAMAGES FORM
Date Claim Form
Received by City
Raphael N Rodriguez who currently resides at
Please take note that - ---
mailing address
home phone # . work phone # . and who resided at
_ at the time of the occurrence and whose date of birth is is claiming damages
against City of Edmonds in the sum of $ 213,851 + arising out of the following circumstances listed below.
December 27, 2022 TIME: 0530
DATE OF OCCURRENCE: to
LOCATION OF OCCURRENCE: 18418 Olympic View Drive Edmonds WA 98020 E
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DESCRIPTION: 12
1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. E
S se aratesheet Mind .,..Mitts v
(attach an extra sheet for additional information, if needed)
2. Provide a list of witnesses, if applicable, to the occurrence inclv-"-^ "� oc arlrimmu--t. and nhone numbers.
Mrs. Lilian Wu and Yutian Yao
3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair.
(Embankment/hlllside mitigation to be done) X
4. Have you submitted a claim for damages to your insurance company? Yes No
If so, please provide the name of the insurance company: Mutual of Enumclaw
and the policy #: [Copy of denial letter included]
ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY
License Plate #
_ Driver License #
Type Auto:
(year)
(make) (model)
DRIVER:
OWNER:
Address:
Address:
Phone#:
Phone#:
Passengers:
Name:
Name:
Address:
Address:
Page I of 2
Form RcvLicd 0 OW2021
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This Claim form must be signed by the Claimant, a person holding a written power of attomey from the Claimant, by the
attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a
court -approved guardian or guardian ad litem on behalf of the Claimant.
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
,kil R
Signature of Claimant
Or
Signature of Representative
Print Name of Representative
3/21/2023
Date and place (residential address, city and county)
Date and place (residential address, city and county)
Bar Number (if applicable)
Please present the completed claim form to:
ronn Rcvi,cd O4,'09i2021
City Clerk's Office
City of Edmonds
121 51h Avenue North
Edmonds, WA, 98020
8:00 a.m. to 4:30 p.m.
Page 2 of 2
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7.1.a
3/19/2023
City of Edmonds Claim for Damages Form
Description
1. During the last two weeks of December, 2022, snowing occurred on 12/21-12/22,
followed by an ice storm on 12/23. Then, subsequent melting on 12/24 and 12/25 along
with heavy rainfall on the evening of 12/26 and the morning of 12/27 resulted in
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overwhelming a decommissioned stormwater drain (which originates @ 18529 Olympic
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View Drive [across the street] and continues under Olympic View Drive ending onto my
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neighbors' property @ 18430 Olympic View Drive). As a result, flooding occurred onto
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my property with damages to the following systems:
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M drainage systems were totally incapacitated resulting in flooding to driveway, into
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my garage and thence into the home (kitchen, bathroom, basement). Flooding also
occurred through my front doors and onto the flooring. Additional flooding occurred on
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the north and south sides of my home resulting in damage to my HVAC unit, and
resulting landslides on the south and north portions of the westward -facing
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embankment. The northward- occurring landslide damaged the fence, the existing
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hedges and caused the gazebo to tilt to the hillside. The southward- occurring landslide
resulted in furthering erosion of that portion of the hillside (including part of my
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neighbor's property (18500 Olympic View Drive) and a mudslide onto the railroad tracks
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below.
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7.2
City Council Agenda Item
Meeting Date: 06/6/2023
Written Public Comments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Staff Recommendation
Acknowledge receipt of written public comments.
Narrative
Public comments submitted to the web form for public comments
<https://www.edmondswa.gov/publiccomment>
between May 18, 2023 and May 31, 2023.
Attachments:
Public Comments June 6, 2023
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7.2.a
Edmonds City Council Public Comments —June 6, 2023
Online Form Submitted on 5/19/2023 3:45:29 PM
FirstName Natalie
LastName Seitz
Email
CityOfResidence Edmonds
AgendaTopic CG Zone
Comments I am commenting tonight as a resident of the City of Edmonds. Good Evening. I would
appreciate your support the proposed code amendments (permanent ordinance for design review
processes and building step backs in the CG zone to replace interim Ordinance 4283, 5/16/23 agenda
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item 9.1). These amendments are a huge stride towards meeting the community vision of the 2017 up-
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zone and provide much needed transparency to the community. I also want to voice concern over the
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delay in the Supplemental Environmental Impact Statement (SEIS) for the upzone. I feel strongly that it
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should be undertake as soon as possible and incorporate a robust public process. I also feel strongly that
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the SEIS should not be undertaken within the same contract as the comprehensive plan, or any other
City efforts. Undertaking the SEIS in the same contract as other efforts jeopardizes the funds that the
City Council has set aside unless strong protections are put in place to prevent the transfer of SEIS funds
to other tasks. Thank you for your time and consideration of these comments. N
Online Form submitted on 5/23/2023 4:20:24 PM
Name Value
FirstName Ken
LastName Reidy
Email
CityOfResidence Edmonds
AgendaTopic Audience Comments for May 23, 2023 Regular Meeting
Comments One positive that should result from the multiyear Ebb Tide litigation is that Edmonds
City Government can no longer act as if it doesn't know about a Servient Estate's Legal Right to Due and
Reasonable Enjoyment of their Fee Title Property. Edmonds City Government has documented in writing
that it is aware of the following: In Thompson v. Smith, 59 Wn.2d 397, 367 P.2d 798 (1962), the
Washington State Supreme Court recognized that, in the context of an easement dispute, the respective
rights of the owners of the servient estate and the dominant estate are not absolute and that their
respective rights "must be construed to permit a due and reasonable enjoyment of both interests so
long as that is possible." 59 Wn.2d at 408-09. Hopefully, Edmonds City Government's desire to treat
third parties as if they have the right to use unopened rights -of -way will FINALLY COME TO AN END. For
example, the concept of children having the legal right to play in a hedge in an unopened right-of-way,
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7.2.a
Edmonds City Council Public Comments —June 6, 2023
as discussed during the September 20, 2022 Council Meeting. I wonder how WCIA would argue that
Edmonds City Government is not liable for anything that happens in an unopened right-of-way after
what the City Attorney represented during the September 20, 2022 Council Meeting. Another example,
Edmonds School District (ESD) and its unpermitted private stormwater pipe located within the
UNOPENED RIGHT-OF-WAY ADJACENT TO THE SOUTHERN BOUNDARIES OF 10410, 10430, 10502,
10510, 10518 AND 10526 231ST ST. SW. Why did Edmonds City Government require the Servient Estate
to grant the ESD an easement rather than informing the ESD they needed to remove their unpermitted
private utility pipe? Would Edmonds City Government have treated me better if I had been a third party
rather than the servient estate? If a third party had built a shed on my land without a permit, would
Edmonds City Government have made me grant that third party an easement so their shed could remain
on my land? Based on the historical conduct of Edmonds City Government, these are reasonable
questions. Please appreciate Servient Estate legal rights! And 742 Daley Street teaches us that due and
reasonable enjoyment of both interests so long as that is possible can apply AFTER Edmonds City
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Government has improved and opened a street or alley. I hope all will give these matters deep
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consideration. Thank you.
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8.1
City Council Agenda Item
Meeting Date: 06/6/2023
Approval of Special Meeting Minutes of April 28, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Committee Meeting minutes as part of the Consent Agenda.
Narrative
The Council committee meeting minutes are attached.
Attachments:
20230428 Special Meeting Retreat
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8.1.a
EDMONDS CITY COUNCIL RETREAT
DRAFT MINUTES
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor (arrived at 9:25 a.m.)
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Dave Teitzel, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
EDC MEMBERS PRESENT
Nicole Hughes, Chair
Kevin Harris, Vice Chair
Darrol Haug
Kevin Smith
John J. Hoag, DDS
Matt Cox
Natalie Seitz
David Preston, Port of Edmonds liaison
1. CALL TO ORDER
April 28, 2023
STAFF PRESENT
Michelle Bennett, Police Chief
Dave Turley, Administrative Services Director
Rod Sniffen, Assistant Police Chief
Oscar Antillon, Public Works Director
Angie Feser, Parks, Rec., & Human Serv. Dir.
Todd Tatum, Comm., Culture, Human Services &
Econ. Dev. Dir.
David Levitan, Planning Manager
Emily Wagener, Senior Human Resources Analyst
Uneek Maylor, Court Administrator
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Beckie Peterson, Council Executive Assistant
Jeannie Dines, Recorder
GUESTS
Mike Bailey, Facilitator
The Edmonds City Council retreat was called to order by Council President Tibbott at 9:00 a.m. in the
Brackett Meeting Room, 121 5t' Avenue N, City Hall — 3' Floor, Edmonds.
2. LAND ACKNOWLEDGEMENT
3. ROLL CALL
4. RETREAT BUSINESS — COUNCIL, MAYOR, CITY STAFF
A. INTRODUCTIONS
Council President Tibbott introduced facilitator Mike Bailey and described his background.
Councilmembers and staff introduced themselves.
Mr. Bailey described his background which includes working with Redmond, Renton, Lynnwood, Everett,
Wenatchee, Tacoma Metro Parks, Pierce County, MRSC, GFOA, and currently Northshore School District.
Edmonds City Council Draft Minutes
April 28, 2023
Page 1
Packet Pg. 34
8.1.a
He advised today's presentation will be a balance between basics covered in the past and topics of interest
to the City and relevant to current discussions.
B. BIENNIAL BUDGETING
Mr. Bailey explained his intent is discuss pros and cons of biennial budgeting; he prefers biennial budgeting.
The fundamental difference between annual and biennial budget is it changes from looking 12 months
ahead to looking two years ahead and thinking about things in a longer term context, more of a policy
oriented, big picture, strategic context versus balancing the next year's budget. He reviewed:
• Experiences with Lynnwood, Renton and Redmond
o Lynnwood -moved from annual budget to biennial while I was finance director
■ Wasn't able to become mature in my brief tenure after the change
o Renton -had just reverted back to annual from biennial
■ They fell into the trap of making the mid -biennium review another full budget process
o Redmond -was a very mature biennial budget when I arrived in 2008
■ This provided a picture of how it could work
■ Mid -biennium review was essentially a staff report
• From my experiences:
o Provides potential for fundamental shift in thinking about financial planning
■ Much more than just 2 years versus 1 year
■ Creates more future thinking (rather than just balancing the next one-year budget)
o Relatively easy from a mechanical standpoint
o Complicates forecasting
■ Revenue forecasting
■ Expenditure forecasting (compensation)
o Budget should be sensitive to economic environment
o Create 2-year assumptions regarding budget items
o No perfect time to change to biennial budget
■ There will always be some reason to delay, but they can be addressed in mid -biennium
review
o Many different models of biennial budgeting
o Opportunity to develop additional financial policies (examples on MSRC or GFOA)
Risks and approaches
o Two years of appropriations (risk - expenses will be undisciplined)
■ Interim financial reporting to monitor for this risk (I didn't see this in my experience)
o Forecasting risk
■ This is the reason for a mid -biennium review -a "true -up" of the assumptions
o Risk - Won't realize the real value
■ Saves time -for sure in the off -budget year (if you remain disciplined)
■ Creates the "off -budget year" which should be "spent" thoughtfully and intentionally
- Improve accountability work, focus on capital budget, strategic planning, review
organizational performance, vet CIP/CFP, etc.
- Occurs in off -election year
- Build into budget calendar
o Approaches
■ Two one-year budgets (some do this well, some don't)
o Avoid pitfalls of biennial budget by adopting financial policies
o Recommend finance committee periodically review internal controls
■ Elected Officials Guide to Internal Controls available on GFOA
o Redmond did quarterly report for council and citizens about the City's finances
o Periodic reporting on capital projects
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8.1.a
Council and staff comments/questions included why the council previously changed from a biennial to an
annual budget, whether it's better to have annual budget in a volatile market, whether it would be possible
to do a hybrid annual/biennial budget, creating internal control policies, RCWs regarding biennial
budgeting, how other cities are adapting without ARPA funding, using a hybrid budget to transition from
annual to biennial budget, productive ways to use time during off -budget year, vetting the CIP/CFP in the
off -budget year, timeline for adopting the CIP/CFP, other cities that utilize a hybrid budget, citizens'
concern that council loses control with a biennial budget process, internal controls to safeguard spending,
policy level vs. administrative level review, steps to move toward a biennial budget, concern biennial
budgeting delegates more authority to the finance director, providing transparency to active citizenry, and
whether to hold a public hearing with a quarterly report on the biennial budget.
Council and staff comments/questions continued regarding whether implementing new accounting software
would preclude changing to a biennial budget, the need to configure the new accounting software for an
annual or biannual budget, additional work a hybrid budget would create for staff, possibly doing
monthly/quarterly reports in a hybrid model, whether a subcommittee similar to the legal assessment
subcommittee could be formed to research and report on annual vs. biannual budget, council controls
(contracting authority and approving positions in the budget) that remain the same with a biannual budget,
making a decision regarding annual vs. biennial budget before implementation of the ERP begins, previous
consideration of a biannual budget, how capital projects are budgeted with a biennial budget, benefits of
biennial budget for capital project planning and implementation, staff providing council more frequent
updates on capital projects, policies to ensure collaboration/conversation if there are changes from the
council's intent, importance of collaboration and trust between admin/staff and council, and establishing
internal controls in the General Fund.
Mr. Bailey reviewed Budget Roles and Responsibilities:
• Reporting "Pyramid"
Reporting "Pyramid"
Policy level
Serior staff level
Middle staff level4
Line staff level A
Transactions 0
Policy makers — make policy
o Provides oversight as necessary
Administration
o Informs policy choices and progress
■ Revenue forecasts / options
■ Programmatic approaches to achieve policy
■ Interim financial reporting
■ Performance management information
o Carries out the policy
■ Organizational structure / resource deployment
■ Oversees activities
o Policy examples on MSRC website
Council and staff questions/comments included elements of union contracts that drive overtime and need
to be included in the budget, concern things happen and council doesn't learn about it until the financial
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report two months later, communication and collaboration between staff and council, staff alerting council
when an anomaly is occurring in the budget, policy thresholds for informing council, and complications
created by a mayor -council form of government.
Mr. Bailey continued his presentation:
• Making policy
o What does this look like?
■ Broad goals / strategic plans
■ Other plans
o Financial policies
■ The "guardrails"
■ Budget policies & calendar
• Provides oversight as necessary
o Reviews reports (at policy level)
■ Interim financial reports, audits, etc.
o Investigates issues (as necessary)
o Updates policy direction (as necessary)
• Administration
o Informs policy choices and progress
■ Regular reviews of status
- Financial status
- Programmatic status
o Carries out the policy
■ Day to day activity
• Example from King Township, ON
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protects and initiatives that enhance quality of life.
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C. BUDGET PROCESS
Mr. Bailey suggested the council develop a budget calendar and begin reviewing financial policies to inform
the budget process. He recommended holding a public hearing early in the budget process (such as in June)
where the council's broad policy goals related to the budget, insights about the upcoming year, etc. could
be provided. He reviewed the following potential schedule:
• Budget Process Timing
o A potential schedule (for fiscal issues)?
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8.1.a
JANUARY
FEBRUARY
MARCH
'1P Period"
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APRIL
MAY
JUNE
1*� Quarter Report
Review AFR *
Call to Budget
JULY
AUGUST
SEPTEMBER
2 Quarter Report
Budget Class
Budget Estimates
OCTOBER
NOVEMBER
DECEMBER
3 Quarter Report
Budget workshops
Budget adopted
*Annual Financial Report
An audit should be included depending on entity size
Council and staff questions/comments included having a town hall versus a public hearing for the public to
provide information, forms of public engagement, citizen survey to identify budget priorities (Kirkland has
good examples of surveys), the National Citizens Survey, allowing citizens to indicate in a survey what
they do not want money spent on, inherent bias with surveys, planning documents that should be
incorporated into the budget, determining council priorities for inclusion in the budget, survey versus a
questionnaire, the difference between wants and needs, changes in government culture in the last decade,
prohibition on gift of public funds, employee wages and benefits the City offers to be competitive, creating
a compensation system that includes education, and surveys as a tool but in the end the council decides.
Budget Calendar
o Sets the expectations and approach for the process
o Council dates and workshop discussions can be sorted out
■ Work around anticipated "issues" (such as the implications of an election)
■ Create some discipline around your approach (and then stick with it)
o Staff can recommend but council should make any edits and adopt it
o Respect the traditional cycle of work within the Finance Office
o Suggest finance director recommend a calendar for council consideration and council adopt by
resolution
Council and staff questions/comments included whether financial projections should be considered by the
full council or finance committee, developing a detailed calendar once the budget is presented to council,
holding informal workshop(s) during the budget season, council posing questions about the budget and staff
responding in writing, and cities/entities with citizen advisory budget committees.
D. REVENUES AND LONG RANGE PLANNING
Mr. Bailey reviewed:
• Revenue Options — Policy Perspective
o What's your policy strategy for financial:
■ Sustainability
- The right "price of government"
° e.g. population x per capita income
- How do you analyze cost versus value delivered?
° e.g. —Utility rate studies (why do we only do this for utilities?)
■ Pursuit of your policy goals (the city can't do everything!)
- Discipline —Create a policy strategy and then stick with it or amend it thoughtfully
o Example:
■ Redmond's Strategic Financial Plan
- Council developed (updated now with support from mayor and staff)
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8.1.a
Policy guidance for
° Six -year financial focus at a "high" policy level
Based on the concept — natural growth in costs will outpace resources
Covers revenue versus programs philosophy
° We can't do everything and there is a limit to what can be afforded
° Total "price of government" approach
° High-level guidance to staff in revenue development / forecasting
Council and staff questions/comments included determining a strategy for financial stability, operating
budget versus capital budget, property taxes are regressive, beginning discussions about a state income tax,
available revenue sources, whether to increase the City's TBD fee, and determining the price of
government.
Mr. Bailey referenced Redmond's Financial Strategy, A Six -Year Long -Range Financial Strategy, that was
included in the retreat materials.
5. RECESS FOR LUNCH
The council retreat was recessed for lunch at 12:02 p.m.
The meeting was reconvened at 1:00 p.m.
6. CONTINUED RETREAT BUSINESS
A. DISCUSSION ON REVENUES WITH ECONOMIC DEVELOPMENT COMMISSION
EDC Members introduced themselves.
Council President Tibbott explained one of reasons he invited the EDC to this portion of the agenda is the
EDC's involvement with revenue sources and to gather input on revenue questions facing the City in the
next budget season such as increasing revenues, cutting costs, etc.
Mr. Bailey explained cities are very constrained in the way they can raise resources. There are opportunities
to be intentional and determine what is the right price of government. There are no obvious or trite answers.
Council President Tibbott commented due to flatlining revenues, inflation, and budget increases this year
and in the future, the council may be considering the possibility of revenue increases. He invited
commissioners' input on the sources of revenue increases such as an increase in property tax or a levy. EDC
input included:
• HB 1110 will increase property values, hereby increasing property tax revenue.
• Progressive taxes versus regressive taxes. Be certain the revenue sources is as equitable as possible,
explain it and ensure it is sustainable. It may be more saleable to the public to do something specific
with a tax increase versus just raise revenue. Consider City assets that could generate short term or
long term revenue.
• It depends — what is the duration of problem and what is the council's concern? Is this a short term
concern or longer term strategy regarding sustainability of revenues?
• Individuals and businesses are dealing with inflationary costs. The state has been aggressively
raising taxes so there is fatigue regarding revenue increases. Regarding property tax increase versus
a levy, property tax increases are difficult for those on fixed income; a levy targeted at a specific
purpose is preferrable but there are other considerations first.
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8.1.a
• Why are those the only two choices? There are many other ways to generate revenue such as
tourism that increases sales tax, development fees, and a business license fee. Think about a
multifaceted approach to increasing revenue and creating a sustainable City government that
provides services but minimizes spending. The right cost of government is an important
consideration. My preference is a levy for a specific purpose so people understand what they are
getting and funds displaced by the levy can be spent in other ways.
• There is an equity issue among businesses also, no one wants to feel unfairly targeted. We need
developers; don't single out one group with punitive fees
• Develop a strategy to make tourism pay such as paid parking
• Prefer a levy, concern with property tax, concern with HB 1110 the state will tax property based
on best use if not developed
• Don't just raise revenue, also need to cut costs
• Contract employees are less expensive than employees because no future pension liability. Get
creative with revenue sources.
• Levies in 2009 for public safety, parks & recreation, and streets failed. Financial transparency and
cooperation between admin and council and getting everyone on the same page is important.
• In 2008 the council cut street paving and building maintenance. Cutting some costs can be helpful,
other cuts just push problems into future. Prioritize how the City spends money.
• What does the council want the EDC to consider? The EDC can try to develop thoughtful ideas for
the council's consideration.
• Potential topic: is there interest in Edmonds prosecuting a test case against the legal doctrine that
income is property and therefore not taxable under the Washington State Constitution?
B. COUNCIL BUDGET PRIORITIES
Mr. Bailey explained why the property tax the City collects does not increase when assessed values increase.
Assessed value x the rate = tax. In Washington, the tax is arbitrarily limited to an increase of 1% (if the
council chooses to increase by 1 %). As the assessed value increases, the levy rate goes down to arrive at a
tax that only increases by 1%. The exception is additions to the tax base from new construction. A property
owners' taxes can also increase due to school district, state, and county levies. Although property owners'
taxes may have gone up, the City's share of the taxes may have gone down.
Discussion followed regarding banked property tax levy, staffing increases in the last couple years, concern
with including a position in the budget and developing a job description later, revenues not keeping pace
with the increase in staff, council has the responsibility for head count and overall compensation, caution
about contracting out bargained work, and concern with reducing workforce and expecting the remaining
employees to maintain the workload.
Mr. Bailey suggested the council consider from a policy perspective areas of emphasis, areas they are
willing to deemphasize and why. He reviewed:
• Council Budget Policy Goals
o Identify up to five things you'd like to see improved over the next 3-7 years in the City of
Edmonds
■ At policy level (not projects or tasks — and especially not decision packages)
■ Broad goals (from GFOA best practice — National Advisory Council on State and Local
Budgeting)
o Example (from Everett in late 90s)
■ Improve the sense of safety (and actual improve safety) in the downtown
- So that additional mixed -use development occurs
- Based on the notion (well founded) that developers were reluctant to invest in a space
that may have been considered "unsafe" and therefore less attractive than alternatives
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8.1.a
■ It informed many sub -goals that led to a transformation of downtown Everett
o Example: Policy Goals Valdez, AK
■ Priority
■ Goal
■ Long term objective
■ 2023 Action plan
Mr. Bailey invited council to identify what they would like emphasized, improved or focused on in the next
3-7 years which should inform staff's work on the budget and the council should expect to see a response
in the budget presentation.
Council questions/comments/suggestions included the original and actual 2023 budget calendar, timing of
public hearings on property taxes and revenue sources, having a CIP/CFP work session in early September,
holding a public workshop on the budget in June that includes the mayor and finance director, using the
zone idea for gathering input, scheduling budget adoption after Thanksgiving, and potential there may be
two new councilmembers after the election is certified.
Councilmembers identified the following areas of emphasis. This was followed by an exercise where each
councilmember was allocated three votes which were used to determine priorities.
Priority
Areas of Emphasis
Council Votes
#1
Police Presence/Eastside Relocation
5
Park Space
0
Update Ada Plan
1
Improve Citizen Input/Zones
1
Planning/Development Code Update
1
#2
Neighborhood Commercial/Walkabilit Beautification
4
Fire Authority Choices
0
#4 tie
Transparency Of Projections/Enhance Trust
2
Ila Es erance Park
0
#4 tie
Watershed Restoration
2
Seek Federal $
1
#3
Human Services, Homelessness, Senior Citizen Services
3
Annexation
1
Discussion continued regarding budget implications of the above, whether there is a budget for town halls,
having the EDC analyze whether property taxes would increase for property owners in Esperance due to
annexation, improving police presence could include relocation, perception some areas of town are more
dangerous and less appealing, including a council message in the budget, and connection between the more
highly rated areas of emphasis.
Mr. Bailey suggested the council commit to this list, adopt it via resolution and convey it with a cover letter
to the mayor. In a mayor -council form of government, the mayor has the authority to develop a budget
with/without council input. He assumed the mayor will ask department heads to include the council's
priorities and hopefully the council will see evidence of the proprieties in the budget.
Discussion continued regarding the share of the budget allocated to priorities, benchmarks between the
council receiving budget and approving budget, complication created by the election, delaying budget
adoption until the first week of December, establishing a deadline for submitting budget amendments,
requiring a majority council vote to allow amendments to be submitted after the deadline, targeted
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8.1.a
budgeting, getting budget questions answered before making amendments, and inviting the mayor and
finance director to do an August workshop.
Council President Tibbott advised he will work with Councilmember Olson on a budget calendar for council
consideration.
C. DEBRIEF - COUNCIL
Council President Tibbott provided a progress update on priorities identified by council at the January 27,
2023 retreat:
Priority I Progress
Quarter 1
City attorney and city prosecutor evaluation
Completed
Priorities of code update developed
PSPHSP Committee, update in progress
Snohomish County Bridge Housing Facility plan
communicated
County working on RFQ for operating
a enda. Too early for public open house
Environmental Funding for watershed /erosion
Tanned and pursued
Parks/Public Works Committee. Limited
WRIA 8 funding available
Salary Commission formation process reviewed and
Tanned
Admin agreed to form a commission this year
Quarter 2
Engagement zones implemented
Introduced to council 4/4/23
Budget process — mechanics and scheduling improved
Budget retreat 4/28/23
Plan for City services and budget requests considered -
Hwy 99 Corridor, etc.(Previously 3
Housing Commission recommendations reviewed
Joint Council/Planning Board June?
Annexation of unincorporated areas explored — City of
Edmonds and Snohomish County discussion
Letters sent to Snohomish County and
Lynnwood
New Item: Make decision about whether to move to a
biennial budget by June 30
Add to council calendar
Discussion followed regarding when to have a public open house regarding the bridge housing facility,
budget proposal related to beautification in areas outside the bowl, the City partnering with ESD regarding
arts, beautification and cultural arts events outside the bowl, activities that are not on the strategic planning
list, whether to renew the lease for the neighborhood center on Highway 99, cost of tenant improvements
in the neighborhood center, services provided at the Highway 99 neighborhood center, alternate locations
for a police substation and/or community court, DADUs and ADUs are Section 8 eligible but room rentals
are not, determining the financial impacts of annexing the Meadowdale residential area, importance of
engaging citizens regarding annexation, whether funds are budgeted for annexation, funds budgeted in 2023
to study the possible relocation of the police substation, whether the council could hire a consultant to study
relocating the police substation, and the former Value Village site as a potential joint police/fire station.
Council President Tibbott invited council to comment on any insights or aha moment from today's
discussion:
• Enjoyed having Mr. Turley here, he seemed open to collaborating on workshops. A lot of tension
during last year's budget discussion. Moving the workshop earlier in year and a more collaborative
tone would be helpful.
• Glad to see staff here, they appreciate starting the budget conversation earlier
• Public safety and police is at the top of the emphasis list. Would be great if Mr. Turley and Mayor
Nelson could have voted on the areas of emphasis
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8.1.a
• Great having the administration at the retreat, helps bridge gaps. Appreciate having the EDC at the
retreat; they perform a key role, and may have felt underappreciated by council in the past. Council
should focus on providing better and clearer direction to the EDC. Recommend asking the EDC to
provide key insights and data regarding annexation.
• May be ECA members interested in analyzing relocation of the police substation
• Found the formula for determining the price of government (population x per capita income)
interesting
• Need to establish guardrails to provide comfort for biennial budget
• Cannot replace staff with volunteers
• Regarding annexation, for businesses, $0.70 of every $1.00 goes to emergency services; for
residential, $1.10-$1.20 of each $1.00 goes to emergency services. Need to ensure have the right
mix of businesses and residential.
• Need to reconsider Multifamily Tax Exemption (MFTE). Suggest add MFTE to Housing
Commission discussion in Q2
• Always enjoy Mike Bailey. Admire Redmond's budget priorities model; it is the gold standard that
Edmonds should move toward. Also connects citizens to budget process
• Moving from annual to biennial budget means thinking long range
12. ADJOURN
With no further business, the Council meeting was adjourned at 4:17 p.m.
SCOTT PASSEY, CITY CLERK
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8.2
City Council Agenda Item
Meeting Date: 06/6/2023
Approval of Special Meeting Minutes of May 23, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Committee Meeting minutes as part of the Consent Agenda.
Narrative
The Council committee meeting minutes are attached.
Attachments:
E052323 Special
Packet Pg. 44
8.2.a
EDMONDS CITY COUNCIL
SPECIAL MEETING MINUTES
DRAFT MINUTES
May 23, 2023
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER
STAFF PRESENT
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The special Edmonds City Council meeting was called to order at 6:01 p.m. by Mayor Nelson in the
Council Chambers, 250 5' Avenue North, Edmonds, and virtually.
2. COUNCIL BUSINESS
1. ANNUAL JOINT MEETING - SOUTH COUNTY FIRE BOARD OF COMMISSIONERS
Fire Chief Thad Hovis, South County Fire (SCF), advised this annual joint meeting is required by the
interlocal agreement between the RFA and the City to provide an opportunity for the SCF Board of
Commissioners to discuss items of mutual interest with the mayor and council. He introduced the
following:
• SCF Board of Commissioners
o Derek Daniels, Chair
o Micah Rowland, Vice Chair
o David Chan
o Michael Fernehough
o Jim Kenney
SCF Staff
o Bob Eastman, Assistant Chief
o Jason Isatalo, Assistant Chief
o Shaughn Maxwell, Assistant Chief
o Todd Anderson, Deputy Chief
o John Chalfont, Deputy Chief
o James Curtis, Deputy Chief
o David Wells, Deputy Chief
o Leslie Hynes, Communications Director
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8.2.a
Assistant Chief Eastman responded to questions posed by councilmember during the last presentation:
• Call volume increase: Can we verify the percentage?
o Typo in the presentation. There was an 8.7% increase in call volume between 2018 and 2022,
not 9.7%
8.71% increase
from 2018
2018 2019 2020 2021 2022
Esperance and Annexation: If Esperance is ultimately annexed into Edmonds, what effect would
that have on our contract with SCF? And will Fire Station 20 remain where it is?
o Contract includes Esperance offset which takes the property tax the RFA collects inclusive of
the benefit charge and uses that as an offset for the Edmonds cost, reduced from the total cost
and used to calculate the cost for the City of Edmonds. If Esperance were to annex into the
City of Edmonds, Edmonds' cost would go up according to the offset. The 2022 offset was
$1.38 million.
Chief Hovis reviewed happenings since SCF last met with Edmonds City Council:
• Fire Academy Class 2023-1
o 13 recruits graduated May 19, 2023
• EMS Week Open House
o May 20, Edmonds Downtown Fire Station 17
0 400 people attended
• South County Fire Cardiac Survival Rate: 61.5%
o SCF's cardiac save rate for 2022 was higher than the state (38.5%) and national (34.3%)
averages
• Additional 24-hour EMS Transport unit (approved by Edmonds City Council) went into service
on March 1, 2022
o Addressed many of the items in NUUF and TBF differential
o Additional unit returned staffing to 2016 level
• SCF RFA formation
o City of Lynnwood & Fire District 1 formed RFA in 2017 with voter approval
o City of Mill Creek voters approved (75.4%) annexation into the RFA in April 2022
o Brier (77.8%) and Mountlake Terrace (92.1%) voters overwhelmingly approved April special
election annexation into SCF, effective August 1, 2023
■ Leaves the City of Edmonds as the only remaining contract city
o RFA covers 300,000 people and over 50 square miles
RFA fire stations, equipment, and personnel
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8.2.a
Councilmember Nand referred to the possibility of an EMS response on the waterfront side of the tracks
when a train is passing. This issue is slated to be considered again in 2024 after the previous solution, the
Waterfront Connector, raised a lot of emotional response in the community. Options that have been
discussed include permanently positioning an EMS trained unit on the west side of the tracks with a
defibrillator or other equipment to stabilizing someone while a train was passing or possibly reaching out
to Washington State Ferries (WSF) or the Coast Guard to provide a boat. She asked SCF to comment on
the perceived need for that. Chief Hovis responded Police Chief Bennett, Port of Edmonds Executive
Director, and he have discussed whether a cache of equipment could be placed somewhere on the west
side of the tracks so if a train stopped, it would be available to SCF personnel who crossed the tracks.
There is not enough call demand to have a unit stationed on the west side of the tracks. With big events,
SCF occasionally stages a 12 or 24 hour EMS transport unit on the west side. He agreed it was a difficult
story problem, one the City has talked about for many years.
Councilmember Nand asked about the possibility of someone associated with WSF or someone in a semi-
official capacity going through volunteer training to use the equipment in the event a professional EMS
was not able to get there in time. Chef Hovis answered he was unsure about WSF personnel's training or
if they could build on their training. He encouraged anyone that lives locally and works for the WSF to
apply for the volunteer firefighter support program that closes on May 30 at 4 p.m.
Councilmember Teitzel referred to Section 6.7 of the Revised and Restated Interlocal Agreement for Fire
and Emergency Services that refers to the Public Safety Boat, Marine 16, that has firefighting capability
and Section 6.7.5 that states the Edmonds Police Department is authorized to use the vessel in an
emergency. He asked if consideration had been given to including in the ILA allowing Port personnel
access to the vessel to respond in an emergency when a train was blocking the tracks. Chief Hovis said he
talked with Chief Bennett about that; there are two police personnel trained on Marine 16 as well as
trained divers and Chief Bennett was interested in exploring an increase in the capacity to have Edmonds
Police Department personnel serve as deckhands to increase personnel capacity on the vessel since
incidents can blend law enforcement and fire/EMS.
Councilmember Teitzel referred to Station 20 located in unincorporated Esperance and asked since the
City owns and maintains that station, if there is an aid response out of that station to a call in Esperance,
how is the transport balancing factor (TBF) and NUUF calculated, as a within Edmonds response or out -
of -Edmonds response. Assistant Chief Eastman answered that calculation takes into account that the
Esperance area is part of the RFA and not part of the City. Councilmember Teitzel observed a dispatch
out of Station 20 into Esperance is not counted against Edmonds for either the TBF or the NUUF.
Assistant Chief Eastman answered Station 20 provides service in Esperance and the RFA pays that
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Packet Pg. 47
8.2.a
component, so the calculation separates Esperance from the City of Edmonds. In other words, the calls
within the City limits do not include the unincorporated island of Esperance. Councilmember Teitzel
pointed out the City of Edmonds owns Station 20 and the apparatus to respond to an Esperance call would
come from that Edmonds -owned station so it would seem to be an Edmonds response rather than an
Esperance response. He asked if the calculations took that into account. Assistant Chief Eastman said not
in the TBF because the transports that happen within Esperance aren't remanded back to Edmonds; only
transports within the City are remanded to the City. The calculations within the contract have been looked
at independently since the contract update in 2017.
Councilmember Buckshnis referred to Section 3 regarding how the objectives from 2006 responses were
calculated and the continued use of the 2006 adopted standards. She recalled conversations about
changing those, but they have not been changed in 17 years. She asked if establishing a taskforce would
be helpful to develop new numbers, noting the numbers may or may not be outdated. She advised the
council included funds in the 2021 budget for police divers. With regard to the Esperance offset, Item K
in the ILA, she questioned why the 2017 Esperance assessed value was set as the baseline. Assistant
Chief Eastman explained the assessed value from the parcel database for Esperance is used to calculate
the tax revenue based on the tax rate. Councilmember Buckshnis said she understood the calculation; her
question was why 2017 was used. Assistant Chief Eastman advised it is updated every year; 2017 is
referenced in the ILA because that is when the ILA was revised, but it is readjusted every year. The
original agreement states the offset will not go below $117,150, but it does go up.
Councilmember Chen asked if the $1.5 million investment for a 24-hour team decreased response time.
Chief Hovis answered yes, it did decrease response time, referring to slide 19 of the April presentation, a
comparison of response times 2018-2022. Having a dedicated transport unit when the majority of calls in
Edmonds are EMS based definitely helps put the station back in service more quickly. Staffing levels at
each station were established in the 2010 agreement and revised in the 2017 agreement; there are 3 cross
staffed firefighters at each station who either take the fire engine or the paramedic unit depending on the
call. The station sits empty once they are dispatched to a call.
SCF Commissioner Chan commented he participated in negotiations with the previous mayor. He
referred to the NUUF comparison in the April presentation that indicates Mountlake Terrace and RFA
units are responding into Edmonds less although Lynnwood units are still responding into Edmonds more.
Councilmember Chen referred to the potential development of a fire station on the Value Village site and
asked whether that would change the three stations located in Edmonds. Assistant Chief Eastman advised
SCF has been working with Ecology for the past 1 %2 years regarding the Value Village site, recently
finishing a third phase which he was hopeful would allow moving forward with acquiring the property for
a future RFA site. SCF identified that area as a need for an infill fire station during the process in
2018/2019. Unincorporated Edmonds, Edmonds, Mountlake Terrace and Lynnwood would all benefit
from a fixed asset at that site. There are obviously costs with adding a new station and additional
resources and there would need to be conversations between the RFA and the City of Edmonds.
Councilmember Chen said he expected there would need to be more analysis, but a city Edmonds' size
does not need four fire stations. Chief Hovis reminded that is one of the busiest grids in Edmonds due to
the location of the hospital and surrounding clinics. The drive time from North Edmonds is the reason
Station 16 was relocated from its original location in Five Corners and Stations 16 and 17 are a good
distance away. It would make sense to have a future RFA station on the Value Village site, hopefully
with Edmonds as a full partner in the RFA, serving not just grid 157, but because unincorporated
Snohomish County, Mountlake Terrace, and Edmonds come together at that point, it is one of the best
locations for a station, especially with the revitalization of Highway 99.
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Councilmember Chen agreed it was an ideal location for Highway 99 due to the number of businesses and
the amount of activity. He wondered if a station elsewhere in Edmonds could be closed or consolidated
once a station on the Value Village site opened. Chief Hovis assumed Councilmember Chen meant the
new 24-hour unit added last year at Station 16 could make up part of the staffing at a fire station on the
Value Village site. Assistant Chief Eastman commented a challenge unique to Edmonds is the west side
of the City is water so no support comes from that direction. The challenges are not related to a single unit
EMS response because there are three stations within the City; the challenge is the weight of response
when responding to a cardiac arrest with CPR where 11 personnel are dispatched or a fire that requires
multiple personnel to respond. Edmonds does not get any support from the west versus other stations in
the center of the RFA that have fire stations circling them. Some of that challenges is the fact that a third,
fourth, fifth or six unit coming to a major fire in downtown Edmonds come from much further away
because there is no response from the west.
Assistant Chief Eastman continued, locating a fire station does not look at geopolitical boundaries but
looks at the RFA as a whole and what fire response is necessary to provide service to everyone. At the
end of the day, an infill station is needed at some point in time at Value Village but there wasn't an
opportunity to reduce the number of stations in the City of Edmonds because it will result in smaller
pockets of gaps and not truly solving the problem that the infill fire station provides. Adding a station and
consolidating existing stations does not help when looking at the map, data and response criteria; much of
that is due to no resource support from the west as well as the large population base near the water.
Chief Hovis pointed out Edmonds also does not have a fire department to the south; the Town of
Woodway contracts with Shoreline which is a great distance away. Units do not respond into Edmonds
from the west or south; units come from either Lynnwood or Mountlake Terrace. Cardiac arrests takes 11
people, every person on duty right now in the City of Edmonds. A residential fire takes a minimum of 15
people, which is a minimum of 4 people coming from a different area.
SCF Commissioner Chan commented he was involved in the original contract negotiations in 2010. South
County Fire's capital facilities plan does not look at the city, but the entire region and how to align all the
stations. Edmonds has the same problem as Mukilteo; he referred to slide 24 from the April presentation
that illustrates Station 17 is the most under-utilized, Stations 6 and 20 have higher utilization. When
designing a station, consideration is given to the circle that the station will serve; Station 17 does not
serve a circle. When Edmonds started, downtown was the whole town\; with growth, stations need to be
realigned. The same is true for Mukilteo, there is station downtown but it is not well utilized. He
envisioned the area around Swedish Edmonds will eventually be like 1st Hill in Seattle with a lot of
residents and the hospital. He concluded that is why the RFA made a decision to acquire the Value
Village property.
Councilmember Chen agreed the Value Village site was an ideal location, but he suggested thinking about
realignment of other stations. SCF Commissioner Chan suggested sharing the RFA's capital facility plan
that includes fire station locations for the entire region.
Councilmember Olson found it helpful to separate the first presentation from this agenda item and
allowing councilmembers time to digest the information. She expressed appreciation for the responses to
the councilmembers' questions. She congratulated the new recruits and asked how long the volunteer
firefighter program is and the commitment for people who go through it. Chief Hovis answered he was in
that program 29 years ago and the commitment is similar to when he was in the program, one Wednesday
night per week. The initial training to get someone comfortable to drive the air unit and fill SCBA bottles
is about three months.
Councilmember Olson asked if the one Wednesday/week was the training or the commitment after
training. Chief Hovis answered that was the commitment to be trained; the volunteer corps support
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8.2.a
personnel at major incidents. For example, when there is an incident within the RFA, volunteers are
paged and they choose whether they can respond. The RFA operated with a skeleton crew of 4 volunteers
for 24 spots during the pandemic. He encouraged the council to invite residents of the RFA to apply.
Councilmember Olson said she was also interested in how the addition of a station at the Value Village
site would affect existing stations and she liked the question Councilmember Teitzel asked about the out
of area response. She acknowledged it was part of the weirdness and complication of having a wholly
unincorporated area within the City's boundaries. She expressed appreciation for the RFA, advising the
City has been very happy with their service and feel like they are the City's fire department. She
recognized SCF was not super thrilled with Edmonds being the only remaining contract city. If the model
is always based on assessed valuation (AV) and there is such a difference between the benefit charge for
serving a household or building, that does not seem like a great deal for Edmonds. She asked whether that
was statutorily required or was there any way to address the elephant in room that makes it difficult for
Edmonds to want to become a full member.
Chief Hovis responded that was something former contract cities Mountlake Terrace and Brier also
grappled with as their AV increased as did the City of Lynnwood as well as Mill Creek whose character is
similar to Edmonds, although not located by the water. When the RFA was formed, statutorily the fire
levy could be $1.50 and up to a $0.50 EMS levy. At that time, FD1 residents and Lynnwood residents had
a tax of $2/$1,000 AV; the assessment now is $1.21 with the benefit charge that was passed in 2020.
Some of uniqueness with the RFA funding model has changed; the fire levy can only be $1/$1,000 AV
and up to $0.50 EMS levy plus the benefit charge. He agreed it is the elephant in room to figure out how
that would look for the City of Edmonds. SCF could provide more information, including how it would
affect City residents if that was something the City was interested in. Councilmember Olson said she
could not speak for the City, but she was interested.
SCF Commissioner Chan, speaking as an individual commission, said a back of the napkin calculation
indicated the total levy rate would be lower. Assistant Chief Eastman did a study that indicates as each
city joins, the rate is lower. Due to Edmonds' large population, the rate would drop significantly. He
suggested sharing that information with the council. One of reasons for joining the RFA is Edmonds
residents have a voice and can vote on representation by fire commissioners. The intent of a regional fire
authority is to pull resources together and use them more efficiently rather than each city having its own
stations, etc. He concluded the RFA is very good for the region.
Councilmember Paine agreed with Councilmember Buckshnis that it was probably time to reevaluate the
standards since the last evaluation was in 2006. There have been a lot of changes since 2006 including
COVID, the community resource paramedic program that assists with reducing 911 calls, and other things
that have changed the completion of communities like Edmonds that have a lot of BLS calls. It would be
interesting to see what the cost would be if Edmonds were to join the RFA. It's interesting that the rate
was originally $2/$1000 AV and now it is down to $1.21/$1000 AV. She recalled the contract increase
was delayed a few years ago awaiting resolution of the union contract and asked when those contracts
were up. Chief Hovis answered the bargaining agreement with Local 1828 runs through the end of 2025.
The parties agreed to a five year 5 year agreement, something that had not been done before.
Councilmember Paine asked how cost of living was addressed, particularly the significant increase in the
past 12-18 months. Chief Hovis answered the contract used June -June CPI-W; there was mutual interest
between the firefighters union and the RFA, and the union agreed in 2024 and 2025 to a floor of 0 and a
maximum of 7 regardless of inflation and CPI-W.
Council President Tibbott asked about replacement of vehicles and how those costs were borne
throughout the RFA. He asked if there were vehicles that could respond to the taller buildings on
Highway 99. Chief Hovis answered yes, noting Council President Tibbott was missed at the tiller ladder
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truck push in at Station 10 about a month ago. Ladder trucks are important as vertical growth occurs. He
thanked fire commissioners for authorizing another fire engine purchase at the last board meeting at a cost
of $1.3 million. The RFA has a comprehensive apparatus schedule that looks at everything from fire
engines, pumpers, ladder trucks, etc., all the way down to the staff vehicles such as the Ford Taurus he
drove to tonight's meeting.
Council President Tibbott asked where Station 10 with the ladder truck is located. Chief Hovis answered
Keeler's Corner, in Lynnwood's potential annexation area near the House of Clocks. There is also a
ladder truck at Lynnwood Station 14 in the Blue Ridge neighborhood near Edmonds College.
Councilmember Buckshnis asked if SCF planned to bond for the Value Village site, whether they would
utilize the entire building, and if there could be a joint partnership with the police department on a floor or
two. Assistant Chief Eastman answered all those options have been discussed with Ecology. Hospital
District 2 (Verdant), the owner of the property, wants to sell the property to SCF. They have talked about
the opportunity to construct a 5-story building with the SCF occupying part of it and providing needed
services for the underprivileged, one of Verdant's missions. There have not been a lot of conversations
with the board about that due to working with Ecology. If a larger station is built on the site, parking is a
challenge, but all that is on the table. SCF will have not have definitive answers until the results of
Ecology's report are out at the end of June. That site had a release reportable to Ecology so there will be
some cleanup needed which will dictate some of what is constructed. A larger conversation will need to
occur with the board about partnership opportunities. There have been some conceptual conversations
from staff s perspective about opportunities that exist.
Assistant Chief Eastman continued, the Snohomish County Sheriff has an office at Station 11 and there
are benefits of having a law enforcement presence with firefighters. SCF is not quite to the place where
those discussions can occur until the report is released. Councilmember Buckshnis asked if there is a
complete EIS or SEPA. Assistant Chief Eastman advised there was a paint store on the property in the
past; phase 1 included drilling a total of 18 holes. The process is not to the point of SEPA, but assessing
the underground tank and associated issues. The rest of the analysis will occur once this piece is done.
This work is being done to determine whether SCF can even purchase the site as a result of the releases.
Councilmember Buckshnis asked if the owner was willing to pay for any of the cleanup costs. Assistant
Chief Eastman answered SCF has been working closely with Hospital District 2 who own property. SCF
has the ability to obtain funding from Ecology, receiving up to $270,000 to do the work that has been
done. As the potential purchaser the RFA has access to those funds, Hospital District 2 does not.
Everything that SCF has discovered has been disclosed to Hospital District 2. Councilmember Buckshnis
encouraged SCF to keep the City in mind for a possible co -location of a satellite office on Highway 99.
She remarked she was also on the 2010 task force regarding the City contracting with FD 1.
Councilmember Nand advised Edmonds recently opted into the AG's lawsuit and settlement with opioid
producers and purveyors and will be receiving a small portion of the settlement, approximately .3%. The
City has a great deal of flexibility in how those funds can be used to address the effects of the opioid
epidemic. Her first instinct when she read the settlement was the City should give the money to Evergreen
Detox in Lynnwood to fund more beds. From a first responder's perspective, she asked if there were any
gaps the City could address with that funding such as more Narcan. Chief Hovis responded part of SCF's
team is working with Snohomish County on that complicated issue. If there is funding available, SCF can
use it; they have embedded providers, fire/aid personnel who administer Narcan, and they often help
people who are unhoused. Washington is second in the nation for the number of opioid deaths.
Mayor Nelson commented being the last contract city is telling. Looking at it objectively, with all the
cities that have joined the RFA and the increase in staff at all the stations, the public safety benefits alone
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8.2.a
of joining the RFA are undeniable. Edmonds should have best fire service the City can afford and to that
end, he has asked the City's finance director to look at what joining the RFA would look like.
Chief Hovis commented that was a great way to end the meeting. He thanked the council and mayor for
inviting them to tonight's meeting.
3. ADJOURN
With no further business, the Council meeting was adjourned at 6:52 p.m.
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8.3
City Council Agenda Item
Meeting Date: 06/6/2023
Approval of Regular Meeting Minutes of May 23, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Committee Meeting minutes as part of the Consent Agenda.
Narrative
The Council committee meeting minutes are attached.
Attachments:
E052323
Packet Pg. 53
8.3.a
EDMONDS CITY COUNCIL MEETING
DRAFT MINUTES
May 23, 2023
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Todd Tatum, Comm./Culture/Econ. Dev. Dir.
David Levitan, Planning Manager
Mike Clugston, Senior Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7 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 a
since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their a
sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." N
M
N
3. ROLL CALL o
w
City Clerk Scott Passey called the roll. All elected officials were present.
E
z
4. APPROVAL OF AGENDA U
r
r
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO Q
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
5. AUDIENCE COMMENTS
Mayor Nelson described the procedures for audience comments.
Greg Goodman, Edmonds, spoke regarding speeding on the straightaway on Olympic View Drive
between Olympic Avenue and Wharf Street. In the ten years he has lived there, traffic as well as the number
of speeders have increased. Having officers with radar guns occasionally patrol the area does not deter
speeding drivers anymore. He questioned next steps such as physical controls. His driveway backs out onto
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8.3.a
Olympic View Drive and speeding both north and south bound especially on weekend nights is pretty wild.
Although he feels blessed to live there, he does not want anyone to get hurt. The City has known speeding
on Olympic View Drive has been an issue for some time; when he previously lived in the bowl and drove
Olympic View Drive, there were always officers with radar guns there. The solar radar speed sign seems
like a green light for people to test their speed.
Peter Moon, Edmonds, spoke regarding speeding on Olympic View Drive between Olympic Avenue and
Wharf Street. He recalled speaking to council previously, explaining he applied for the traffic calming
program. He gathered eight signatures but could get many more. He believed the area is being considered
for the program as there are two rubber hoses in front of his house. He noted that is a good start, but it is
antiquated technology and there are much more superior and inexpensive technologies that can be employed
to determine the speed of traffic, when it happens and the type of traffic. He will share that information
with the council in hopes it can be incorporated at minimal expense to further the study. He felt incremental
progress is being made, acknowledging there was not a quick solution. He plans to attend council meetings N
every Tuesday when he is in town and bring in neighbors who also have concerns with the speed and N
volume of traffic on Olympic View Drive. They want to be polite and persistent and hopefully not a pain. C6
He invited councilmembers to his home to sit and watch traffic. He has a speed monitor and plans to take N
pictures of vehicles speeding through the area and to demonstrate the volume of traffic, pedestrians, M
bicycles, delivery trucks, ferry users taking the back road, etc. He is also developing a website and enlisting
m
the support of his neighbors. W
c
Marlin Phelps, Marysville, commented when he was driving 70 mph between Tacoma and Marysville, he
a
was passed 12 times by cars traveling at least 90 mph. With less police, people get to drive faster. It is not
the City's problem that people are driving fast. He referred to the small town of Bannack, Montana, 10-
hours from Edmonds, where 150 years ago a charismatic grifter got himself appointed sheriff and used his
L
authority as sheriff and his knowledge of the stagecoach's schedule to tell his highway men when to steal cc
gold. They shot two of his men, and the civic leaders hung Sheriff Plummer because they had to. He said a�0i
the City's Sheriff Plummer, Robert Barker, orchestrated the murder of Assistant U.S. Attorney Thomas
Wales who was shot four times while sitting in his Queen Anne home. His murderer was part of Edmonds o
Police force and he can prove it, all he needs is the power of asking the question.
0
L
Jay Grant, Edmonds, Port of Edmonds Commissioner and liaison to the City, commented 5t'' Avenue Q
coming into downtown is not the only place where speeding occurs. The Port as a municipal agency under --
Washington State rules is to support the city. Since 1948, the Port of Edmonds has generated considerable N
revenue that directly benefits the City via employment, leasehold taxes and sales taxes. He recently learned
that when the state could not afford it, the Port of Edmonds floated bonds and built the Edmonds ferry dock io
until the state took it over by imminent domain in 1990. One of the greatest assets is the public access
between the Port and City; nearly the entire waterfront is available to the public. He announced the Port's 4)
Executive Director Bob McChesney is retiring tomorrow. Mr. McChesney has had an outstanding 30 year z
career working for Port authorities, first in Everett, then the manager in Port Angeles and for the Port of U
Edmonds for the last 14 years. He expressed appreciation for Mr. McChesney's distinguished work for the a
community and hoped the council would wish him the best for his exemplary work and a good retirement.
Teresa Shultz, Edmonds, referred to her recent emails to council, explaining she volunteered last year
removing invasives in the marsh to help water flows. She found the work rewarding and wanted to continue,
but had heard volunteers did not have permission to go into marsh. She was unaware of the politics and did
not think the work should be political; she just wants to do what she can to save the marsh by offering free
labor. There are many volunteers who enjoy the work, want to get back to doing it, and do not want to miss
the window of opportunity which she understands is July 15 through September 15. She hoped whatever
was going on could be resolved and the volunteers could return to working in the marsh. She did not want
to look into her grandchildren's eyes and say she didn't do everything she possibly could to save the marsh
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Packet Pg. 55
8.3.a
and did not think any of the electeds wanted to do that either. She urged the council to help the volunteers
get back into the marsh.
6. RECEIVED FOR FILING
1. WRITTEN PUBLIC COMMENTS
2. OUTSIDE BOARDS AND COMMITTEE REPORTS
3. PARKS, RECREATION & HUMAN SERVICES DEPARTMENT - 2023 Q1
ACCOMPLISHMENTS
4. ZONE REPRESENTATION ITEM STATUS
7. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF REGULAR MEETING MINUTES OF MAY 2, 2023
2. APPROVAL OF SPECIAL MEETING MINUTES OF MAY 16, 2023
3. APPROVAL OF REGULAR MEETING MINUTES OF MAY 16, 2023
4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS
5. APPROVAL OF CLAIM CHECKS
6. APPROVAL OF LAG AGREEMENT WITH KPG PSOMAS, INC. FOR THE MAIN ST
OVERLAY PROJECT
8. COUNCIL BUSINESS
1. ACTION ON PERMANENT ORDINANCE FOR DESIGN REVIEW PROCESSES AND
BUILDING STEP BACKS IN THE CG ZONE TO REPLACE INTERIM ORDINANCE 4283
(AMD2022-0008)
Senior Planner Mike Clugston reviewed:
• Overview of planning board recommendation on CG step backs a
o Buildings 55' or less do not require step back
o Buildings > 55' require 10-foot step back at 25' and 30-foot step back at 55' when adjacent to N
or across the street from RS zone N
o Planning Board felt this option was consistent with the Subarea Plan, provided certainty for w
builders, and would comply with HB 1293
• Overview of recommended design review processes
I. Projects > 75' in High Rise nodes z
a. Type III -A (ADB review) r
b. HB 1293 limits: max of one meeting; two-phase process to be phased out Q
2. Projects > 35' adjacent to or across the street from RS zone
a. Type II -A (Staff Decision with public notice and public comments)
3. Projects < 35' adjacent/across street OR projects < 75' not adjacent
a. Type I (Staff Decision with no public notice or public comments)
• Council question during May 16 public hearing
1. Can/should the city expand the mailing radius for the Type II -A design review process from
300 feet to:
a. 400 feet?
b. 500 feet?
2. What types of notice are other cities providing?
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Packet Pg. 56
Analysis potential changes to noticing requirements
o Currently — property owners w/in 300' receive mailed notice
■ Also include taxpayer addresses if different from property owner
o Staff looked at several CG-zoned properties adjacent or across the street from RS-zoned
properties, as well as a few RS-12 properties for reference
o Expanding to 400' results in a —60% increase in noticed properties (from —50 properties to —80
properties)
o Expanding to 500' results in a —100% increase in noticed properties (from —50 properties to
—100 properties)....
Options for Council
o The draft ordinance includes language expanding the mailed notice requirement to 500' (packet
pg. 196)
o If the City Council is comfortable with this distance, should the 500' distance apply only for
CG/RS projects or throughout the City?
■ Staff looked at noticing requirements for Type IVIII applications in several cities
■ Most common requirement is 300', but some cities do require 500', including
Shoreline/Woodinville (NOA and NOPH) and Mill Creek/Bothell (NOPH only)
■ Several cities don't require a mailing at NOA stage (so notice only required if a public
hearing is required)
o A reminder that public notice is also provided in Herald; at project site; at City Hall, Library,
Public Safety Building; and on City website
Deliberation and decision
o Interim ordinance 4283 expires June 10, so action is needed this evening on the following
topics:
o Step backs
o Design review process
o Mailed notice (if desired by Council)
■ Could remove changes to noticing requirements and cover under a separate code
amendment as part of the Code Modernization project
• Other Options >
°
o There was previous discussion of potentially requiring a neighborhood meeting either prior to
a
or just after a design review application is submitted °
a
■ City of Edmonds currently requires for just Planned Residential Developments
■ 8/11 of the cities looked at don't require neighborhood meetings M
■ The other three required them for certain Type II/III projects (or at director's discretion) „N.,
either before application submittal or soon after submittal w
Mr. Levitan noted the language for neighborhood meetings in the Planned Residential Development (PRD)
section could be used, adding a note that it would only apply to projects subject to the Type IIA/IIIA review z
process. That could be incorporated into a motion to amend the ordinance to include that language. It was r
his understanding that Director McLaughlin had forwarded that information to Council President Tibbott Q
or he could read it into the record. The only change would be if the council wanted to expand the mailed
notice requirement, the PRD language would be changed from 300' to 500' as reflected in the version
emailed to the council president.
Councilmember Nand referred to statutorily required notices, commenting it was great there were notices
in the Herald, at the project site, and City Hall. She asked why notices were not included in Edmonds -based
news sources such as My Edmonds News (MEN) and the Edmonds Beacon. Mr. Levitan answered he did
not know the legislative history related to when the Herald became the paper of record for the City, but that
is codified. If the City wanted to include a requirement for notice in the Beacon or an online publication
such as MEN, that would need to be incorporated into the code. He was unsure that could be done as part
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Packet Pg. 57
8.3.a
of the interim ordinance, but it could potentially be explored as part of the larger code amendment process.
Councilmember Nand commented while the Everett Herald may have a wider circulation, people in
Edmonds tend to get their Edmonds -targeted news from those two sources.
With regard to whether to expand notice to 500', Councilmember Nand said the angst she has heard from
neighbors on the Highway 99 corridor is zoning changes were happening in the BD2 zone in the Edmonds
Bowl at the same time as concern began surfacing with zoning changes in the CG zone and Highway 99.
People wondered why there was a different level of handholding from the City based on the neighborhood.
She asked if 500' is the notice radius in the BD zone and other zones in the Edmonds bowl and how to
make the experience for community members in the Highway 99 corridor commensurate with community
members in the Edmonds bowl when new projects are introduced to their neighborhoods.
Mr. Levitan responded the current notice radius in the downtown zones is 300' for Type II and III land use
applications. It is not that the mailing radius was larger, it was that the land use type for downtown zones
was elevated to a Type III -A process subject to ABD review. Under the current interim ordinance, the CG
zone is subject to a similar process that requires ADB review. If the mailed notice for design review
applications within the CG zone is increased to 500', consideration could be given to expanding notice
requirements for other Type II and III land use applications as of part of larger code amendment to make
them consistent.
Councilmember Nand said providing earlier and more comprehensive notice to the neighborhoods about
projects and the ability to provide input will help defuse anger when residents do not know what is
happening in their neighborhood. Mr. Levitan answered if the council provided direction to require a
neighborhood meeting either specifically for Type II design review applications in the CG zone or as part
of a larger code amendment for certain other land use application types, that would provide an opportunity
for input before the applications is submitted. If a project is only subject to a Type II process, it does not go
to the ADB and a neighborhood meeting, if required, could serve as the one meeting allowed under HB
1293.
Councilmember Nand commented even though one meeting is allowed, could guidance be provided to
encourage developers to have multiple meetings. Mr. Levitan answered when the code is amended to
require a single phase public hearing before the ADB meeting for applications subject to Type III -A review, a
developers could also be encouraged to hold a neighborhood meeting to identify issues before they submit
an application. Once HB 1293 becomes effective, the City could not require it because a neighborhood N
meeting and the ADB public hearing would be two separate meetings which would seem to conflict with N
HB 1293. io
Main Motion
d
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO r
ADOPT AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING U
DEVELOPMENT REGULATIONS AND RELATED PROCEDURES FOR CG ZONED Q
PROPERTIES THAT ARE ADJACENT OR ACROSS THE STREET FROM RS ZONED
PROPERTIES AND REPEALING INTERIM ORDINANCE 4283.
Council President Tibbott expressed appreciation for the addition of 500' notification to the ordinance,
commenting it was appropriate, primarily because larger developments in the CG zone impact a larger area
than 300'. He expressed interest in hearing from other councilmembers about neighborhood meetings,
indicating he will potentially make that amendment.
Councilmember Teitzel expressed appreciation for the great work done by the ADB, the planning board,
Mr. Clugston and Mr. Levitan. The ordinance as written is a good compromise, provides certainty for the
developer, and provides some measure of a transition for single family residents living near a development.
Edmonds City Council Draft Minutes
May 23, 2023
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Packet Pg. 58
He also liked the 500' noticing radius requirement, because even though that is not a great distance, only
about 1/10' mile, the council often hears residents say they did not know about a project. He favored
providing more notice rather than less which this ordinance does. He expressed support for the motion.
Councilmember Paine asked if this would be applied throughout the City, relaying her belief that all zones
could benefit from additional noticing. She agreed with providing abundant notice which includes sending
notice to the taxpayer because sometimes there are differences. She asked if notice is sent to people with
post office boxes, commenting she uses a post office box and does not have a home mailing address. Mr.
Levitan said whatever is in the Snohomish County property records would be used. There is language in
the ordinance about sending notice to taxpayers as well. Mr. Clugston said the requirement is property
owners, but several years ago the City began sending notice to taxpayer addresses if they differed from the
property owner address.
With regard to whether this applied to other areas of the City, Mr. Levitan said he did not believe that N
change could be made within Section 20.03 to apply to all land use applications because it would be outside N
the scope of the interim ordinance. That could be included as part of the code modernization project via a C6
separate ordinance if there is support from the council to expand notice to 500' for any Type II/III. >
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With regard to notice in the newspaper, Councilmember Olson said when she researched that in the past, ,n
state law required a newspaper that was circulated in paper, not digitally. She agreed with the assessment d
qpp g� Y• �' �
by Councilmember Nand and suggested lobbying state representatives to change that law. With regard to
property owner versus resident, she appreciated that the approach had changed and hoped it would also be a
changed in the code update. She noticed in the packet a lot of language was added to change the requirement S
for 500' for special circumstance. She asked it would be possible as part of this ordinance to instead strike
the line that was added in red and change 300' to 500' so it would apply to everything. Mr. Levitan read
L
from packet page 196, Section 20.03.002.D "The owners of real property within 300 feet of the boundaries
of the property(ies) involved in the application (the distance is extended to 500 feet for Type II -A design
review applications in the General Commercial zone). He asked City Attorney Jeff Taraday to weigh in on
whether that is an option for projects not specifically related to the design review process for step backs o
within the CG zone. Deleting 300 feet in that sentence and replacing it with 500 feet and deleting the text
in the parentheses would change the land use process for all zones and all Type 11 and III applications which
would seem to be outside the scope of the interim ordinance. a
Mr. Taraday responded the question for him is whether or not D.2 on packet page 196 constitutes a N
development regulation. If it is a development regulation, it is required to go through a public participation N
process before amendment, a public hearing that usually occurs at the planning board level. It's clear there io
hasn't been any public participation process regarding a citywide change to 500'. What is unclear to him
and there is no clear law regarding whether there is a substantive versus procedural distinction where the
public participation requirement only applies to substantive development regulations versus merely z
procedural ones such as notice radius. He could not give a clean, clear, black and white answer; he was U
unsure law had been developed to make that distinction. a
Mr. Taraday continued, from his perspective it would make sense to make a distinction between procedural
and substantive changes; cities generally look to their planning boards to weigh in on the substance of a
zoning ordinance. If the council feels differently and wants the planning board to weigh in on both process
and substance, clearly this process change has not been thoroughly vetted by the planning board. It is a
question of how the council assesses the planning board's jurisdiction. Councilmember Olson wanted to
ensure the City did not get into a gray zone. She was okay with waiting, but supported having the same
notice requirement citywide. She expressed support for making that change in the future and support for
the ordinance in the packet.
Edmonds City Council Draft Minutes
May 23, 2023
Page 6
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8.3.a
Councilmember Chen expressed support for the motion to adopt the ordinance. He was interested in the
option for a neighborhood meeting which provides an opportunity for residents to learn about potential
development. He asked approximately how long that additional requirement would delay the process. Mr.
Levitan answered it depends on the language in the ordinance. Some cities require a neighborhood meeting
prior to application submittal which would delay the schedule a couple weeks. The language in the PRD
code requires at least two weeks' notice in advance of the meeting and preparation of minutes that are
mailed to attendees of the neighborhood meeting. He concluded it would potentially add about a month if
the neighborhood meeting were held prior to application submittal. If the neighborhood meeting was
required after determination of completeness of an application submittal, it would add 3-4 weeks to the
process.
Councilmember Chen commented that additional requirement would be beneficial for development
adjacent to single family zoning, but suggested waiving the requirement for development on Highway 99
or SR-104 adjacent to another commercial building. Mr. Levitan said the language provided to Council
President Tibbott references projects subject to Type II -A, adjacent or across the street up to 75' as well as
Type III -A which are above 75' primarily on Highway 99 within the high rise nodes. If the council did not
feel a neighborhood meeting was needed for projects on Highway 99, the reference to Type 111-A could be
removed and it would only apply to projects subject to a Type II -A design process. That would cover all
projects adjacent or across the street from RS zones. Councilmember Chen agreed with striking the
requirement for projects that are not adjacent or across the street from single family zones, but he was
interested in hearing other councilmembers' thoughts.
Councilmember Buckshnis relayed her intent to propose an amendment to delete the language in red related
to 500 feet for Type II -A design review applications; however, her understanding of Mr. Taraday's
comment was the council could not blanketly say 500' without knowing the jurisdiction of the planning
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board and the zoning requirements. Mr. Taraday explained the City could be more clear about how it wanted
to scope the planning board's jurisdiction. If the City wants the planning board to weigh in on regulations
that are purely procedural, like this one regarding how many feet of notice to provide, then clearly the
planning board has not had an opportunity to do that. If the City wants the planning board to weigh in on o
things like building heights, setbacks, design review, etc. those are substantive requirements. He did not
see anywhere in the code that clearly articulates that distinction so it is a bit of a gray area. It was his
personal opinion that it would make sense to make that distinction because where the planning board adds a
the most value is on substantive issues. If the City can unburden the planning board from some of the --
procedural regulations, it may allow them to add more value on substantive things. N
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Councilmember Buckshnis commented people often find out things after the fact such as the "BD blowup." w
She opined the more people can find out about things, the better. She suggested investigating the cost to
extend the distance for noticing to 500' for everything, not just Type II -A, noting people get frustrated when
they do not know what's going on until it's too late to do anything. Expanding the distance to 500' would z
help educate citizens. U
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Council President Tibbott described how he arrived at the idea of an amendment regarding neighborhood
meetings. In talking with Director McLaughlin about what public notices actually accomplish, he assumed
it would lead to a neighborhood meeting or community discussion, but that is not necessarily what happens.
Individuals get a public notice and they respond individually and there is not necessarily a community
discussion. It would be valuable to have a community discussion. Director McLaughlin suggested a
neighborhood meeting prior to a design meeting would be beneficial for the community to express their
thoughts and as well as valuable to the design process. The amendment suggests an applicant would be
required to host a public preapplication neighborhood meeting with the same public noticing requirements
as previously discussed. The neighborhood meeting would give the community an opportunity to hear about
what's happening in their neighborhood, see pictures of a design, talk about streetscape and amenities the
Edmonds City Council Draft Minutes
May 23, 2023
Page 7
Packet Pg. 60
8.3.a
whole neighborhood would use was well as an opportunity for the City to talk about infrastructure
improvements that would accompany a project. He concluded a neighborhood meeting serves a multitude
of purposes.
Amendment # 1
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
AMEND THE MOTION ADD A REQUIREMENT FOR A NEIGHBORHOOD MEETING.
Council President Tibbott asked to have amendment read, noting he emailed it to councilmembers about
four minutes ago. Mr. Levitan referred to Councilmember Chen's suggestion to remove the language staff
originally forwarded to Council President Tibbott rescinding the requirement for a Type III -A process, 75'
or taller buildings on Highway 99. Council President Tibbott said he would speak to that after the council
has heard the amendment.
Mr. Levitan read the amendment, a new section 20.12.010.13.4, "Pre -application neighborhood meeting for
proposals subject to a Type II -A or Type III -A review process, the applicant shall host a public pre -
application neighborhood meeting to discuss and receive public comment on the conceptual proposal. The
applicant shall provide notice of this meeting to all property owners within 500 feet of the subject site by
depositing written notice in the U.S. Mail postage paid at least 14 calendar days in advance of the meeting
to all persons and entities shown as having an ownership interest in the land records of Snohomish County.
An affidavit of mailing shall be provided to the City by the applicant attached to its mailing list. While this
meeting will allow immediate public response to the proposal in its conceptual form, comments submitted
during the meeting are not binding to the applicant or staff. However, staff may make general
recommendations to the applicant as part of the formal application based on the input from the meeting to
the extent that said comments are consistent with the adopted provisions of the Edmonds Community
Development Code and the Comprehensive Plan. As a courtesy, the applicant shall provide summary
minutes of the meeting to all of those in attendance within two weeks of the date of the meeting."
Council President Tibbott commented this meeting as described would not add much extra time to the c
application process and would not hold up the design process or application process. The meeting is an
opportunity to get community feedback and provide that feedback in summary notes. Staff could use those o
ideas in reviewing an application as it applies to the design standards in the code. He was uncertain about c
the Type III -A process, partially because some buildings in the high transit corridors are also buttressed by a
nearby residential areas so there is some benefit to notifying all the neighbors. He was open to council input N
on that.
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Mr. Levitan advised there have not been any projects subject to Type III -A, above the 75-foot threshold, so w
far. That is a different construction type and different model of development. If a developer goes above 511
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or 6/1 construction, there are different structural requirements so the building may as well be much taller z
to make it cost effective. That market has not yet been seen in Edmonds. Council President Tibbott relayed U
his understanding that it was not likely to be triggered. Mr. Levitan agreed, unless the market changes and Q
the City begins to see buildings over 75 feet.
With regard to the proposed amendment regarding the neighborhood meeting and Councilmember Chen's
comment about whether to provide notice to property owners that are not zoned single family,
Councilmember Nand said she perhaps is uniquely qualified on the council to discuss this because she is
not a property owner and lives in high density housing near Highway 99. She said it was important to
provide notice to everyone and suggested expanding notice to all residents within 500', not just property
owners. Even though she is not a property owner, she would like to know if a 75 foot tall building would
be built next door to the townhouse she rents. Even if someone is not on the title of a property, they invest
sweat equity into their neighborhood; they choose to live somewhere, build connections, and move into a
neighborhood expecting it to look and feel a certain way. When a drastic change is coming, they have as
Edmonds City Council Draft Minutes
May 23, 2023
Page 8
Packet Pg. 61
8.3.a
much right to know as a property owner. She summarized it would be very equitable to not stop at just
property owners, but provide notice to all residents within 500' of proposed projects.
Councilmember Paine asked if these changes would be considered procedural or substantive; she could see
this one going a couple different directions. Mr. Taraday considered Council President Tibbott's
amendment procedural. The difference between this procedural amendment and the one he was
commenting on previously is the previous one would have citywide effect, whereas this proposed
amendment would be more narrowly tailored to the subject of the issues this ordinance is addressing. It was
less controversial in his mind versus a adding a new process that applied citywide. He concluded it was still
not a clean, black and white question for him.
Councilmember Paine asked if the City would be included in the invitation to the neighborhood meeting.
Mr. Levitan answered the City is not included in the PRD code language which is where this language
originated. That could be required, but it was not currently required for PRDs. Councilmember Paine said
she was agnostic about this; it may be helpful to have the City present, but it also may be helpful for the
developer and applicant to be more free style and not constrained by the City's presence. She appreciated
Councilmember Nand's comments about notifying residents and not just property owners; notifying just
property owners is an equity issue. When citywide noticing requirements are considered, noticing all
residents should be included.
Amendment #2
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
AMEND TO REQUIRE NOTICE FOR BOTH RESIDENTS AND PROPERTY OWNERS.
Councilmember Nand said she originated the idea, but did not offer an amendment because she hoped the
planning department could workshop the idea for implementation. For example, should notice be limited o
to residents who had occupied their unit for at least 12 months and some businesses have month -to -month a
leases. She asked for staff input on how to make that notice requirement workable. Mr. Levitan said he
would also like clarification regarding the amendment to the amendment related to providing notice to 0
residents/tenants in addition to property owners and whether that was only in the new neighborhood section
or was it a more broad change to the language in Chapter 20.03. He has administered city codes in other o
jurisdictions related to multifamily residences where notice is provided to individual tenants. That c
requirement could be included in the neighborhood meeting or it could be a separate code amendment that a
is addressed in the future. N
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Councilmember Nand asked if that change should be included now or should the council give the planning c
department an opportunity to develop an ordinance that retroactively affects the entire City. Mr. Levitan w
said if the focus is on the neighborhood meeting requirement, it would not be a major change to require
d
notice to individual tenants as well as property owners. Councilmember Nand asked if he anticipated push- z
back from developers, saying this is not workable, too procedurally burdensome, etc. Mr. Levitan said it is U
a pretty common practice; he has seen a requirement to send notice to individual units in multiple other Q
codes so it would not be something Edmonds requires that is not required by other jurisdictions.
Councilmember Nand expressed support for Councilmember Paine's amendment to the amendment.
Councilmember Teitzel asked if notice is sent to a tenant of an apartment within 5001, what is that person's
legal standing and do they have legal standing to comment as a renter. Mr. Taraday answered it depends on
the City code. For example, in certain types of applications, one can obtain standing by showing up at a
public hearing and offering testimony. If it is the type of application that has a public hearing requirement
and a tenant provides comment, they likely could obtain standing. Without taking time to review the City's
code, he could not state categorically that residents who are non -owners would always have standing. Mr.
Levitan answered the way the code is currently written, anyone who submits comments within the 14-day
comment period for notice of application becomes a party of record for the land use application which he
Edmonds City Council Draft Minutes
May 23, 2023
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8.3.a
assumed provides them with standing. For a Type III and it goes to public hearing, even if someone was
not within the 300' radius, they are required to be provided notice of the public hearing and notice of the
decision which would seem to provide some legal standing. He deferred to the city attorney. Mr. Taraday
said he was unsure how someone became a party of record. Any party of record who wanted to appeal
would be able to do so.
Councilmember Buckshnis questioned who was driving the car on this. It mentions the involvement of staff
and the developer holding the neighborhood preapplication meeting and providing summary minutes of the
meeting. She questioned the purpose of the neighborhood meeting if staff was not involved. The proposed
amendment states staff may make general recommendations to the developer as part of the application
based on the input from the meeting to the extent that said comments are consistent with adopted previous
of the ECC. She reiterated who drives the car on this, who sets up the meetings, where are they held, who
pays the cost for the meeting, etc. Mr. Levitan answered it would be a preapplication meeting in advance
of the submittal of the land use application. The applicant would be responsible for providing notice, hosting
the meeting, sending out the mailings, etc. Assuming the language remains as is, and the meeting was prior
to application submittal, it would not be tied to an actual land use application and would essentially be a
submittal requirement for the land use application. For a developer building on a CG zoned site subject to
the Type 11-A review process, if the summary minutes and affidavit of mailing were not included when they
submitted the design review land use application, it would be considered an incomplete application.
Action on Amendment #2
MOTION CARRIED UNANIMOUSLY.
Councilmember Paine asked if this preapplication meeting would be compliant with HB 1293. Mr. Levitan
answered yes, if it was only required for a Type II -A review process, basically for properties adjacent or
across the street for buildings between 35' and 75' in height where a public hearing before the ADB is not
required, the neighborhood meeting could be a submittal requirement.
Councilmember Paine loved the idea of a preapplication meeting so the developer can get immediate o
feedback from the neighbors. She asked it was appropriate to approve the amendment or did staff need to
get further clarification about whether it would be the one meeting. Mr. Levitan responded the only way he o
could see it becoming an issue would be if the council imposes a public meeting requirement as part of the c
official land use application which would raise the issue of whether the preapplication is tied to the land a
use application or is it considered a separate public meeting outside the parameters of HB 1293. N
Councilmember Paine asked if summary minutes will be part of the project file that is maintained by the N
planning department. Mr. Levitan answered yes, they would be part of the developer's submittal. w
Action on Amendment # 1
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MOTION CARRIED UNANIMOUSLY. t
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Action on the Main Motion Q
MOTION CARRIED UNANIMOUSLY.
Councilmember Buckshnis relayed her hope that the council would put a moratorium on MFTE until it was
studied further. It was her understanding one project with 700 units provided only 70 affordable units and
she did not think a completely residential building should be afforded tax credits over a decade and only
provide 10% affordable units. She referred to the SEIS and the aquifer and what may be happening with
not having those documents in place; there may be environmental issues that impact future development in
the CG zone.
2. LETTER TO STATE REGARDING ENVIRONMENTAL GOALS FOR MARSH
Edmonds City Council Draft Minutes
May 23, 2023
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8.3.a
Councilmember Buckshnis commented she has been with Puget Sound Partnership and WRIA 8 for a
number of years. There are many ways get property transferred within state agencies. One of the ways is
having the Governor transfer it and she offered to provide examples. The council agreed at a previous
meeting to draft a letter to the state. The only intent of the proposed letter is to meet with the Governor.
Governor Inslee does not plan to run for another term, he has always been an environmental steward, and
his presidential campaign even pushed climate change and climate action. He may want to have a good
send-off by putting this project into another state agency such as Department of Natural Resources (DNR).
Councilmember Buckshnis continued, it was her understanding DNR was not interested because they have
not yet seen the science and everyone, even the Governor, wants to see the science first. The letter is the
first step toward having a meeting. Department of Ecology has signaled that the science will be released on
for this property in July. If the Governor transfers the property, there are funds available for stormwater
mitigation, contamination mitigation, etc., and it would save the taxpayers money. The Governor signed
ESHB 1125.PL which provides the provision in the 2023-2025 budget that Edmonds has the "right of first
purchase" for the City's intended use of the property. The reason the letter does not mention the MOU is
this is separate from the MOU, simply asking for a meeting with the Governor.
Councilmember Teitzel stressed the importance of keeping the big picture in mind, everyone is unified in
the goals of salmon recovery, recovery of the southern resident Orca population, greenhouse gas reduction,
carbon sequestration, etc. Those are not just Edmonds' goals, they are regional and statewide goals. When
Governor Inslee ran for president, his campaign stressed he was most strongly focused environmental
candidate at that time and he still holds that position and belief. This letter appeals to him to look at this
restoration opportunity as a way to support his and the state's high property goals. The state has the expertise
and resources to deal with future contamination if it is uncovered when the new channel for the creek is
dug. There are two paths for the state to pursue once they obtain ownership from Unocal, 1) retain the
property as a restoration effort in partnership with the City, or 2) sell the property to the City. As
Councilmember Buckshnis mentioned, this letter highlights this great opportunity in Central Puget Sound
for the state, region and Edmonds and gets it on the table for discussion. It's possible the state does not
want to retain ownership and the City will proceed with the MOU and purchase.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
THAT THE COUNCIL APPROVE THE LETTER AS SUBMITTED IN THE PACKET.
Councilmember Nand said she has had extensive discussions with Councilmember Teitzel and other N
community stakeholders regarding the marsh as well as email exchanges with City staff. Her concern is not N
sending mixed signals to the state. She was very concerned with the statement in the second to last c
paragraph, "Our suggested option for you to consider to drive this high priority restoration forward is to w
have the State maintain ownership." which she felt would be in direct conflict with the MOU. She did not
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feel it was appropriate to request a meeting with Governor Inslee to discuss options and she questioned if z
the state were to retain title, how high a priority the restoration would be whereas it was a very high priority U
restoration project for the City Edmonds. If the council wanted to proceed with the letter and an MOU, she Q
preferred to wait until July until the Ecology documents are available.
COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND
THE LETTER TO REMOVE ENTIRELY THE PARAGRAPH STARTING WITH, "OUR
SUGGESTED OPTION FOR YOU TO CONSIDER TO DRIVE THIS HIGH PRIORITY
RESTORATION FORWARD IS TO HAVE THE STATE MAINTAIN OWNERSHIP" AND THAT
ENDS WITH "WE THANK YOU AND WISH TO MEET WITH YOU REGARDING THE
REASONS FOR THE STATE TO MAINTAIN OWNERSHIP."
Councilmember Nand commented it was too early in the process to make any representations to the
Governor, WSDOT, Ecology or any other potentially interested party regarding the City's wishes. The City
Edmonds City Council Draft Minutes
May 23, 2023
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8.3.a
needs to get its house in order before going to the state to suggest a strategy for pursuing the marsh. If it is
the information from Ecology that the City has not had time to review or digest properly yet, the City can
amend the letter, remove any representation about taking title to the Unocal property and initiate a less
formal discussion with the Governor or whoever on the Governor's staff will steer this discussion. She
feared the letter would send conflicting messages to different parts of state government.
Council President Tibbott said he was not in favor of the amendment or the letter. He found it inappropriate
to address the letter to the Governor as it circumvents the authority of WSDOT who is the authority on the
purchase agreement with Chevron and it disrespects the investment they would be making. The letter
addresses the why that everyone agrees with which he felt was appropriate, but moves to telling the state
how to do it without hearing from the state, the state hearing from the City, essentially dictating the answer.
The letter assumes to speak for the City of Edmonds by stating the City would gladly enter into an ILA
once the information is available. There are enough risks associated with the property that that would be an
over statement and assumes too much.
Council President Tibbott continued, he preferred a letter addressed to WSDOT which he believed was the
intent of the motion previously passed by the council to create some level of understanding about the
common ground and express the City's eagerness about working toward a mutually beneficial solution.
That type of letter would be effective and open the door for further discussion. In all his years of negotiating
contracts, he never talked with a potential client and said in the process of looking at all the risk, before I
enter into a contract with you, I want to talk to your parent first. That is the equivalent of going to the
Governor instead of negotiating with WSDOT who has the authority to work on this with the City.
Councilmember Paine did not support the letter, finding it provides a problematic set of dialogue, who is it
speaking to when the operating agency is WSDOT in the Purchase and Sale Agreement, and she did not
see that the Governor had a role in that. She was supportive of removing the problematic paragraph, but did
not support the letter. The letter does not address what the City is waiting for, more information about the
property provided via the MOU process where the City will have access to past data as well as new data
from Ecology this summer. This letter does not get any additional information, and it sends a rather
confusing message.
Councilmember Buckshnis began to speak and Councilmember Olson raised a point of order, asking a
whether councilmembers were required to speak only on the amendment, noting the last two
councilmembers have not. Mayor Nelson offered to do better. N
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Councilmember Olson began to speak to the amendment, expressing her support for striking that paragraph. w
Mayor Nelson advised the maker of the motion was speaking before her point of order. Councilmember
Olson clarified one of her points of order was that the person was speaking for a second time and she had z
not spoken yet. Mayor Nelson did not recall imposing that restriction on the maker of a motion. U
Councilmember Olson raised a point of parliamentary procedure from the City Clerk. City Clerk Scott a
Passey advised typically a new speaker or the maker of the motion is called on again after everyone has had
a chance to speak.
Councilmember Olson said the why versus the how was the crux of offering this amendment. She suggested
the council talk about whether the letter should be changed in other ways after the council approves or
declines this amendment. Removing the statements about the outcome of the meeting gets back to the fact
that the City is also interested in an agreement with WSDOT. However the council decides to proceed with
the letter now or in the future, this is a good amendment and gets to the point that the council does not want
to be prescriptive about the outcome of the meeting. She expressed support for the amendment.
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May 23, 2023
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8.3.a
Councilmember Teitzel observed some councilmember do not like the letter at all and prefer to just continue
with the MOU. He suggested if the council takes that approach, it completely eliminates the possibility of
the other option. The letter keeps that option open.
Councilmember Chen raised a point of order, stating council comments should be related to the amendment.
Councilmember Teitzel explained he was speaking to the amendment to strike the second to last paragraph
related to the state retaining ownership. If that paragraph is removed and the letter is subsequently
abandoned, that leaves only the path of purchase and completely negates the other option which he felt
should be explored further.
Councilmember Chen expressed support for the amendment. His first impression of the letter is it delivers
contradicting information; the City has been trying to acquire the property from WSDOT, but this paragraph
goes in a different direction.
Councilmember Buckshnis agreed with Councilmember Teitzel, some aspects need to be retained such as
that the Governor signed the budget providing the City "the right of first purchase." City representatives
have addressed the marsh with the Governor when talking about the connector in Washington DC in 2019
so he is very familiar with the marsh. The marsh is on the WRIA 8 priority list and Puget Sound Partnership,
all of whom are aware of the City's restoration efforts. She was unclear why the entire paragraph needed to
be removed; the marsh is a state priority and one of the Governor's priorities so she did not view it as
conflicting. The letter only asks for a meeting and a meeting is unlikely to occur until September/October.
She concluded she did not see any conflict with the MOU or with WSDOT and she did not think WSDOT
would get their feeling hurt as a result. She did not support the amendment.
Councilmember Nand commented this is putting the cart in front of horse. The council needs to properly
inform themselves about their bargaining position, vis-a-vis the environment impact if the City does or does
not takes title before making any representation to state government. She preferred tabling both the MOU
and the letter until after July when Ecology releases documentation and the City has an opportunity to digest o
how that materially affects its bargaining position. The public is excited because the marsh is a huge priority
and a multidecade project that will affect Edmonds for generations. She questioned why the council needed
to rush forward with either the MOU or the letter instead of waiting until Ecology releases the a
environmental documents and the City has an opportunity to properly digest how it affects its bargaining
position. This is a very momentous potential acquisition for the City and she wanted to ensure it was done N
properly. 04
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UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS CHEN, OLSON,
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PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS
TEITZEL AND BUCKSHNIS VOTING NO. E
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COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NAND, TO r
TABLE THE LETTER UNTIL WE HAVE THE INFORMATION FROM ECOLOGY. Q
Mr. Passey advised a motion to table is not debatable.
UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (4-3), COUNCIL PRESIDENT
TIBBOTT AND COUNCILMEMBERS BUCKSHNIS, OLSON AND NAND VOTING YES;
COUNCILMEMBERS TEITZEL, CHEN AND PAINE VOTING NO.
Mayor Nelson declared a brief recess.
3. WSDOT/CITY OF EDMONDS MEMORANDUM OF UNDERSTANDING
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May 23, 2023
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8.3.a
Community/Culture/Economic Development Director Todd Tatum reviewed:
• Recap
o Council approved resolution asking the legislature to require WSDOT to give the City first
right of purchase (in Transportation Budget)
o Council expressed desire to write letter
o Council expressed concerns about upcoming Ecology review
o Council expressed concerns about the impact on the City's bargaining position
o Council expressed questions about the timing of MOU
• First right of purchase in the transportation budget
o Does not guarantee the City's ownership
o Does not require that the City purchase
o Signals the City's intent
o Does not give the City a process or model to follow to get to its ow decisions about purchasing
decisions
o Does not talk about risk or post -purchase options
Ecology documents
o Governed by the Model Toxics Control Act (MTCA)
o Interim Action Plans
o Upcoming documents:
■ Feasibility study
■ Cleanup action plan
■ Consent decree
■ SEPA determination of non -significance
o MANY preceding documents which have led to these
City studies
o Existing Conditions & Site Constraints
0 2019 Shannon & Wilson study produced multiple options for daylighting Willow Creek,
modeling and offered the option it was a feasible project
o Council concerns about details of the study and another study was undertaken which concurred
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• Long term options discussed in previous meetings
o Purchase property
o Encourage transfer of property to another state agency
o Other partners/non-profits who might want to transform and manage the property
Mr. Tatum described his background as the development division manager with a natural resource agency
so he is familiar with natural resource agencies and a good understanding of partnerships. He reviewed two
from his history:
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8.3.a
Lake Sammamish State Park
o Complex restoration project that included Issaquah Creek
o Entered into MOU with Mountain to Sound Greenway
Nisqually State Park
o Former dump site
o Feasibility study with preferred options prepared
o Entered into MOU with the Nisqually Tribe about development of the property and
Weyerhauser cleaned up the site and a likely transfer of remediated site to Washington State
Parks
Mr. Tatum continued his presentation:
• Next Steps
o Sign the MOU
■ The City can withdraw from the MOU without penalty
o Use a portion of the dollars set aside for the property to hire a consultant/s to aid in the next
steps of due diligence
Recommendation
o Authorize Mayor Nelson to sign MOU
Councilmember Buckshnis commented Lake Sammamish State Park receives WRIA 8 funds every year.
She explained in 2019 a simple majority put the marsh into stormwater which affected stormwater rates
and used as mitigation for the Connector so it never went through a public process. The Shannon & Wilson
report is irrelevant because it never when through a public process. When then -Director Williams proposed
the project to RCO for grants, WRIA 8 said there needed to be a public process. She emphasized Design 6
was mitigation for the Connector which the council decided against. She did not think the City should spend
any money on consultants or real estate people to look at the marsh until the Ecology reports are received
and there are comments from Ecology.
Councilmember Buckshnis continued, one report that was left out was the Terrestrial Ecological Evaluation
Report which is part of the Model Toxic Control Act related to unseen chemicals that needs to come from c
Unocal. She expressed concern that without the science, the City does not have enough information to make a
decisions. The science is important before the City makes decisions about going down any path. The right
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of first purchase is included in the last biennial and this biennial, a good sign that the state legislature
recognizes the City's intent to purchase it. She expressed support for tabling the MOU. N
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Councilmember Nand expressed appreciation for Mr. Tatum's responsiveness to questions and concerns w
from the council and the public. She agreed the City needed to do its due diligence and proceed with caution
and speak in unison to the state with regard to this potential momentous real estate acquisition.
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COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO r
TABLE CONSIDERATION OF THE MOU UNTIL JULY POSSIBLY IN TANDEM WITH THE Q
LETTER THAT THE COUNCIL JUST TABLED.
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS TEITZEL, BUCKSHNIS
AND NAND VOTING YES; COUNCILMEMBERS CHEN, OLSON, AND PAINE AND COUNCIL
PRESIDENT TIBBOTT VOTING NO.
Councilmember Chen thanked Mr. Tatum for his analysis and addressing questions raised in prior meetings.
He referred to Sections 6.1 which states the MOU is non -binding, 6.2 which states amendments can be
made with the agreement of both parties and 6.3 which indicates either party can terminate the MOU with
written notice. City Attorney Jeff Taraday advised the MOU is a nonbinding agreement and easily
terminable by either party at any time for any reason.
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8.3.a
Main Motion
COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
AUTHORIZE MAYOR NELSON TO SIGN THE MOU.
Amendment # 1
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
AMEND THAT EXPRESS COUNCIL APPROVAL IS NEEDED IN ADDITION TO BUDGET
AUTHORITY FOR ANY AND ALL SPENDING ON MARSH RELATED PROJECTS.
Councilmember Olson said the bottom line is not spending money on consultants until the City learns about
what comes out in the next report. This document signals the City's intent; whether it is binding or not, it
puts the City on a path which was what the authors of the letter objected to. Whether or not the path is
binding, that is a concern because the council is still questioning whether that is the right path. She
understood and agreed with what the authors of the letter were trying to do. The letter was tabled which
does not mean tabling it forever, it may be for a short while a new version is developed.
Councilmember Olson continued, she was in favor of going forward with the MOU, not because she thought
it was the perfect instrument or that she wanted to signal the City's intent, but because a lot of the work has
already done with this agency and she feared sending a mixed signal of thanks but no thanks did not bode
well for the City. She has read the MOU numerous times and felt confident it was not binding in any way,
but it did signal intent of going in a direction when the City should be worried about liability especially
without having all the results of study.
Councilmember Olson continued, with regard to her proposed amendment, the City can enter MOU but
should be very prudent about next steps. Council should be more involved in what is happening and should
discuss spending on consultants prior to getting the scientific reports from Ecology. She did not think the
council should support the MOU without having limits on the steps the administration can take to move in
this direction. The council should be in lockstep and participating in all those decisions; this would help
make that happen by requiring council approval of spending related to marsh vetting.
Regarding the motion to restrict spending, Councilmember Paine anticipated that would put sway on the a
MOU that is the opposite of the needed support, available options and exit pathways with WSDOT. Because a
of the way the MOU is structured, the City will have access to all the past Ecology decisions and data points M
as well as access to information Ecology plans to publish in July/August. She was not necessarily against �N,,
the amendment, but wanted to ensure the council was not tying hands so when the information is provided c
there will be more options and a longer timeline to conduct due diligence. This is terribly exciting and w
fraught with risk and she wanted to ensure the council was not unnecessarily tying the administration's
hands by restricting the ability to do that due diligence by requiring council approval.
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Council President Tibbott expressed support for the amendment, finding it puts the council on equal footing r
with the administration. He understood the council would typically approve a consultant contract, but a
making it explicit allows the council to evaluate the benefits of the strategies the City might use, including
funding for consultants.
Mayor Nelson said council should be aware if they are going down this path, then he will be evaluating the
time and staff allocation and availability to councilmembers.
Councilmember Nand observed the amendment was to the motion authorizing Mayor Nelson to sign the
MOU, but the amendment limits his authority to sign contracts under $100,000. Councilmember Olson
answered it would limit his authority to sign contracts related to the marsh. She did not change the original
motion to approve the MOU; the amendment was to require express council approval in addition to budget
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8.3.a
authority for marsh related projects. Councilmember Nand asked how that would affect ongoing consultant
contracts that the City is already engaged in related to the marsh. Mr. Tatum answered the langue is pretty
broad; if taken at face value, there are a lot of projects going on related to marsh. The MOU is asking for
something more specific, funding to further the purchase of the property, funding related to marsh
acquisition.
Councilmember Olson said if that was agreeable to the seconder, she was happy with that clarification.
Councilmember Nand observed if this amendment passed, it would reduce Mayor Nelson's contracting
authority related to acquisition of the marsh project to zero. Mr. Tatum said that was his understanding.
Councilmember Nand asked how administratively burdensome it would be to operate under this
amendment, to bring every expenditure to council. Mr. Tatum asked for clarification regarding what
expenditures this was related to, assuming it would not relate to anything that was currently ongoing,
construction or otherwise. It would be related to new money spent on appraisals, risk analysis, due diligence,
etc. He said it was hard to say how administrative burdensome this amendment would be. He assumed there
would be a quarterly budget amendment after the Ecology documents come out and the council would
authorize up to certain amount and bills up to that amount could be paid.
Mr. Taraday asked for clarification; if the amendment passes, he will inevitably be asked how to comply
with it so he wanted to ensure he understood the intent. As Mr. Tatum said, logically the motion would not
be retroactive with respect to contracts that have already been made or debts that have already been incurred,
because it obviously would be a problem if a debt had already been incurred and the council decided not to
approve the spending when it was previously within the mayor's spending authority. It sounds like the
intent of the maker of the motion would be that future contracts would need to go to council for approval
whether or not there was budget authority which is a significant change from the mayor's current spending
authority. The mayor's spending authority is set forth in purchasing policies adopted by resolution. It would
seem the proper place to make the change to that spending authority would be in that document so there are
no inconsistencies versus doing it via an amendment to a motion to approve an MOU. He summarized there
was a procedural piece to the motion that he was unclear about.
Councilmember Buckshnis asked where in the MOU this amendment would be added. She was in favor of
the council being apprised of spending on consultants, attorneys, etc. during this MOU process, but it did
not seem to fit in the MOU.
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Councilmember Olson responded it was a more general thing to apply to the marsh acquisition so the N
council can control going down this trajectory. There are different paths and the timing of those paths is io
something other councilmembers have objected to. It seems prudent to take this opportunity to control
whether the council is moving forward prior to having the information that everyone is excited to consider.
She suggested bringing it back next week once the right place for the amendment is determined. She was z
not looking for the dollar amount to be lowered or different which is the more general policy that Mr. U
Taraday was referring to, her concern was whether the City is paying for consultants or attorneys related to a
marsh acquisition prior to it being the right move for the City.
Councilmember Buckshnis agreed with Councilmember Olson's statement. She relayed her intent to
rescind her vote on Agenda Item 8.2.
Councilmember Olson suggested staff determine where the amendment would go and bring it back next
week.
Councilmember Paine commented this process seems to be internal to Edmonds and does not belong in the
MOU because it has nothing to do with the relationship/understanding in the MOU. Mr. Taraday agreed. If
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the council wants to direct him to draft a resolution to accomplish something along lines of Councilmember
Olson's amendment, that would be an appropriate way to accomplish that. He agreed a spending procedure
internal to the City did not belong in an agreement with WSDOT.
Councilmember Chen said he can appreciate Councilmember Olson's intent for the council to have more
control related to the marsh. However, this is an internal spending limit and not part of the MOU. Personally,
if the council gives the mayor the authority to sign the MOU, the City has qualified staff and experts in this
area, and he did not want to micromanage staff. He trusts staff as he does not have personal knowledge of
the marsh. The council has previously approved the mayor's spending limit of $100,000 and anything over
that has to come to council. He trusted the City's professional staff to make decisions they are authorized
to make.
Councilmember Nand commented if a majority of councilmembers are not comfortable with signing the
MOU tonight, she wished her motion to table had passed. This is a momentous document for the City and
a momentous process to potentially acquire the Unocal property, something people in Edmonds have been
working on for decades. She noted after offering her original amendment, Councilmember Olson said she
would like staff to work on incorporating the revision to the mayor's internal spending limits either within
the MOU or a separate document and bring it back next week. She asked if Councilmember Olson was
amending her original amendment.
Councilmember Olson said the MOU should be tabled until the resolution regarding the internal spending
limit on marsh acquisition related spending comes back to council so they would come back together.
Action on Amendment # 1
COUNCILMEMBER OLSON WITHDREW THE AMENDMENT WITH THE AGREEMENT OF
THE SECOND.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
TABLE THE MOU UNTIL THE RESOLUTION REGARDING THE SPENDING LIMITS ON
MARSH ACQUISITION EXPENSES COMES BACK TO COUNCIL.
Councilmember Chen raised a point of order, stating there was a motion on the floor.
Councilmember Olson explained that was why she proposed the spending limit as an amendment because
the motion to approve the MOU was already on the floor and she did not want to vote for the MOU until M
the spending limit was in place. c
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Mayor Nelson assured no money would be spent regarding the marsh until after next week.
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Councilmember Buckshnis raised a point of order, asking for a parliamentary decision because during
Agenda Item 8.2, there was a motion on the floor, and the council voted to table instead. She reiterated her r
intent to rescind her vote on the previous motion. a
Mr. Taraday explained a motion to table is not debatable, but a motion to postpone something indefinitely
is debatable. The council frequently uses the word table; if the intent is to postpone indefinitely or to a
certain time, the motion should be phrased that way.
Councilmember Buckshnis said Councilmember Chen's point of order was related to there already being a
motion on the table, the motion to authorize Mayor Nelson to sign the MOU. During Agenda Item 8.2,
there was also a motion on the floor that the council did not vote on, but voted on a motion to table. Mr.
Taraday advised all three of these are in order when there is main motion pending. When there is a main
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8.3.a
motion pending, the council has the option to postpone indefinitely which is debatable, postpone to a certain
time which is also debatable, or table which is not debatable.
Councilmember Olson restated her motion:
TO TABLE THE MOU UNTIL THE RESOLUTION REGARDING THE INTERNAL SPENDING
LIMIT ON MARSH ACQUISITION EXPENSES COMES BACK.
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS TEITZEL, BUCKSHNIS
AND OLSON VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS
CHEN, PAINE AND NAND VOTING NO.
Amendment 42
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
AMEND SECTION 2.8 TO READ, "THE CITY HAS EXPRESSED INTEREST IN ACQUIRING
THE FORMER UNOCAL PROPERTY FOR THE PURPOSE OF EXPANDING THE ADJOINING
EDMONDS MARSH ESTUARY AND THE CLEANUP SHOULD BE COMMENSURATE WITH THE
CITY'S USE OF THE SITE FOR SALMON RESTORATION.
Councilmember Buckshnis said the City needs to ensure the cleanup covers salmon recovery. Her
amendment was to expand the language to be very clear that the cleanup needs to be commensurate with
salmon restoration. The current language only refers to expanding the adjoining Edmonds Marsh Estuary
which could mean a contaminated park which is not what the City wants. The amendment clarifies than the
cleanup should be commensurate with the City's use of the site for salmon recovery.
Councilmember Chen asked if that limited actions in the marsh to salmon recovery, noting the marsh is
more than salmon recovery. Councilmember Buckshnis responded the most important thing to salmon
restoration/salmon recovery is the water. Salmon restoration will benefit birds, bees, etc., the entire habitat.
The language could include habitat, but the WRIA 8 grant was related to salmon recovery. The state's key
goal is salmon recovery. Once salmon are restored, all the other critters come into place.
Councilmember Paine viewed the proposed language as the Department of Ecology's job. She asked how >
that language would be put into action. Mr. Tatum said the language is not within the purview of °
relationship, the level of cleanup is governed by MTCA and Ecology's determinations or the City's own a
actions pre or post transfer of the land. He could not imagine WSDOT would accept that language because
it either is not in their purview or requires them to clean up the property at their expense. Mr. Taraday said N
WSDOT has been pretty careful about making sure the language in the MOU does not interfere with their N
contractual relationship with Unocal. The proposed language proports to dictate how the cleanup would be
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done, something that has been heavily contracted between WSDOT and Unocal and he assumed they would
be concerned about doing anything that could be perceived as interfering with their contract with Unocal
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Councilmember Teitzel referred to Section 2.14 of the Transportation budget, the section that governs the a
first right of purchase in the budget; the last part of the sentence says, "This would be for the City's intended
use of the property to rehabilitate nearshore habitat for salmon and related species." He concluded the
amendment proposed by Councilmember Buckshnis was consistent with the Transportation budget. Mr.
Taraday suggested WSDOT did not need to sign off on the Transportation budget, but the City would need
WSDOT to sign off on this MOU. Mr. Tatum said the language refers to the level of cleanup on the site
versus the purpose or intended use.
Amendment #3
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
AMEND THE AMENDMENT TO CHANGE THE WORDING TO, "FOR THE CITY'S INTENDED
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8.3.a
USE OF PROPERTY TO REHABILITATE NEARSHORE HABITAT FOR SALMON AND
RELATED SPECIES.
Councilmember Olson said she was very willing to support the amendment. The wording of the MOU was
floated by WSDOT and they were open to it. She wondered if it was important enough to add this language
and WSDOT was not open to it.
Councilmember Nand agreed the amendment and the amendment to the amendment had the potential to
trigger hesitation from the City's partners in the MOU. She was hesitant to make a statement about who is
responsible for cleanup and the level of cleanup at this stage. She asked how Councilmember Teitzel's
amendment to Councilmember Buckshnis' amendment would affect the City's bargaining position with
WSDOT.
Councilmember Teitzel read the entire revision to 2.8 in the MOU: "The City has expressed an interest in
acquiring the Former Unocal Property for the City's intended use of the property to rehabilitate nearshore
habitat for salmon and related species."
Councilmember Nand asked how the proposed amendment would affect the signaling of intent and
bargaining position with WSDOT and how this might potentially affect the stages for acquiring the marsh.
Mr. Tatum responded he was not sure it would have a material impact. Mr. Taraday agreed, advising
although he could not speak for WSDOT, he was hopeful the amended amendment would not be
objectionable to WSDOT.
Action on Amendment #2
UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN,
BUCKSHNIS, OLSON AND NAND VOTING YES; COUNCIL PRESIDENT TIBBOTT AND
COUNCILMEMBER PAINE VOTING NO.
Action on Amendment #3
UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN,
BUCKSHNIS, OLSON AND NAND VOTING YES; COUNCIL PRESIDENT TIBBOTT AND
COUNCILMEMBER PAINE VOTING NO.
MAIN MOTION AS AMENDED CARRIED (6-1), COUNCILMEMBERS TEITZEL, CHEN,
OLSON, PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; N
COUNCILMEMBER BUCKSHNIS VOTING NO. N
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4. ADOPT ORDINANCE TO ADD COMPOST PROCUREMENT REQUIREMENT IN w
COMPLIANCE WITH RCW 43.19A.150 c
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Mayor Nelson advised this item was removed from the agenda due to staff absence. It is not time sensitive. U
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5. RESOLUTION ADOPTING THE 2024 BUDGET PLANNING CALENDAR Q
Council President Tibbott explained the calendar was developed based on input at the budget retreat. Before
making amendments to calendar, he recommended a motion to adopt the resolution followed by
amendments. He reviewed:
• Proposed 2023 Budget Schedule for the 2024 Budget (for planning purposes, subject to change)
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8.3.a
Date
Description
Note
April
Budget Retreat — Council, Mayor and City Staff
Council Meeting
May
Resolution of Budget Schedule for the 2024 Budget
June
Council hosting 3 outreach events to community on Budget Priorities
Council -organized community
events
June
Public Hearing on 2024 Budget Priorities
5/27
Council Work Meeting on Budget Priorities
Council Special Meeting,
Brackett Room
July
Resolution of Council 2024 Budget Priorities
Council Meeting
7/11
Budget -Focused Committee Agenda:
Department reviews of 2023 Budget, 2023 Decision Packages and Budget
Amendments; outlook for remainder of 2023
Council Committee
August
Council requests a robust presentation of 2"d Quarter Financial Report, outlook
for remainder of 2023
Finance @ Council Meeting
September
2023 Salary Ordinance (Not required) Better if done before Mayor's budget
message is presented.
HR @ City Council Meeting
September
2023 Non -Represented Salary & Benefits Resolution. Better if done before
Mayor's budget message is presented_
HR @ City Counci I Meeting
September
Presentation of CIP/CFP
Proposed joint presentation to Council and Planning Board
September
Council discussion of CIP/CFP
Council Meeting
September
PublicHearing—CIP/CFP
Council Meeting
October
Adopt the 2023 CIP/CFP
Council Meeting
QctoBer
Salary Commission Determination
9/27 (Monday)
Mayor's Message and Presentation of Preliminary Budget
Mayor Presentation
10/3
Budget Orientation
Council Meeting
10/10
Budget -Focused Committee Agenda:
Department Operating Budget presentations/ discussion
Council Committee
10/17
Department Operation Budget presentations/ discussion
First Public Hearing on the 2024 Budget
Council Meeting
10/19 (Thursday)
Council Work Meeting—
Department Operation Budget questions and discussion
Council Special Meeting,
Brackett Room
10/24
Department Operating Budget presentations/discussion
Public Hearing— Revenue
Public Hearing — Property Tax
Council Meeting
10/30 (Monday)
Council Decision Packages/ Amendments Due
Council Work Meeting— Review Council DPs/Amendments
Council Special Meeting,
Brackett Room
10131
51' Tuesday (no scheduled meeting)
11/6 (Monday)
Second Public Hearing on the 2024 Budget
Council Budget Review and Discussion
Council Meeting
11/7
General Election
No Meeting
11114
(Cancel Council Committees)
Council Budget Review and Discussion
Council Special Meeting
11/16 (Thursday)
(If needed) Council Budget Review and Discussion
11/18 (Saturday)
(If needed) Council Budget Review and Discussion
11/20 (Monday)
(If needed) Council Budget Review and Discussion
11/21
Final Budget Review and Adoption of the 2024 Budget
Council Meeting
Councilmember Buckshnis commented this is wonderful, but things are being jammed up. She did not want
to repeat what happened in 2021 when an appointed councilmember was allowed to approve the budget
when an elected councilmember could have approved it. She was unsure why the proposed schedule has
adoption of the 2024 budget before the election is certified. She recalled what happened in 2021 was
disrespectful, assuring no disrespect to Councilmember Teitzel because they have worked on many budgets
in the past and he brings value to the team, he has helped her tremendously and is very experienced and she
is glad the council appointed him. The two candidates running for his seat will be following the budget just
like the two candidates that ran for former Councilmember Distelhorst's seat. She wanted to be cognizant
of citizens' concern with an appointed councilmember instead of the elected councilmember approving the
budget and avoiding the disaster that occurred in 2021.
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Councilmember Buckshnis asked if the administration had reviewed the schedule. Council President
Tibbott answered yes, there has been great cooperation from Director Turley in helping understand how the
pieces fit together. He was confident the schedule would be beneficial to the administration and to the
council.
Councilmember Buckshnis asked if approving the resolution set the schedule in stone, adopting the budget
on November 21. She preferred to go into the first week of December so the elected councilmember could
approve the budget. Council President Tibbott referred to Section 2 in the resolution which states, council
shall retain full authority to modify or amend the planning calendar.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
ACCEPT THE RESOLUTION AS PROPOSED.
Councilmember Nand thanked Council President Tibbott and Council Executive Assistant Beckie Peterson
for their work developing the calendar. When she joined the council on October 17 as an appointee,
basically during the I I' hour of budget season, it seemed incredibly stressful for everyone including
Director Turley. This seems like a much more workable timetable to consider the budget. This is a very
bizarre election cycle due to her and Councilmember Teitzel appointments and she hoped it would not be
considered disrespectful to allow Councilmember Teitzel to go through the entire budget process. She
recalled when she joined the council in the middle of the budget process, even though she had been
religiously attending meetings, it was difficult to review lengthy packets and be expected to have expertise
whereas the other councilmembers had had months to review information and make decisions. It will be
quite a learning curve for whoever is elected to Councilmember Teitzel's appointed position and she
concluded it would be kinder to stick to the proposed schedule and allow Councilmember Teitzel to vote
on the budget.
Councilmember Olson commented the need will dictate the schedule in the end. There has been interest
theoretically for a few years to move the calendar back; she agreed there was a big hubbub in 2021 and c
citizens and councilmembers included herself were not happy. She did not see a downside to planning in
advance and vetting the CIP/CFP early in the season. She supported the proposed schedule and was open o
to making changes if the budget could not be properly vetted in the time allotted. If the budget reflects c
inputs from the council and public through the outreach, there may not be a lot of amendments this year, a
the process could go more smoothly and this could be the year the council really excels. N
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Council President Tibbott commented the difference between this calendar and other years is this calendar c
is front loaded with input and deliberation among councilmembers before they get to a final vote. He w
anticipated there would be a lot of input and deliberation up front that will help the budget process smoother.
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COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO U
AMEND THE NUMBER OF OUTREACH EVENTS ON THE BUDGET CALENDAR FROM r
THREE TO TWO, WITH THE THIRD OUTREACH EVENT BEING THE PUBLIC HEARING IN Q
JUNE. MOTION CARRIED UNANIMOUSLY.
MAIN MOTION AS AMENDED (RESOLUTION 1521) CARRIED UNANIMOUSLY.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
EXTEND UNTIL 10:10 P.M. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
AMEND THE AGENDA TO ADD A RESOLUTION REGARDING THE INTERNAL SPENDING
LIMIT ON MARSH ACQUISITION RELATED ITEMS AND DIRECT THE CITY ATTORNEY TO
BRING BACK THE RESOLUTION TO A FUTURE MEETING.
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8.3.a
UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS TEITZEL, BUCKSHNIS,
OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS CHEN,
PAINE AND NAND VOTING NO.
6. RESOLUTION REGARDING INTERNAL SPENDING
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
HAVE THE CITY ATTORNEY DRAFT A RESOLUTION BASED ON THE CONVERSATION
EARLIER IN THE MEETING.
During the vote, Councilmember Chen raised a question about the dollar limit, stating if it was zero, he
would vote no. Mayor Nelson advised the motion does not specify that detail.
UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS TEITZEL, BUCKSHNIS
AND OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS
CHEN, PAINE AND NAND VOTING NO.
Councilmember Buckshnis asked to reconsider her vote on Agenda Item 8.2 and add it to the agenda. 2
Councilmember Olson raised a point of order, asking if there was a provision that allowed this to be taken
m
up at the next meeting. Councilmember Buckshnis said she planned to do that once it was on the agenda. c
Mr. Taraday advised Councilmember Buckshnis was not a prevailing party on the motion to table 8.2 and a
therefore would not be able to move for reconsideration. Councilmember Buckshnis said she voted yes and
wanted to change her vote. Mr. Taraday said his notes reflect there was a motion to table the letter.
Councilmember Buckshnis said she voted yes and wanted to reconsider her vote. Mr. Taraday reiterated
L
his notes did not indicate she was on the prevailing side. City Clerk Scott Passey said if Councilmember
Buckshnis voted to table, the vote can only be reconsidered by someone who voted against it. If she voted
in favor of tabling, she could not move for reconsideration. Councilmember Buckshnis said she wanted to
change her vote. Mr. Passey said Councilmember Buckshnis voted to lay the motion on table. Mayor Nelson c
explained Councilmember Buckshnis could not change her vote because the vote failed. Councilmember >
Buckshnis said the prevailing party tabled the letter and she would like reconsider and change her vote. a
c
Mr. Taraday suggested Councilmember Buckshnis make a motion to take the item from the table. a
M
N
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO N
REMOVE IT FROM THE TABLE. �o
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS TEITZEL, BUCKSHNIS
AND OLSON VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS E
CHEN, PAINE AND NAND VOTING NO.
r
r
9. MAYOR'S COMMENTS Q
Mayor Nelson said he was looking forward to the Memorial Day Ceremony on Monday at 11 a.m.
10. COUNCIL COMMENTS
Councilmember Nand relayed some marsh supporters who came to her office hours last week provided her
a flyer about contest in June for artwork inspired by the marsh. She invited anyone interested in participating
in the art contest to memorialize the marsh in artwork to reach out to her and she will connect them with
the art contest organizers.
Edmonds City Council Draft Minutes
May 23, 2023
Page 23
Packet Pg. 76
8.3.a
Councilmember Buckshnis thanked everyone who contacts her for their information and comments. The
WRIA 8 grant funding process was completed. She welcomed councilmembers to talk to her about the
information she received during review of the grants. WRIA 8 has more money than they have ever had.
She planned to attend the Memorial Day Ceremony.
Councilmember Paine congratulated Port of Edmonds Executive Director Bob McChesney on his
retirement. She reported on the beautiful and very inspiring ceremony for the Housing Hope project. She
reported on the event at the Public Works Department where they were recognized for their work as first
responders.
Councilmember Chen agreed the Housing Hope kickoff was inspiring. He extended an invitation the Asian
Service Center kickoff on Saturday, June 3 at the Edmonds Waterfront Center from 10 a.m. to noon. The
event will include food from various Asian countries and performances/entertainment. He encouraged the
public to attend and to refer anyone who needs services to the agency. The agency has been recognized and
supported by Verdant, the Hazel Miller Foundation, and others.
11. ADJOURN
With no further business, the Council meeting was adjourned at 10:08 p.m.
Edmonds City Council Draft Minutes
May 23, 2023
Page 24
Packet Pg. 77
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r
Q
8.4
City Council Agenda Item
Meeting Date: 06/6/2023
Correction to Edmonds City Council Approved Minutes, April 4, 2023
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
During the April 4, 2023 Council discussion of Councilmember Zone Representation Annual Assignments,
Councilmember Buckshnis stated that "she did not support a policy that requires every councilmember
to hold a town hall meeting...". The minutes for the meeting did not accurately reflect this statement.
(attached) The minutes were approved on consent in the April 18, 2023 meeting. Councilmember
Buckshnis noticed the error after the approval.
Recommendation
Approve the amendment of the April 4, 2023 minutes.
Narrative
Amend the April 4, 2023 minutes (page 20) to state:
"Councilmember Buckshnis said some councilmembers may be introverted and not want to hold a town
hall meeting. She is an extrovert and loves town hall meetings and has learned a lot from them. She did
not support adopting a policy that requires every councilmember to hold a town hall meetings if that
was not something they wanted to do."
Attachments:
Pages from 2023-04-04 City Council - Full Minutes
Packet Pg. 78
8.4.a
Councilmember Chen agreed submitting a new application was cumbersome and time consuming for staff
and volunteers. However, if the same volunteers are reappointed over and over, that may preclude the
opportunity for new volunteers to participate. He suggested the council consider a term limit.
Council President Pro Tern Olson commented the narrative did address term limits and some
boards/commissions do have term limits and others are silent. As the group discusses a policy, they will
keep that in mind as a possibility.
Councilmember Buckshnis agreed with Councilmember Nand and clarified it has only been under this
administration where members have been removed from the planning board which is entirely mayor
appointed. If the council make boards and commissions consistent, planning board and ADB members
should also be council appointed; the members are currently appointed by the mayor. She could think of
only one other instance during the previous administration where the council did not want a planning
board member to continue but other than that, there have never been any problems like there have been
under this administration. If the intent is to eliminate political targeting, the planning board and ADB
should be changed to a council appointment authority.
Council President Pro Tern Olson advised a policy or code that takes the council's input into
consideration will be presented to council in the future for their review. She observed there was consensus
not to have incumbents reapply or to advertise for their position.
2. COUNCILMEMBER ZONE REPRESENTATION ANNUAL ASSIGNMENTS
As the author of this agenda memo, Council President Pro Tern Olson said she wished she had used
"liaison" instead of "representation" because it would have added clarity. This concept was originally
suggested by Darrol Haug. Each year the council president assigns many liaison roles for boards and
commissions, outside agencies, etc. In 2019 subareas or districts were created to ensure fair and
geographically proportionate citizen representation for the Edmonds Housing Commission; the district
map is available in the agenda memo for this item. Seven geographic districts were established for the
housing commission and each of the seven councilmembers appointed a member of the commission.
Council President Pro Tern Olson assured the proposal was not intended to change the current at -large
system for councilmembers. However, it could in the short term deliver benefits that some people have
sought related to districting, having someone paying attention to a particular area. In this proposal, the
councilmember assigned to the zone would not necessarily live in that zone, but for that one year, the
councilmember would have certain responsibilities related to being the liaison to that zone. Everyone in
the City of Edmonds is represented by every councilmember and people are free to contact any
councilmember for any reason, but the assigned liaison would have responsibility for a certain amount of
outreach. Due to the amount of time that has already passed this year, the council may decide not to do as
much this year as will be done in subsequent years. The assignment of councilmembers to zones will
evolve over time including establishing rules and procedures to better describe the role.
Council President Pro Tern Olson continued, for example, during the pandemic, she held five open air
budget talks which she organized and hosted with the help of the council's administrative assistant. She
attended each of those talks and invited other councilmembers to join her. She acknowledged holding
those talks required a lot of time and effort; it would have been much easier if she had only been required
to hold one talk. She assured this isn't about creating turfs for councilmembers or preventing
councilmember from being involved with all areas of the City because councilmembers are at -large
members. The intent is to give each councilmember a specific assignment and the responsibility for
engaging with residents in that zone and to bring information back to the council legislative process via
the budget, CIP/CFP, etc. She hoped this explanation clarified some of the issues.
Edmonds City Council Approved Minutes
April 4, 2023
Page 18
Packet Pg. 79
8.4.a
Councilmember Nand commented on the commitment of council resources, noting it would require some
of the executive assistant's time to schedule town halls, etc. She asked if there was a budget for holding
town halls or doing mailers to communicate with constituents in councilmembers' assigned zones.
Council President Pro Tern Olson answered no budget has been established; there are some funds for
miscellaneous and engaging with the community would be a good use of those funds. Councilmembers
can use City facilities for official city business at no cost, such as the Meadowdale Clubhouse. She did
not anticipate there would be an excess of expenses.
Councilmember Paine commented philosophically she loved the idea, but "assignment" sounded very top
down. She liked the idea of having better representation across all districts as it would be better for
sharing information in the communities. However, several councilmembers live near each other and do
not provide a good geographic representation of the entire City. Obligations are voluntary and if
notifications were provided, she wanted them to be in numerous languages which will require some
funding. Councilmembers would not be limited to holding town halls/meetings in City facilities and could
meet in coffee shops or other places. She recalled when she was on the school board, there were
geographic assignments.
Council President Pro Tern Olson raised a point of order, requesting the discussion not address districting
as that was not the topic of this agenda item.
Councilmember Paine commented councilmembers represents everyone and if they are not out in the
community, this seems very prescriptive. She loved the idea, but felt councilmembers should be doing it
all the time in any case.
Councilmember Teitzel commented he liked this idea and it was elegantly simple. He and
Councilmember Buckshnis were on the council in 2019 when the 7 zones created which are roughly
geographically the same size and have roughly the same number of household in each zone. He liked
using "liaison to a zone," finding that an effective term and a way for the people who live in the zones to
feel like they have a champion if they want to bring an issue to council. Anyone has complete freedom to
contact any councilmember, but he envisioned residents would find comfort in having someone who
would dig deeper and air their issues. He expressed his full support for this proposal.
Councilmember Buckshnis said she liked the idea, but did not see it happening as beautifully as Council
President Pro Tern Olson envisioned. She anticipated a lot of turf wars, recalling in 2020 then-
Councilmember K. Johnson was told not to come to a committee because she knew too much. This is a
slippery slope as all councilmembers should represent everyone. She liked the idea of a smaller group, but
she and other councilmembers would do what they needed to do. Her issue was attempting to put
everyone into a box; she did three townhalls throughout the City and planned to do more this year because
the budget and audit caused a lot of concern and she wanted to ensure citizens have a voice. She feared
someone would get mad if she went into their district when in reality she knows a lot about municipal
finance and people like to discuss it. She feared having liaisons or districts would cause internal conflicts
although that may not happen with this council. She will continue to represent everyone as
councilmembers can talk to anyone anywhere and she hoped there would not be any turf wars.
Councilmember Chen said he liked the concept of districting so councilmembers could spend more time
getting to know an area, the businesses, residents, roads, and bring concerns/problems to staff and the
council. This may be a good start and lead to districting long term. If a councilmember is truly responsible
for a zone, there needs to be some meat on it, there need to be some consequences. If a councilmember
does not represent a district, that zone will ultimately not vote for them. It is not the topic of tonight's
discussion, but in the long run it will likely require the involvement of the city attorney to look into
districting. Council President Pro Tern Olson cautioned councilmembers to stay on topic.
Edmonds City Council Approved Minutes
April 4, 2023
Page 19
Packet Pg. 80
8.4.a
Councilmember Nand said she presently has office hours every Thursday at 4 pm in city hall which
requires residents to come to city hall which is not very accessible. She was pleased by this concept and
did not envision any problems arising if a councilmember joined another councilmember's town hall. She
was interested in expanding outside the municipal bubble downtown into the neighborhoods so instead of
citizens coming to council, councilmembers would go to them. To Councilmember Buckshnis' point,
some councilmembers are very proactive and already doing outreach, but this would institutionalize that
and create a framework for all councilmembers conducting outreach activities. .
Councilmember Teitzel said nothing about this proposal precludes looking into alternative forms of
government longer term. He supported forming a task force to look into things like districting as well as a
changing to a weak mayor -strong council form of government, code city versus charter city, etc.
With regard to assignments being top down or having mandatory activities associated with liaisons,
Council President Pro Tem Olson commented when councilmembers are assigned as liaisons to boards,
commissions, committees, etc., they are expected to attend monthly meetings. If this was adopted as a
policy, there should be some regular expectation such as holding a town hall meeting in the zone prior to
the budget. That can be decided or finetuned at a future budget retreat, but it would be great to at least
hold one town hall in each zone to get things started this year. She will bring this back as an agenda item.
Many assignments are top down such as the council president making liaison assignments; this would
simply be another liaison assignment with some expectations.
Councilmember Buckshnis said some councilmembers may be introverted and not want to hold a town
hall meeting. She is an extrovert and loves town hall meetings and has learned a lot from them. She did
support adopting a policy that requires every councilmember to hold a town hall meetings if that was not
something they wanted to do.
Councilmember Paine agreed with Councilmember Buckshnis' comment. Having councilmembers serve
as the liaison to a particular zone is not the same as liaisons to boards and commissions. As the city
attorney said, councilmembers do not have any authority over other elected officials, each elected official
is separately elected and they are peers, something that is not being considered in this discussion and the
reason she phrased it as being top down. It is a good idea and councilmembers should already be doing
this as they represent everyone.
10. COUNCIL COMMENTS
Councilmember Buckshnis reported the Edmonds Waterfront annual breakfast was great; it was fun to see
everyone and a lot of money raised. She wished a Happy Birthday to former Councilmember Jack Bevin
who turned 100 on Sunday and is sharp as a whip. She reported councilmembers will receive a book from
Port Commissioner Dave Preston written by Todd Meyers, "Time to Think Small: How Nimble
Environmental Technologies Can Solve the Planet's Biggest Problems." She knew Todd's dad Hank who
used to be a councilmember in Redmond when they were on WRIA 8 together. Everyone needs to think
about the environment. The City's Climate Action Plan was focused on GHG, but attention needs to be
given to other things.
Councilmember Nand referred to her article in My Edmonds News a few days ago about when to rescue
baby cottontails. Every year people find nests with baby rabbits and thinking they are in distress, try to
rescue them, not realizing they are probably condemning them to death because the mama is away from
the nest for a reason and does not want to lead predators back to the nest. If the babies are removed from
the nest and taken to a wildlife rescue, cottontails are considered an invasive species and are likely to be
euthanized as hand -rearing them is extremely difficult. If people enjoy having cottontails in their yard,
she suggested creating a predator -proof fence around the nest to keep pets and larger animals away until
Edmonds City Council Approved Minutes
April 4, 2023
Page 20
Packet Pg. 81
8.5
City Council Agenda Item
Meeting Date: 06/6/2023
Approval of claim checks and wire payments.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #257606 through #257709 dated May 25, 2023 for $1,369,125.03, checks
#257710 through #257791 dated June 1, 2023 for $1,360,247.82 and wire payments of $42,679.96,
$22,448.55, $4,558.60 & $9,124.08.
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 payments.
Attachments:
Agenda positivepay 05-25-23
Agenda positive pay 6-1-23
Agenda positivepay westwater 06-01-23
Packet Pg. 82
8.5.a
apPosPay Positive Pay Listing Page: 1
5/25/2023 1:35:55PM City of Edmonds
Document group: mmccreary
Vendor Code & Name Check # Check Date Amount
076040
911 SUPPLY INC
257606
5/25/2023
1,536.59
065052
AARD PEST CONTROL
257607
5/25/2023
188.96
069751
ARAMARK UNIFORM SERVICES
257608
5/25/2023
302.70
069751
ARAMARK UNIFORM SERVICES
257609
5/25/2023
344.13
025217
ARG INDUSTRIAL
257610
5/25/2023
248.04
079288
ASIAN SERVICE CENTER
257611
5/25/2023
500.00
001699
ASSOC OF WA CITIES
257612
5/25/2023
475.00
001527
AWWA
257613
5/25/2023
2,372.00
002100
BARNARD, EARL
257614
5/25/2023
802.28
076260
BELAIR, ROGER
257615
5/25/2023
595.00
012005
BENDIKSEN & BALL POLYGRAPH
257616
5/25/2023
1,200.00
074815
BERESFORD BOOTH PLLC
257617
5/25/2023
125.00
068007
BICKFORD MOTORS INC
257618
5/25/2023
489.14
074307
BLUE STAR GAS
257619
5/25/2023
1,759.52
018495
CALPORTLAND COMPANY
257620
5/25/2023
1,327.25
073029
CANON FINANCIAL SERVICES
257621
5/25/2023
825.37
077353
CAPITOL CONSULTING LLC
257622
5/25/2023
3,900.00
075092
CASCADE BICYCLE CLUB ED FNDN
257623
5/25/2023
2,000.00
069813
CDW GOVERNMENT INC
257624
5/25/2023
183.16
019215
CITY OF LYNNWOOD
257625
5/25/2023
42,307.00
074559
CLARK, PATRICK
257626
5/25/2023
247.85
065163
CLEMENS, JIM
257627
5/25/2023
136.00
076783
COMBAT FIRST AID -FOREMAN CONSL
257628
5/25/2023
3,000.00
004867
COOPER, JACK F
257629
5/25/2023
5,931.49
072786
CTS LANGUAGE LINK
257630
5/25/2023
757.43
077437
DASH MEDICAL GLOVES INC
257631
5/25/2023
507.75
079013
DEALERSHIP GLASS AUTO GLASS
257632
5/25/2023
43.59
006626
DEPT OF ECOLOGY
257633
5/25/2023
67.00
079292
DH ENVIRONMENTAL INC
257634
5/25/2023
76,874.85
079281
DVAADVERTISING & PUBLIC REL
257635
5/25/2023
15,071.64
007675
EDMONDS AUTO PARTS
257636
5/25/2023
22.09
076610
EDMONDS HERO HARDWARE
257637
5/25/2023
152.19
069912
EDMONDS PUBLIC FACILITIES DIST
257638
5/25/2023
160.00
008705
EDMONDS WATER DIVISION
257639
5/25/2023
29,400.38
008812
ELECTRONIC BUSINESS MACHINES
257640
5/25/2023
740.34
047407
EMPLOYMENT SECURITY DEPT
257641
5/25/2023
2,101.99
008975
ENTENMANN ROVIN CO
257642
5/25/2023
183.00
009350
EVERETT DAILY HERALD
257643
5/25/2023
251.12
071845
GENERAL PACIFIC INC
257644
5/25/2023
2,097.29
074722
GUARDIAN SECURITY SYSTEMS
257645
5/25/2023
66.85
012560
HACH COMPANY
257646
5/25/2023
17,707.65
074804
HARLES, JANINE
257647
5/25/2023
300.00
072184
HAUSS, BERTRAND
257648
5/25/2023
22.39
072647
HERRERA ENVIRONMENTAL
257649
5/25/2023
4,520.41
074966
HIATT CONSULTING LLC
257650
5/25/2023
200.00
076240
HM PACIFIC NORTHWEST INC
257651
5/25/2023
1,418.48
061013
HONEY BUCKET
257652
5/25/2023
4,210.86
075966
HULBERT, CARRIE
257653
5/25/2023
2,851.67
076488
HULBERT, MATTHEW STIEG
257654
5/25/2023
500.00
078250
KAUFER DMC LLC
257655
5/25/2023
300.00
079069
KISHA POST
257656
5/25/2023
2,555.00
017050
KW ICK'N KLEEN CAR WASH
257657
5/25/2023
446.16
075159
LIFE INSURANCE CO OF NO AMER
257658
5/25/2023
15,549.65
Page: 1
Packet Pg. 83
8.5.a
apPosPay Positive Pay Listing
5/25/2023 1:35:55PM City of Edmonds
Document group: mmccreary
Vendor Code & Name Check # Check Date Amount
073603
LIGHTHOUSE LAW GROUP PLLC
257659
5/25/2023
48,039.30
074263
LYNNWOOD WINSUPPLY CO
257660
5/25/2023
2,353.99
067235
MARYS TOWING INC
257661
5/25/2023
185.75
079084
MCLAUGHLIN, SUSAN
257662
5/25/2023
599.13
020900
MILLERS EQUIP & RENT ALL INC
257663
5/25/2023
1,531.11
074556
MOORE, IACOFANO & GOLTSMAN INC
257664
5/25/2023
7,280.00
024001
NC MACHINERY
257665
5/25/2023
438.62
075542
NORTHWEST LANDSCAPE SUPPLY
257666
5/25/2023
212.35
072739
O'REILLY AUTO PARTS
257671
5/25/2023
67.48
065720
OFFICE DEPOT
257667
5/25/2023
41.39
077191
OGLETREE, DEAKINS, NASH, SMOAK
257668
5/25/2023
2,598.00
026200
OLYMPIC VIEW WATER DISTRICT
257669
5/25/2023
24.00
063750
ORCA PACIFIC INC
257670
5/25/2023
604.99
002203
OWEN EQUIPMENT COMPANY
257672
5/25/2023
1,650.31
074853
PACIFIC FITNESS PRODUCTS LLC
257673
5/25/2023
255.26
072507
PEACE OF MIND OFFICE SUPPORT
257674
5/25/2023
428.00
078800
POPA & ASSOCIATES
257675
5/25/2023
600.00
075769
QUADIENT LEASING USA INC
257676
5/25/2023
770.08
062657
REGIONAL DISPOSAL COMPANY
257677
5/25/2023
3,069.36
075737
ROBINSON, HUA
257678
5/25/2023
130.00
064769
ROMAINE ELECTRIC
257679
5/25/2023
122.46
066918
SEDOR, NORMAN
257680
5/25/2023
7,000.00
070495
SEPULVEDA, PABLO
257681
5/25/2023
130.00
063306
SHERWIN-WILLIAMS
257682
5/25/2023
144.94
071655
SHI INTERNATIONAL CORP
257683
5/25/2023
991.06
070127
SHIER, JASON J
257684
5/25/2023
192.00
072214
SIGMA-ALDRICH INC
257685
5/25/2023
235.96
036955
SKY NURSERY
257686
5/25/2023
185.20
037375
SNO CO PUD NO 1
257687
5/25/2023
23,273.77
063941
SNO CO SHERIFFS OFFICE
257688
5/25/2023
41,785.07
037303
SO SNOHOMISH CO FIRE & RESCUE
257689
5/25/2023
917,042.00
076054
STRUM, KRAIG
257690
5/25/2023
192.00
074797
SUPER CHARGE MARKETING LLC
257691
5/25/2023
650.00
065578
SYSTEMS INTERFACE INC
257692
5/25/2023
390.00
040917
TACOMA SCREW PRODUCTS INC
257693
5/25/2023
202.61
075587
THE UPS STORE #6392
257694
5/25/2023
44.82
073749
THE WATERSHED COMPANY
257695
5/25/2023
4,156.25
072649
THE WIDE FORMAT COMPANY
257696
5/25/2023
232.05
068141
TRANSPO GROUP
257697
5/25/2023
5,383.25
042750
TRIBUZIO, WALLACE
257698
5/25/2023
2,041.20
064423
USA BLUE BOOK
257699
5/25/2023
545.04
068259
WA ST CRIMINAL JUSTICE
257700
5/25/2023
8,424.00
047960
WEAN, GREG
257701
5/25/2023
2,045.96
074609
WEST COAST ARMORY NORTH
257702
5/25/2023
162.00
077286
WSP USA INC
257703
5/25/2023
2,617.99
064213
WSSUATREASURER
257704
5/25/2023
1,360.00
079289
YENTER, ANNABELLE
257705
5/25/2023
100.00
078807
ZACHOR STOCK & KREPPS INC PS
257706
5/25/2023
25,456.70
011900
ZIPLY FIBER
257707
5/25/2023
1,157.18
073079
ZONES LLC
257708
5/25/2023
1,547.00
051282
ZUMAR INDUSTRIES INC
257709
5/25/2023
559.14
GrandTotal :
1,369,125.03
Total count:
104
Page: 2
Packet Pg. 84
8.5.b
apPosPay Positive Pay Listing Page: 1
6/1/2023 12:28:54PM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
073947
A WORKSAFE SERVICE INC
257710
6/1/2023
180.00
070322
A&A LANGUAGE SERVICES INC
257711
6/1/2023
360.00
078745
A-1 LANDSCAPING & CONSTRUCTION
257712
6/1/2023
300,726.85
065052
AARD PEST CONTROL
257713
6/1/2023
655.28
061029
ABSOLUTE GRAPHIX
257714
6/1/2023
56.48
065568
ALLWATER INC
257715
6/1/2023
91.16
069751
ARAMARK UNIFORM SERVICES
257716
6/1/2023
277.08
078237
ARIAS, ADRIAN
257717
6/1/2023
130.00
064341
AT&T MOBILITY
257718
6/1/2023
43.35
069226
BHC CONSULTANTS LLC
257719
6/1/2023
16,927.33
079293
BITTNER, NANCY LYNN
257720
6/1/2023
12.03
078083
BUYCE JR, RICHARD J
257721
6/1/2023
132.00
075280
BYRUM, RICHARD A
257722
6/1/2023
222.00
079294
C-BECKER, AKIN PAGE
257725
6/1/2023
19.63
073029
CANON FINANCIAL SERVICES
257723
6/1/2023
164.53
071816
CARLSON, JESSICA
257724
6/1/2023
1,047.20
003510
CENTRAL WELDING SUPPLY
257726
6/1/2023
370.50
073249
CG ENGINEERING, PLLC
257727
6/1/2023
4,810.00
070323
COMCAST BUSINESS
257728
6/1/2023
398.81
072746
CONSOR NORTH AMERICA INC
257729
6/1/2023
4,054.65
079295
COULOMBE, KEVIN G
257730
6/1/2023
12.10
005965
CUES INC
257731
6/1/2023
1,152.06
078943
DIEL, ARNIE WAYNE
257732
6/1/2023
370.00
075153
DOPPS, MARIA
257733
6/1/2023
130.00
076610
EDMONDS HERO HARDWARE
257734
6/1/2023
93.38
008705
EDMONDS WATER DIVISION
257735
6/1/2023
3,479.31
008812
ELECTRONIC BUSINESS MACHINES
257736
6/1/2023
146.45
008969
ENGLAND, CHARLES
257737
6/1/2023
299.20
075136
ENVIRONMENTAL SCIENCE ASSOC
257738
6/1/2023
115.00
076751
FALK, NICHOLAS
257739
6/1/2023
118.56
065427
FCS GROUP
257740
6/1/2023
1,800.00
079184
FORMA CONSTRUCTION COMPANY
257741
6/1/2023
47,134.52
079296
FRECHIN, DOUGLAS
257742
6/1/2023
15.11
079297
GARDNER, KARA LYNNE CALLAGHAN
257743
6/1/2023
17.73
076542
GRANICUS
257744
6/1/2023
1,566.35
012560
HACH COMPANY
257745
6/1/2023
1,372.40
076333
HASA INC
257746
6/1/2023
8,918.38
079298
HAWES, JANET LORRAINE
257747
6/1/2023
12.69
076240
HM PACIFIC NORTHWEST INC
257748
6/1/2023
470.86
079113
HOLLY RUIZ LLC
257749
6/1/2023
336.00
067862
HOME DEPOT CREDIT SERVICES
257750
6/1/2023
3,133.76
067862
HOME DEPOT CREDIT SERVICES
257751
6/1/2023
1,787.52
072627
INTRADO LIFE & SAFETY INC
257752
6/1/2023
500.00
075062
JAMESTOWN NETWORKS
257753
6/1/2023
1,303.90
079227
JAMTOWN LLC
257754
6/1/2023
420.75
079299
KERNS, DONNA M
257755
6/1/2023
14.06
071137
KIDZ LOVE SOCCER
257756
6/1/2023
3,682.25
017135
LANDAU ASSOCIATES INC
257757
6/1/2023
999.53
074417
LAW OFFICE OF CHRISTIAN SMITH
257758
6/1/2023
4,375.00
076001
LUCIE R BERNHEIM, ATTYAT LAW
257759
6/1/2023
725.00
018980
LYNNWOOD HONDA
257760
6/1/2023
38.98
069862
MAKERS ARCHITECTURE AND
257761
6/1/2023
1,308.30
075716
MALLORY PAINT STORE INC
257762
6/1/2023
773.53
Page: 1
Packet Pg. 85
8.5.b
apPosPay Positive Pay Listing
6/112023 12:28:54PM City of Edmonds
Document group:
jacobson
Vendor Code & Name
Check #
Check Date
Amount
077253
MAYES TESTING ENGINEERS INC
257763
6f112023
2,024.00
077076
MAYLOR, UNEEK
257764
6f112023
429.49
072218
MONROE, JAMES W
257765
6f112023
13.21
078936
MORGISON, DUANE
257766
6f112023
296.00
067834
NATIONAL CONSTRUCTION RENTALS
257767
6f112023
39.78
074866
NORTHWEST PLAYGROUND EQUIPMENT
257768
611l2023
552.50
077389
OLYMPIC ELEVATOR COMPANY
257769
6f112023
808.86
063750
ORCA PACIFIC INC
257770
6f112023
1,587.06
079300
PARK, YONG SONG
257771
6f112023
15.37
046900
PUGET SOUND ENERGY
257772
6f112023
9,222.07
068657
ROBERT HALF
257773
6f 112023
2,270.37
065769
SADORUS, JEFFREY
257774
611l2023
296.00
077069
SEMACONNECT INC
257775
6f112023
188.26
070495
SEPULVEDA, PABLO
257776
6f112023
162.50
079290
SHAW, MIKE
257777
6f112023
177.50
063306
SHERWIN-WILLIAMS
257778
6f112023
47.48
072214
SIGMA-ALDRICH INC
257779
6/1/2023
118.62
075543
SNO CO PUBLIC DEFENDER ASSOC
257780
6f1l2023
185.86
037375
SNO CO PUD NO 1
257781
611l2023
7,686.12
075❑25
THE BRANDING [RON LLC
257782
6f112023
3.32
027269
THE PART WORKS INC
257783
£f112023
1,149.89
078891
TUBE ART GROUP
257784
6f112023
59,496.44
067865
VERIZON WIRELESS
257785
6f112023
16,492.80
067195
WASHINGTON TREE EXPERTS
257786
6f112023
1,491.75
075635
WCP SOLUTIONS
257787
611l2023
2,138.18
079301
WEST, DEBORAH K
257788
6f112023
16.22
077286
WSP USA INC
257789
6f112023
49,005.71
011900
ZIPLY FIBER
257790
6f112023
1,109.84
GrandTotal:
574,326.76
Total count:
81
Page:2
Packet Pg. 86
apPosPay
6/1 /2023 1:59:24PM
Document group: jacobson
Vendor Code & Name
Positive Pay Listing
City of Edmonds
Check # Check Date
079083 WESTWATER CONSTRUCTION COMPANY 257791
8.5.c
Page: 1
Amount
6/1 /2023 785,921.06
GrandTotal: 785,921.06
Total count: 1 w
Page: 1
Packet Pg. 87
8.6
City Council Agenda Item
Meeting Date: 06/6/2023
Approval of payroll and benefit checks, direct deposit and wire payments.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Lori Palmer
Background/History
Approval of #65677, dated May 19, 2023 for $1,313.75, payroll check #65678 from Teamster's
Retroactive pay dated May 26, 2023 for $179.05, payroll checks #65679 through #65686 dated June 5,
2023 for $10,452.12, payroll direct deposit for $807,103.35, benefit checks #65687 through #65691 and
wire payments for $749,674.24, for the pay period of May 16, 2023 through May 31, 2023.
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 payments.
Attachments:
benefit checks summary 05-31-2023
payroll earnings summary 05-19-2023
payroll earnings summary 05-31-2023
Packet Pg. 88
Benefit Checks Summary Report
City of Edmonds
Pay Period: 1,096 - 05/16/2023 to 05/31/2023
Bank: usbank - US Bank
Check #
Date
Payee #
Name
Check Amt
65687
06/05/2023
bpas
BPAS
4,828.54
65688
06/05/2023
chap1
CHAPTER 13 TRUSTEE
175.00
65689
06/05/2023
icma
MISSIONSQUARE PLAN SERVICES
5,871.63
65690
06/05/2023
flex
NAVIA BENEFIT SOLUTIONS
4,147.28
65691
06/05/2023
afscme
WSCCCE, AFSCME AFL-CIO
3,099.04
18,121.49
Bank: wire - US BANK
Check #
Date
Payee #
Name
Check Amt
3524
06/05/2023
pens
DEPT OF RETIREMENT SYSTEMS
387,363.86
3528
06/05/2023
aflac
AFLAC
3,680.16
3530
06/05/2023
us
US BANK
156,000.42
3531
06/05/2023
mebt
WTRISC FBO #N317761
146,266.20
3533
06/05/2023
pb
NATIONWIDE RETIREMENT SOLUTION
6,723.00
3534
06/05/2023
wadc
WASHINGTON STATE TREASURER
30,714.61
3535
06/05/2023
oe
OFFICE OF SUPPORT ENFORCEMENT
804.50
731,552.75
Grand Totals: 749,674.24
6/ 1 /2023
8.6.a
0
a
m
v
Direct Deposit
m
L
0.00
N
Y
0.00
m
0.00
0.00
=
0.00
m
c
a�
0.00
0
L
Direct Deposit
f°
a
0.00
4-
0
0.00
f°
0.00
0
0.00
0.
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0.00
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0.00
M
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Packet Pg. 89
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,135 (05/19/2023 to 05/19/2023)
Hour Type Hour Class Description Hours
pfmp ABSENT
pfms SICK
Paid Family Medical Unpaid/Sup
Paid FAMILY MEDICAL/SICK
Amount
-36.00 0.00
36.00 1,641.48
0.00 $1,641.48
Total Net Pay: $1,313.75
8.6.b
c
0
L
R
Q
4-
0
0
L
Q
Q
Q
3
O
L
Q
06/01/2023 Packet Pg. 90
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,096 (05/16/2023 to 05/31/2023)
Hour Type Hour Class Description Hours Amount
112
ABSENT
NO PAY NON HIRED
40.00
0.00
120
SICK
SICK LEAVE - L & 1
31.00
1,257.83
121
SICK
SICK LEAVE
663.25
29,001.36
122
VACATION
VACATION
1,145.00
59,118.84
123
HOLIDAY
HOLIDAY HOURS
166.00
8,807.85
124
HOLIDAY
FLOATER HOLIDAY
64.00
2,353.86
125
COMP HOURS
COMPENSATORY TIME
244.50
11,442.15
128
HOLIDAY
Holiday Bank WWTP
93.00
3,669.82
129
SICK
Police Sick Leave L & 1
120.00
5,917.50
141
BEREAVEMENT
BEREAVEMENT
26.00
1,082.66
150
REGULAR HOURS
Kelly Day Used
109.00
4,845.13
155
COMP HOURS
COMPTIME AUTO PAY
102.05
5,696.93
160
VACATION
MANAGEMENT LEAVE
80.00
5,948.50
170
REGULAR HOURS
COUNCIL BASE PAY
700.00
9,916.62
174
REGULAR HOURS
COUNCIL PRESIDENTS PAY
0.00
300.00
175
REGULAR HOURS
COUNCIL PAY FOR NO MEDICAL
0.00
4,866.36
190
REGULAR HOURS
REGULAR HOURS
18,938.05
870,228.61
191
REGULAR HOURS
FIRE PENSION PAYMENTS
4.00
7,431.19
194
SICK
Emergency Sick Leave
36.00
1,812.38
195
REGULAR HOURS
ADMINISTRATIVE LEAVE
96.00
4,324.50
210
OVERTIME HOURS
OVERTIME -STRAIGHT
96.00
5,739.08
215
OVERTIME HOURS
WATER WATCH STANDBY
42.00
2,704.49
216
MISCELLANEOUS
STANDBY TREATMENT PLANT
13.00
1,588.38
220
OVERTIME HOURS
OVERTIME 1.5
309.50
24,842.50
225
OVERTIME HOURS
OVERTIME -DOUBLE
13.75
1,425.28
410
MISCELLANEOUS
WORKING OUT OF CLASS
0.00
407.73
411
SHIFT DIFFERENTIAL
SHIFT DIFFERENTIAL
0.00
2,040.26
600
RETROACTIVE PAY
RETROACTIVE PAY
0.00
4,703.93
602
COMP HOURS
ACCRUED COMP 1.0
74.01
0.00
604
COMP HOURS
ACCRUED COMP TIME 1.5
160.50
0.00
606
COMP HOURS
ACCRUED COMP 2.0
3.00
0.00
acc
MISCELLANEOUS
ACCREDITATION PAY
0.00
207.03
acs
MISCELLANEOUS
ACCRED/POLICE SUPPORT
0.00
238.28
colre
MISCELLANEOUS
Collision Reconstruction ist
0.00
100.79
cpl
MISCELLANEOUS
TRAINING CORPORAL
0.00
201.58
06/01/2023 Packet Pg. 91
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,096 (05/16/2023 to 05/31/2023) },
Hour Type Hour Class Description Hours Amount
crt
MISCELLANEOUS
CERTIFICATION III PAY
0.00
113.61
deftat
MISCELLANEOUS
DEFENSE TATICS INSTRUCTOR
0.00
92.15
det
MISCELLANEOUS
DETECTIVE PAY
0.00
138.08
det4
MISCELLANEOUS
Detective 4%
0.00
771.32
ed1
EDUCATION PAY
EDUCATION PAY 2%
0.00
837.60
ed2
EDUCATION PAY
EDUCATION PAY 4%
0.00
420.60
ed3
EDUCATION PAY
EDUCATION PAY 6%
0.00
10,072.00
firear
MISCELLANEOUS
FIREARMS INSTRUCTOR
0.00
348.87
fmla
ABSENT
FAMILY MEDICAL/NON PAID
9.00
0.00
fmis
SICK
FAMILY MEDICAL/SICK
41.00
1,713.67
fmlv
VACATION
Family Medical Leave Vacation
23.00
961.32
hol
HOLIDAY
HOLIDAY
1,325.86
61,753.92
k9
MISCELLANEOUS
K-9 PAY
0.00
138.08
less
MISCELLANEOUS
LESS LETHAL INSTRUCTOR
0.00
98.73
Iq1
LONGEVITY
LONGEVITY PAY 2%
0.00
871.73
Ig11
LONGEVITY
LONGEVITY PAY 2.5%
0.00
1,477.09
Ig12
LONGEVITY
Lonqevitv 9%
0.00
1,836.83
Ig13
LONGEVITY
Lonqevitv 7%
0.00
1,349.83
Ig14
LONGEVITY
Lonqevitv 5%
0.00
547.56
Iq2
LONGEVITY PAY
LONGEVITY PAY 4%
0.00
346.28
Iq4
LONGEVITY
Lonqevitv 1%
0.00
1,066.90
Iq5
LONGEVITY
Lonqevitv 3%
0.00
2,522.49
Iq7
LONGEVITY
Lonqevitv 1.5%
0.00
562.08
Iq8
LONGEVITY
Lonqevitv 8%
0.00
337.04
mtc
MISCELLANEOUS
MOTORCYCLE PAY
0.00
138.08
ooc
MISCELLANEOUS
OUT OF CLASS
0.00
1,261.00
pfmh
HOLIDAY
Paid Family Medical Holiday
11.00
560.26
pfmk
KELLY DAY
Paid Familv Medical Kellv Day
8.25
420.19
pfmp
ABSENT
Paid Familv Medical Unpaid/Sup
98.75
0.00
pfms
SICK
Paid FAMILY MEDICAL/SICK
32.00
1,841.00
phv
MISCELLANEOUS
PHYSICAL FITNESS PAY
0.00
2,179.59
sdp
MISCELLANEOUS
SPECIAL DUTY PAY
0.00
388.30
sqt
MISCELLANEOUS
ADMINISTRATIVE SERGEANT
0.00
219.02
st
REGULAR HOURS
Serqeant Pay
0.00
164.27
str
MISCELLANEOUS
STREET CRIMES
0.00
219.02
06/01/2023 Packet Pg. 92
Hour Type Hour Class
traf MISCELLANEOUS
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,096 (05/16/2023 to 05/31/2023)
Description
TRAFFIC
Hours
0.00
24, 918.47
Total Net Pay:
Amount
388.68
$1,178,378.61
$817,555.47
8.6.c
06/01/2023 Packet Pg. 93
9.1
City Council Agenda Item
Meeting Date: 06/6/2023
Citizen -initiated Code Amendment to Allow Daycare Businesses as a Primary Permitted Use in the
Neighborhood Business (BN) Zone (AMD2023-0001)
Staff Lead: Rose Haas
Department: Planning Division
Prepared By: Rose Haas
Background/History
Title 16 of the Edmonds Community Development Code (ECDC) regulates uses and development
standards in the City's different zoning districts, with Chapter 16.45 covering the Neighborhood Business
(BN) zone. Per ECDC 16.45.010(C), day-care centers in the BN zone are identified as a primary use
requiring a Conditional Use Permit (CUP), which is a Type III-B land use application that requires a public
hearing before the Hearing Examiner.
The city received an application for a citizen -initiated code amendment (AMD2023-0001) which
proposes to:
1) designate day-care centers as a Permitted Primary Use in the BN zone under ECDC 16.45.010(A),
which would eliminate the need for the CUP; and
2) Add outdoor play areas associated with day-care centers as an exception in ECDC 16.45.030 to
allow the use outside of a completely enclosed building.
The land use application form, applicant's project narrative, and a redline/strike out version of the
proposed code amendment are included as Attachments 1-3.
Staff introduced the code amendment to the Planning Board on April 12, 2023. Based on the materials
submitted and additional analysis provided by staff, board members were generally supportive of the
proposal and directed staff to schedule the proposal for a public hearing on May 10, 2023.
At the May 10 public hearing, staff provided a brief presentation, and the Planning Board took oral
testimony from one member of the public, who indicated their support for the proposal. One additional
member of the public provided written comments indicating their support.
Following the staff presentation, public testimony, and a brief discussion period, the Planning Board
unanimously (7-0) approved a motion to recommend City Council approval of AMD2023-0001 as shown
in stril(,�g"/underline text in Attachment 3. A formal recommendation letter from the Planning
Board Chair is included in this packet as Attachment 4.
Packet Pg. 94
9.1
As a Type V legislative code amendment, the proposal is now subject to a City Council public hearing to
consider the Planning Board's recommendation and potential adoption by ordinance.
Staff introduced the code amendment to the City Council on May 16, 2023, and council members
expressed their preliminary support. Minutes to the May 16th meeting are shown in Attachment S.
A SEPA threshold determination of non -significance (DNS) was issued and distributed on May 30, 2023
(Attachment 6).
Staff Recommendation
Following a short staff presentation, City Council will take public testimony on the proposed code
language shown in Attachment 3. City Council is scheduled to take action on the proposal on June 20,
2023.
Narrative
The applicant would like to establish a new day-care center at 24200 76t" Ave. W to the north of their
existing day-care center, which is a permitted primary use in the adjacent Community Business (BC)
zone. While the proposed code amendment would benefit the applicant directly, the changes would
apply to all BN-zoned properties in Edmonds, which the applicant has listed (page 4) and illustrated
(pages 5-11) in Attachment 2.
Applicable Codes
According to Section ECDC 21.20.010 of the Edmonds Community Development Code (ECDC), "day-care
center" means "[a] building or portion thereof used for the care of children under the age of 12 located
in a facility which accommodates 13 or more children regardless of whether such services are provided
for compensation."
Per ECDC 16.45.010.C, day-care centers are currently a primary use requiring a conditional use permit in
the Neighborhood Business (BN) zone.
Per ECDC 16.45.030.A, uses in the BN zone must occur within completely enclosed buildings consistent
with ECDC 16.45.030.A unless they are specifically identified as excepted, which currently includes uses
like off-street parking and loading areas, drive-in businesses, parks and public utilities.
Day-care use in the BN Zone
The BN zone is located in neighborhood commercial centers such as Perrinville, Five Corners, and
Holmes Corners (212t" and 76t"). Day-care centers were a prohibited use in the BN zone until they were
added as a primary use requiring a CUP via Ordinance 3353 in 2001.
According to ECDC 16.45.000,
The BN zone has the following specific purposes in addition to the general purposes for
business and commercial zones listed in Chapter 16.40 ECDC:
A. To reserve areas, for those retail stores, offices, retail service establishments which
offer goods and services needed on an everyday basis by residents of a neighborhood
area;
B. To ensure compact, convenient development patterns by allowing uses that are
operated chiefly within buildings.
Packet Pg. 95
9.1
Per ECDC 16.40, the general purposes of the business and commercial zones are:
A. To provide for areas for commercial uses offering various goods and services
according to the different geographical areas and various categories of customers they
serve;
B. To provide for areas where commercial uses may concentrate for the convenience of
the public and in mutually beneficial relationships to each other,
C. To provide for residential uses, community facilities and institutions which may
appropriately locate in commercial areas,
D. To require adequate landscaping and off-street parking and loading facilities;
E. To protect commercial uses from hazards such as fire, explosion and noxious fumes,
and also nuisances created by industrial uses such as noise, odor, dust, dirt, smoke,
vibration, heat, glare and heavy truck traffic.
ratine Restriction in the BN Zone
The outdoor operating restrictions have applied since 1980. The following outdoor uses are currently
allowed per ECDC 16.45.030.A:
1. Public utilities and parks;
2. Off-street parking and loading areas and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
Current Permitting Process
To establish a day-care center in the BN zone, an applicant needs the following permits from the
City (additional permitting is required from the State of Washington consistent with RCW
43.216):
1. Land use permit - Type III-B conditional use permit reviewed and approved by the
Hearing Examiner consistent with ECDC 20.05
2. Building and engineering permits - reviewed, conditioned, approved, and inspections by
staff
3. Business license - reviewed, conditioned and approved by staff
Analysis of Applicant's Proposal
The Planning Board concluded that the proposal is consistent with the Comprehensive Plan and the
intent of the BN zone (Attachment 4). Day-care centers provide a vital service to residents of a
neighborhood area on a daily basis, which is consistent with ECDC 16.45.00O.A. This is evidenced by the
applicant's research which shows that there are six existing day-care centers either within or
immediately adjacent to properties within the BN zone.
The proposal is supported by the Comprehensive Plan's Commercial Development Goals and Policies,
including Policy Al (Reserve sites for well suited commercial uses) and Policy C2 (Permit uses in
neighborhood commercial areas that are intended to serve the local neighborhood). If allowed as a
primary permitted use, any proposed day-care center would still have to meet all other existing zoning
standards for the BN zone as well as the titles identified in Chapter 20.80.020 for topics such as parking,
Packet Pg. 96
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landscaping, traffic, sewer/water/stormwater, critical areas, etc. Compliance with those codes would be
verified through subsequent building and engineering permits.
Making day-care centers a primary permitted use would eliminate the extra step of obtaining a
conditional use permit where an applicant must submit a land use application, pay the application fee
($3,329.00), and navigate the Hearing Examiner public hearing process which takes approximately four
months, and result in more clear and objective use and development standards.
Regarding property performance standards like noise, it should be noted that the sound from
unamplified human voices (such as children playing outside) is exempt from the standards in the noise
chapter (ECC 5.30) from 7AM to 10PM. Operating hours are verified, and can be restricted, during
business license review.
Attachments:
Attachment 1 - Land Use Application AMD2023-0001
Attachment 2 - Applicant Narrative AMD2023-0001
Attachment 3 - Draft BN Code Strikeout AMD2023-0001
Attachment 4 - Planning Board Recommendation
Attachment 5 - Minutes from May 16th 2023 City Council Meeting
Attachment 6 - SEPA Checklist and DNS
May 16 Meeting Packet
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Land Use Application #1268119 - Great Kids Academy modification of BN Zone
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18105 Sunset Way
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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
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Date Submitted: 2/13/2023 Submitted By: Tony Shapiro 2
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Project Name: Great Kids Academy modification of BN Zone r
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Jurisdiction: Edmonds
Project Name: Great Kids Academy modification of BN Zone E
Application ID: 1268119
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
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I do so certify.
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SHAPIRO
ARCHITECTS PS
January 24, 2023
Subject: Application to Modify Neighborhood Business, BN Zoning criteria
For Great Kids Academy currently located at: 24310 76'" Avenue W, Edmonds, WA 98026
Site: Property address: 24200 76th Ave W, Edmonds, WA 98026
Tax Parcel No: 00491100001008 Snohomish County
Contents:
Application to Modify Neighborhood Business, BN Zoning Criteria
Pages 1-3 Verbal reasoning for modification to zoning code
Appendix Al-A8 Zoning Maps of BN zones outlining existing Day Care Centers in BN zones
Explanation of Application:
This application is seeking to permit Daycare Centers to be located within BN zoned properties outright without
requiring a Conditional Use Permit, (in part based on the historical Edmonds land use trends within the existing BN
zoned properties). Additionally, we hope to reclassify Outdoor Recreation Space to be permitted outright within the
BN zone's Operating Restrictions, (ECDC 16.45.030). As stated below, we believe these modifications are
consistent with the Comprehensive Plan, while upholding public health, safety, and welfare, as well as being in the
best interest of the City of Edmonds by helping to streamline the land use review process and thus limiting some of
the uncertainties inherent in construction and/or renovated of daycare facilities within the BN zones.
Comp plan and zoning classifications:
Comp Plan Neighborhood Commercial
Zoning: BN Neighborhood Business
16.40 Business and Commercial Zones: Modify Neighborhood Business, BN zoning criteria to reclassify Day Care
Centers as a "Permitted Primary Use" instead of the current listing as a "Primary Uses Requiring a Conditional Use
Permit' as currently stated in 16.45.010 Uses, C Primary Uses Requiring a Conditional Use Permit.
The existing nine zoned areas are scattered throughout Edmonds which are located immediately adjacent to single
family neighborhoods, many of which are comprised of young families seeking to utilize day care centers while many
already have existing schools in their proximity.
1. Existing BN Zones: Two of the existing nine BN zoned areas currently have daycare centers within their
zone, and four other zones have daycare centers adjacent to or across the street from these zones, for a
total of six of the nine, for a total of 67% of the BN zones. Please see the attached zoning maps of these
areas.
Comprehensive Plan: All nine of the BN zones are well suited to benefit from the placement of daycare
centers, which meet the Commercial Land Use Goals & Policies outlined in the initial three paragraphs
starting on page 69 of the Comprehensive Plan.
AD SHAPIRO ARCHITECTS
PO Box 0054 Edmonds, Washington 98020-0054
tonys@adshapiro.com MOBILE 425.280.5765 OFFICE 425.778.5400 adshapiro.com
Packet Pg. 101
Daycare Centers are a natural use for the smaller and more intimate commercial zones that comprise all BN
neighborhoods. Existing Edmonds land uses show a broad acceptance and even the expectation for daycare
facilities to be located within or adjacent to BN zones. The requirement for Daycare's to follow the existing
Conditional Use approval process burdens applicants, while we contend there are no significant community issues to
resolve. The removal of this step will save both time and effort for City Planning Staff, Hearing Examiner, and
applicants.
Additionally, we are seeking to have outdoor recreation space, (playgrounds), permitted within this zone, which
currently is restricted by BN zoning criteria. This criterion requires outside activities be contained solely within the
building, thus disabling the ability to comply with Washington State daycare requirements for exterior playgrounds.
Please note toddler play areas do not create the noise levels and potential neighborhood annoyance which the
typical elementary school playground may generate.
16.45.030 Operating Restrictions: Modify the existing operating restriction to permit daycare playgrounds to be
placed outside of an enclosed building, vs. existing criteria which states: "All uses shall be carried on entirely within a
completely enclosed building". WAC 110-300-0145 Daycare requirements stipulates in Outdoor early learning
program space, that an outdoor play area must be available, (see attached copy of this section). This disables the
ability to place daycare centers in NB zones unless there is an approved off site, (and outside of the BN zone),
outdoor play space with an approved safe route to access this play space from the Center.
Comp Plan Assessment:
Community Sustainability Element
The proposed code revision will enhance and support the sustainable objective of neighborhood commercial centers
by providing local and walkable access from their homes to Daycare business services which mirror existing daycare
facilities located throughout Edmonds. This reduces car usage, (and potential air pollution), while enhancing
opportunities for families to interact with one another while walking between their homes and the daycare, which is
more of a feature with elementary schools than middle or high schools which tend to be located further away from
families.
Compliance with the Comprehensive Plan:
We believe this proposed revision will fully comply with the comprehensive plan based upon the following Comp Plan
criteria. The below listed goals are specifically suited to this site, and land use/building type
Commercial Development Goal A:
Al Reserve sites for well suited commercial uses: the existing nine BN zoned centers have six Day Care
Centers utilizing properties within or immediately adjacent their respective BN zones; please refer to the
attached maps.
A3 Discourage Strip Commercial areas: Development should be consistent and compatible with the
surrounding neighborhoods as well as being economically feasible. Daycare centers provide a necessary
and desirable service to their respective neighborhoods as evidenced by the many existing daycare centers
situated within other BN zones; of the nine existing BN zones, there are six daycare centers situated within
or adjacent to these zones.
A4 Provide for convenient and safe access for customers employees and suppliers; enabling BN zoned
properties to house daycare centers will permit more residents to access these facilities without having to
drive to a centralized shopping area. We believe this close proximity is especially desirable for customers as
they commute to .
2
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9.1.b
A5 Locate commercial developments to minimize adverse impacts of heavy traffic. as noted, earlier daycare in
close proximity to existing housing will relieve the need for car traffic traversing additional streets.
Commercial Development Goal B:
B2 Encourage mixed -use development to include a variety of uses: the need for daycare centers adjacent
to existing housing enhances family life by reducing drive time and encouraging walking while connecting
neighborhoods.
B8 Private investments contribute to increased infrastructure capacity: again, enabling and encouraging
daycare centers to be adjacent to and part of residential neighborhoods will encourage and enhance
interaction amongst families while reducing automobile traffic.
Commercial Development Goal C:
C2 Permit uses in neighborhood commercial areas that are intended to serve the local neighborhood:
daycare centers inherently are geared to families who tend to prefer Daycare Centers in close proximity to
their home.
C3 Provide for transit and pedestrian access: All BIN zone properties are on transit routes enabling
customers to utilized bus service for taking and picking up their children. The east boundary of the subject
parcel is bounded by 76th Ave West, which has a bus line traveling north and south. A east west line is one
block to the south of the site on SR 104.
Packet Pg. 103
9.1.b
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SHAPIRO
ARCHITECTS PS
Summary of BN Zoned Properties
Location/N&Ighborho od Area of zone Suro"i-19 Zones Zones with daycares in or adjacent
(SF) to BN zone
BC, RS-12, PRD-1990-2, R-1997-28,
1
Perrirnrllle 272,OW Olympic View Montessori
RS-8, R1985-3,
2
Ol m is View Dr and Puget Drive
119 O }
RS-12 Edmonds E lementary
Bloom Ea!rly Education
Grow with Us, adjacent to the
3
* Fibre Corners
293,000
RM-2.4, RSA, PRD,
southern boundry of BN zone
RS-MP BP R --81 Crow with Us, (across Ed_ Nay)
Gen_ Comm, RIB-2.4, Sprouts Preschool & Childcare,
4
* Edmonds Way, 15th St SW I 226th SW)72
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* EdI oodwway High Schaal, 212th & 76tn
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oodwway HS (across st. and north of zone)
BC, RS-8 Great Kids Academy, adjacent to
6
, 76th Ave W (242"d St SW)
96,OW
the southern boundry of BN zone
RSA BC-EW RFC-1.6 NA
RIB-1.6 BC-EW BC RS-8 NA
RS43 NA
7
Edmonds Way 232"d St SW
36 00(}
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Edmonds Way 236th St SW
12 000
9
100th Ave W & Firdale Ave. f238th St SDI
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* Daycares wvh1ch are adjacent to or across the street from BN zones
AD SHAPIRO ARCHITECTS
PO Box 0054 Edmonds, Washington 98020-0054
tonys@adshapiro.com MOBILE 425.280.5765 OFFICE 425.778.5400 adshapiro.com
Al
Packet Pg. 104
Existing Comp Plan of area:
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Single Family -Resource
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Single Family - Resource
Neighborhood Commercial
Highway 99 Corridor
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9.1. b
Great Kids Academy
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Chapter 16.40
BUSINESS AND COMMERCIAL ZONES - PURPOSES
Sections:
16.40.000 Purposes.
16.40.000 Purposes.O SHARE
The general purposes of the business and commercial (B or C) zones are:
A. To provide for areas for commercial uses offering various goods and services according to the
different geographical areas and various categories of customers they serve;
B. To provide for areas where commercial uses may concentrate for the convenience of the public
and in mutually beneficial relationships to each other;
C. To provide for residential uses, community facilities and institutions which may appropriately
locate in commercial areas;
D. To require adequate landscaping and off-street parking and loading facilities;
E. To protect commercial uses from hazards such as fire, explosion and noxious fumes, and also
nuisances created by industrial uses such as noise, odor, dust, dirt, smoke, vibration, heat, glare and
heavy truck traffic.
Chapter 16.45
BN - NEIGHBORHOOD BUSINESS
Sections:
16.45.000 Purposes.
16.45.010 Uses.
16.45.020 Site development standards.
16.45.030 Oaeratina restrictions.
16.45.000 Purposes.4- SHARE
The BN zone has the following specific purposes in addition to the general purposes for business
and commercial zones listed in Chapter 16.40 ECDC:
A. To reserve areas, for those retail stores, offices, retail service establishments which offer goods
and services needed on an everyday basis by residents of a neighborhood area;
B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly
within buildings.
16.45.010 Uses.O SHARE
Packet Pg. 112
9.1.c
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial
garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those
uses requiring a conditional use permit as listed below;
3. Offices and outpatient clinics, excluding commercial kennels;
4. Dry cleaning stores and laundromats;
5. Small animal hospitals;
6. Churches, subject to the requirements of ECDC 17.100.020-1
7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R);
8. Day-care centers;
9.9-. Local public facilities designated and sited in the capital improvement plan, subject to the
requirements of ECDC 17.100.050;
10. -9-. Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of
6,000 square feet;
4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction
with any local public facility allowed by this section. Any additionally designated parking
spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall
subject the entire commuter parking lot to a conditional use permit as specified in subsection
(D)(2) of this section, including commuter parking lots that are located upon more than one lot
as specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Drive-in businesses;
3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.;
Packet Pg. 113
9.1.c
4. Convenience stores;
5. Local public facilities not planned, designated, or sited in the capital improvement plan,
subject to the requirements of ECDC 17.100.050-1
7. Hospitals, convalescent homes, rest homes, sanitariums;
8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the
criteria for regional public facilities as defined in ECDC 21.85.033-1
9. Counseling centers and residential treatment facilities for current alcoholics and drug
abusers;
10. Regional parks and community parks without a master plan subject to the requirements of
ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional use;
2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a
facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord.
3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 §
1, 1988; Ord. 2283 § 4, 19821.
*Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor
display of merchandise, see Chapter 17.65 ECDC.
1 16.45.020 Site development standards. SHARE
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Minimum Minimum Minimum
Minimum Minimum Street Side Rear Maximum Maximum Floor Area
Lot Area Lot Width Setback Setback Setback Height
BN None None 20' None' None' 25' 3 sq. ft. per sq. ft. of lot
area
Fifteen feet from lot lines adjacent to R-zoned property.
B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC.
Packet Pg. 114
9.1.c
C. Screening. The required setback from R-zoned property shall be permanently landscaped with
trees and ground cover and permanently maintained by the owner of the BIN lot. A six-foot minimum
height fence, wall or solid hedge shall be provided at some point in the setback.
D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by
the architectural design board. [Ord. 3846 § 1, 2011; Ord. 2526 § 5, 1985].
1 16.45.030 Operating restrictions.O SHARE
A. All uses shall be carried on entirely within a completely enclosed building except:
1. Public utilities and parks;
2. Off-street parking and loading areas and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Outdoor recreation spaces associated with day-care centers;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3320
§ 2, 2000].
Packet Pg. 115
9.1.d
CITY OF EDMONDS • 121 5" AVENUE NORTH • EDMONDS, WA 98020
PHONE: 425.771.0220 • FAX: 425.771.0221 • WEB: www.edmondswa.g
CITY OF EDMONDS PLANNING BOARD
May 31, 2023
To: Edmonds City Council
From: Edmonds Planning Board Chair Judi Gladstone
Subject: Planning Board Recommendation on Day -Care Centers in the BN Zone (AMD2023-0001)
On May 10, 2023, the Planning Board held a public hearing to make a recommendation to the City Council
on a citizen -initiated code amendment to Chapter 16.45 (BN — Neighborhood Business Zone) of the
Edmonds Community Development Code (ECDC). The proposal would designate day-care centers as an
outright permitted use in the BN zone — removing the current requirement for a Conditional Use Permit
(CUP) — and add associated outdoor play areas as an exception to the requirement that most uses in the
BN zone occur within a fully enclosed building. Staff had previously introduced the proposal at the board's
April 12, 2023 meeting and addressed board members' comments related to noise, traffic and safety.
At the May 10 public hearing, staff provided an overview of the proposal, noting that it was consistent
with the Comprehensive Plan and the intent of the BN zone and that staff was recommending approval.
The public was then offered an opportunity to provide oral testimony, with one person providing
testimony in support of the proposal. Planning Board members also received one email in support of the
proposal on May 8.
Following discussion and deliberation on May 10, the Planning Board unanimously approved a motion
(7-0) recommending that City Council approve AMD2023-0001 to amend Chapter 16.45 ECDC, as shown
in Attachment 3 of your June 6 meeting packet.
I appreciate your consideration of our recommendation and am available to answer any questions.
Judi Gladstone
Chair, Edmonds Planning Board
Packet Pg. 116
9.1.e
EDMONDS CITY COUNCIL MEETING
APPROVED MINUTES
May 16, 2023
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Oscar Antillon, Public Works Director
Rob English, City Engineer
David Levitan, Planning Manager
Bertrand Hauss, Transportation Engineer
Mike Clugston, Senior Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Nelson in the Council
Chambers, 250 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Olson read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
4. PRESENTATIONS
1. PUBLIC WORKS WEEK PROCLAMATION
Mayor Nelson read a proclamation designating the week of May 21-27, 2023 as Public Works Weeks in
Edmonds.
2. NATIONAL POLICE WEEK PROCLAMATION
Mayor Nelson read a proclamation formally designating May 14-20, 2023 as Police Week in the City of
Edmonds, and publicly saluting the service of law enforcement officers in our community and in
communities across the nation.
Edmonds City Council Approved Minutes
May 16, 2023 Q
Page 1
Packet Pg. 117
9.1.e
5. APPROVAL OF AGENDA
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
APPROVE THE AGENDA IN CONTENT AND ORDER.
Councilmember Chen referred to Item 7.3, ERP Update, which is included for information only, however,
the update makes a decision. He asked if pulling that would make a difference. City Attorney Jeff
Taraday advised that item could be removed from the agenda but there is no council action requested. It is
on the agenda under Received for Filing which council does not vote on. Councilmember Chen agreed to
leave it in on the agenda under Received for Filing.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
REMOVE ITEM 10.2, RESOLUTION EXPRESSING SUPPORT OF PROHIBITING PUBLIC USE
OF CONTROLLED SUBSTANCES, BECAUSE THE ACTION TAKEN BY THE STATE
LEGISLATURE THIS AFTERNOON MAKES THE RESOLUTION OBSOLETE.
Councilmember Buckshnis agreed it was obsolete but it was a good resolution and she complimented the
authors of the resolution for preparing it so quickly.
UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT TIBBOTT AND
COUNCILMEMBERS CHEN, OLSON, PAINE AND NAND VOTING YES; COUNCILMEMBERS
TEITZEL AND BUCKSHNIS VOTING NO.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described the procedures for audience comments.
Marlin Phelps, Marysville, relayed his conversation with a Port of Edmonds employee in 2014 who
gestured to a 32' yacht, stating it had been seen multiple times leaving the marina under the cover of
darkness and returning. While working on a vessel recently, a man his age who grew up in Edmonds said
he hates Edmonds; Robert Barker set him up and he went to prison for possession of a stolen firearm that
he did not own. Robert Barker was the person on the phone when Mr. Feldman yelled into the phone, he's
here right now. Robert Barker has had an illustrious career and is a right wing extremist, a sadistic
psychopath, is the man who set him up and is connected to the murder of Tom Wales. All he needs is the
power of a good judge.
7. RECEIVED FOR FILING
1. CLAIM FOR DAMAGES FOR FILING
2. MARCH 2O23 MONTHLY FINANCIAL REPORT
3. ERP UPDATE
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE CONSENT AGENDA.
Councilmember Buckshnis requested Item 6.6, Ordinance to Change to Biennial Budget, be removed
from the consent agenda.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
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1. APPROVAL OF SPECIAL MEETING MINUTES OF MAY 9, 2023
2. APPROVAL OF COUNCIL COMMITTEE MINUTES
3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS
4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT
5. PFD BOARD CANDIDATE APPROVAL
7. APPROVAL OF SUPPLEMENTAL AGREEMENT FOR THE BLUELINE GROUP
(BLUELINE) TO PROVIDE CAPITAL PROJECTS CONSTRUCTION MANAGEMENT,
ENGINEERING & INSPECTION SERVICES FOR 2023
8. 5-FT DEDICATION FOR 192ND ST SW RIGHT-OF-WAY ADJACENT TO 9009 192ND
ST SW
9. SNO-ISLE LIBRARY RESTORATION PROJECT - PROOF OF LOSS
DOCUMENTATION
10. AUTHORIZE MAYOR NELSON TO SIGN CONNECTING HOUSING TO
INFRASTRUCTURE PROGRAM (CHIP) GRANT AGREEMENT WITH HOUSING
HOPE
ITEMS REMOVED FROM CONSENT
6. ORDINANCE TO CHANGE TO BIENNIAL BUDGET
Councilmember Buckshnis commented this had not gone through the proper channels and it appeared to
be tied to the ERP Update which was on the agenda under Received for Filing. This is a really important
topic that all councilmembers should discuss with the administration. Administrative Services Director
Dave Turley is not at tonight's meeting and she did not think the council should discuss it without him.
Having a biennial budget ordinance on the consent agenda without any council vetting is not a pragmatic
way to approve such an important financial change.
Councilmember Olson pointed out the council had a very extensive discussion about the biennial budget
at the budget retreat which was a public meeting and attended by all councilmembers. A biennial budget
was discussed at length with council, staff and the facilitator who is a budgeting expert.
Councilmember Nand asked whether Mr. Turley required the council pass this ordinance tonight so he
can proceed with the ERP and configure the software with a biennial budget. Mayor Nelson answered that
was the intent.
Councilmember Paine advised this was also discussed by the PSPHSP committee on May 9.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
APPROVE THE ORDINANCE TO CHANGE TO A BIENNIAL BUDGET.
Councilmember Buckshnis reiterated there was not a hefty vetting discussion during the retreat. The
ordinance to change to a biennial budget goes with the ERP; the ERP has not yet come to council and
they should be discussed in tandem. She was not under the impression it will take six years to change the
ERP if the City does not change to a biennial budget. There are many reasons it is inappropriate to vote
on the ordinance now without discussing the ERP.
Council President Tibbott said in addition to an extensive discussion with an expert in municipal finance
and nearly an hour of Q&A at the budget retreat, the ordinance was also reviewed by the PPW
Committee. The motion is to approve an ordinance to move forward with a biennial budget process. He
read from the agenda memo, "if we pass a biennial budget ordinance this year, we will have a full year
before we begin preparing the first biennial budget. This gives us ample time to adopt policies that will
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define what a biennial budget will look like for Edmonds." The ordinance authorizes staff to move
forward with establishing a biennial budget process and obtaining the appropriate software. Policies and
procedures will be clarified in coming year."
Councilmember Nand spoke in favor of approving the ordinance, To address concerns about vetting the
ordinance, she commented she had an opportunity to discuss it with Director Turley who indicated the
consensus at the retreat was to go to a biennial budget, not a hybrid, and the internal controls and
mechanisms to provide transparency and accountability to taxpayers as more authority is directed to
Director Turley would be worked into either an amendment or a subsequent ordinance and reflected in the
software. She felt comfortable with Director Turley's response and with voting in favor of this ordinance
so Director Turley can purchase the ERP software and set it up in a timely manner.
Councilmember Chen expressed support for the biennial budget ordinance. The council had extensive
discussion about the pros and cons during council budget retreat including different scenarios such as
hybrid budgeting. The consensus was a biennial budget was appropriate for a city Edmonds' size. Among
the many advantages, a biennial budget avoids having a new councilmember seated following the
election. He recalled during the 2021 election, he got caught in that process and although he had closely
followed the budget and was ready to vote, it created administrative inconvenience and cost the council
and staff additional time. One of the key benefits is to avoid that. He was supportive of the ordinance,
advising it was the right time.
UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS TEITZEL, CHEN,
OLSON, PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES;
COUNCILMEMBER BUCKSHNIS VOTING NO.
9. COUNCIL BUSINESS
1. PUBLIC HEARING ON PERMANENT ORDINANCE FOR DESIGN REVIEW
PROCESSES AND BUILDING STEP BACKS IN THE CG ZONE TO REPLACE
INTERIM ORDINANCE 4283 (AMD2022-0008)
Senior Planner Mike Clugston reviewed:
• Planning board recommendation and other options considered:
o Packet pages 217 and 250
o Recommended Option 4 (transition consistent with Subarea Plan, certainty for builders,
complies with HB 1293)
o Buildings 55' or less do not require step back
o Buildings > 55' require 10-foot step back at 25' and 30-foot step back at 55' when adjacent to
or across the street from RS zone
o Unanimous vote at April 26 meeting
• Step backs required for bldgs. 55-75' in height:
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GBLK
3EALM (910 STEP KLO 2EE) SIDE Y
10' STEPBACN @ 25'
fl[1' FTFP9Af.N C� EE'
No step backs for bldgs. < 55'
AUBLIU GG ZONE 55' BUILDING ALIT
REALM (NO STEPBAGKS REQUIRED) SIDE 1
Design Review Process Options
o Packet pages 243-244
1. Projects > 75' in high rise nodes
a. Type III -A (ADB Review)
b. HB 1293 limits: max of one meeting; two-phase process to be phased out
2. Projects > 35' adjacent to or across the street from RS zone
a. Type II -A (staff decision with public notice and public comments)
3. Projects < 35' adjacent/across street OR projects < 75' not adjacent
a. Type I (staff decision with no public notice or public comments)
Councilmember Buckshnis asked if the ADB review was quasi-judicial. Mr. Clugston answered yes.
Councilmember Buckshnis recalled discussing having that delegated to the council since ADB members
are citizen volunteers and that was a lot of responsibility for a volunteer group.
Councilmember Paine raised a point of order, stating Councilmember Buckshnis' comments were off
topic. Councilmember Buckshnis commented it was related to the ADB's review. Councilmember Paine
pointed out changing who holds the quasi-judicial hearing is not the topic of this public hearing. Mayor
Nelson ruled point not taken.
Councilmember Buckshnis suggested discussing that later during the code update, commenting this
reminded her of the tree code and the planning board all over again.
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Councilmember Teitzel did not recall that HB 1293 included any specific height thresholds above or
below 75'. As he understood staffs presentation, buildings higher than 75' will require ADB review, but
that suggests subjectivity and HB 1293 requires the review be clear and objective. He asked how that
squared with HB 1293. Planning Manager David Levitan said he considered specific height limits clear
and objective; it would be clear to a developer if their project was over 75' in height that it would be
subject to this process. The bill does not preclude the use of a design review process; other house bills
were considered that would have eliminated the opportunity for quasi-judicial public meetings, basically
anything other than administrative design review.
Mayor Nelson opened the public hearing.
Glenn Douglas, Edmonds, a resident of the Gateway community, applauded the planning board. He
watched their meeting online and felt they took everything into consideration and did good job on the
proposal and their selection. He lives kitty-corner from the proposed 261 unit project, which means when
the sun come up in the south, he literally will be in the building's shadow until about 9-10 a.m. Although
he preferred the building not be built, at least the step backs were something. To any councilmember on
the fence about this building, he suggested going to the Sky Nursery parking lot and looking west at the
humongous, behemoth building with no step backs. He suggested taking a picture or visualizing that 7-
story building on the vacant lot at 236t' & 84t''. That building does not fit with the neighborhood, but he
feared it was too late. There is inadequate infrastructure for that building; as the self-proclaimed
ambassador for 84' Street W, he was thankful for the stop signs and radar sign. The street is not safe
although he anticipated safety would improve with sidewalks. There is a lot of crime in the area and he
could not envision adding another 500-600 people in that small space would be beneficial to the
neighborhood.
Theresa Hollis, Edmonds, advised that project, Terrace Place, did not complete the design review
process, they timed out. To understand the issues around the proposed changes to the development code,
she read the planning board and city council meeting minutes about the Highway 99 area in 2016 and
2017. She read the Highway 99 Planned Action Report and the Environmental Impact Statement and its
recommended mitigation to increase building heights. She interviewed a long-time past president of the
planning board; read the ADB's handbook which guides their design review process; read the code or
design guidelines for Redmond, Bellevue, Kirkland, Seattle Lake City, Lynnwood, Bothell and Shoreline;
and sent relative documents from those jurisdictions to the ADB and planning board during their review
of the interim ordinance. The pattern in those hundreds of pages of documentation are, 1) we are not
getting the type of redevelopment projects that were expected. The market research done in 2017 did not
predict today's reality, 2) council's decision in 2017 did not require building step backs for projects
across the street from a single family zone was a one-off decision made only by Edmonds and none of the
neighboring jurisdictions, 3) several cities in the region allow tall buildings to be across the street from a
less intensive residential or neighborhood business zone. The transition zone is gone for a lot of those
neighborhoods too, and building design criteria takes its place to achieve a transition, and 4) step backs to
mitigate the bulk and mass of a building is a straight -down, middle-of-the-road technique in the field of
architectural design. It is not an aggressive approach and is one of the best mitigations when there is no
transition zoning. She recommended the council approve the new code language for step backs drafted by
the planning board and then prepare for the next body of work that is significantly larger and more
complex, change budget priorities to fund more sidewalks and a park so there is a pedestrian -oriented
neighborhood envisioned in the planned action, finetune zoning during the 2024 comprehensive plan
update to produce development that creates jobs, develop regulations out of the supplemental EIS that
will address displacement, and get better incentives for affordable housing.
With no further public comment, Mayor Nelson closed the public hearing.
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Council President Tibbott expressed his appreciation for the input at the public hearing, noting the council
also received several emailed comments. The council will not be taking action tonight. Mr. Clugston
advised an ordinance will be provided next week for council review and potential approval.
Council President Tibbott commented one of the remaining questions is the distance from the project for
public notice; it is currently 300'. In an intensive commercial zone like this, he felt it would be
appropriate to notify a much larger radius such as 500-1000 feet from a project. Mr. Levitan responded if
the radius notification distance is increased beyond 300', staff will need to consider whether that should
be done for other Type 11 and III projects. Staff could create maps with 300', 500', or 1000' radius around
any project in a CG zone. He was not aware of any cities that notice beyond 500', 300'-400' is typical for
Type II and III processes. Council President Tibbott requested maps for 400' and 500 feet. The difference
in this area is it is a densely populated area so it affects more people than a typical single family
notification and therefore it would make sense to expand the notification. Mr. Levitan invited input from
other councilmembers regarding the notification radius.
Councilmember Teitzel complimented the planning & development department for the great work done
on this project and for providing a very complete packet. He also complimented the ADB and the
planning board for the work they did on this complicated project, noting it was further complicated by the
work done by the legislature which required flexibility and nimble thinking.
Councilmember Nand also thanked the planning & development department for the excellent work they
do supporting the ADB and planning board, and the community members who shared their perspectives.
She also thanked the various stakeholders who provided rich, contextual comments to the ADB and
planning board during this process. She admired everyone who is able to engage in the political process at
the local level to find solutions for existing and future community members. Unfortunately this process is
under attack by the state legislature and a posture that it is a waste of time and needs to be eliminated.
Councilmember Buckshnis agreed with Councilmember Nand's comments. She expressed appreciation
for Ms. Hollis, Ms. Seitz, and Mr. Douglas' comments. She asked if this item would be on the consent
agenda. Mr. Levitan answered staff could include options for a notification radius in the ordinance for
council review. Councilmember Buckshnis agreed with Council President Tibbott's suggestion for 400'-
500' notice due to the bulk of the buildings, lack of robust multifamily design standards and the SEIS has
not yet been completed. Mr. Levitan advised staff will consult with the city attorney regarding potential
changes that would be required outside the interim ordinance. Changing the notification radius would
require cross-referencing distances in Chapter 20 regarding notice of application.
Council agreed to have staff research a 400-500' notification radius.
2. PUBLIC HEARING ON THE 2024-2029 SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM
City Engineer Rob English provided introduction, advising there was a good discussion and Q&A at last
week's PPW Committee.
Transportation Engineer Bertrand Hauss reviewed:
• Introduction
o Revised Code of Washington (RCW) requires that each city update their TIP by July 1 st.
o Document contains all significant transportation projects that a City possibly plans to
undertake in the next six years.
o City of Edmonds policy: TIP financially constrained first three years.
o Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP
projects.
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Construction Projects in 2023:
• Annual Overlay Program (Project # 1)
o Project Description
■ Approximately 2 lane miles of variable depth overlay along local/collector streets
o Schedule
■ Construction - Summer 2023
o Funding
■ Local funds $1,000,000
■ Utility Funds $450,000
■ Annual Funding Goal $2,800,000 per year
• SR-99 Revitalization & Gateway Project - Stage 2 (Project #8)
o Project Description
■ Installation of landscaped raised median along entire corridor from 244th St. SW to 210th
St. SW with 130 trees
■ HAWK signal - 600' north of 234th St. SW
■ Gateway signs on both ends of corridor
o Schedule
■ Design 2020-2022
■ Construction 2022-2024
o Construction Funding
■ Connecting Washington $8,219,000
■ Local funds $270,000
Citywide Bicycle Improvements project (Project #41)
o Project Description
■ Project to be combined with Elm Way Walkway
■ Install sharrows along 80th Ave. W from 228th St. SW to 220th St. SW
■ Install bike lanes along key corridors
- 100th Ave. W / 9th Ave. S from 238th St. SW to Walnut St.
- Bowdoin Way from 9th Ave. S to 84th Ave. W
- 228th St. SW from 78th Ave. to 80th Ave. W
o Schedule
■ Design 2020-2022
■ Construction 2023-2024
o Construction Funding
■ Local Funds $520,000
■ Sound Transit Access grant $1.25 Million
Elm Way Walkway from 8th Ave. S to 9th Ave. S (Project #23)
o Project Description
■ Identified as Short Walkway #6 in 2015 Transportation Plan
■ Complete missing sidewalk links (- 700' new sidewalk on south side of street)
■ ADA curb ramp upgrades with stormwater upgrades
■ Project to be combined with Citywide Bicycle Improvements project
o Schedule
■ Design 2021-2022
■ Construction 2023-2024
o Construction Funding
■ Local funds $550,000
■ Stormwater funds (Fund 422) $350,000
2023 Traffic Calming Program (Project #42)
o Project Description
■ Installation of traffic calming devices along certain stretches (based on evaluation results)
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o Schedule
■ Construction Fall 2023
o Funding
■ Local funds $33,000
Construction Projects in 2024/2025:
• Main St. Overlay from 6th Ave. to 9th Ave (Project #2)
o Project Description
■ Overlay with ADA curb ramps upgrades
■ Pedestrian Improvements at Main at 8th Ave. crossing
o Schedule
■ Design 2023
■ Construction 2024
o Construction Funding
■ Local funds $187,000
■ Secured Federal Grant $750,000
• 84th Ave. W Walkway from 238th St. SW to 234th St. SW (Project #29)
o Project Description
■ Install sidewalk on east side of the stretch
o Schedule
■ Design 2023
■ Construction 2024
o Funding
■ Federal ARPA Funds (secured) $160,000
■ Grant Funds (unsecured) $750,000
■ Local Funds $250,000
Green Streets: 236th St SW from 84th Ave. W to Hwy 99 (Project #33)
o Project Description
■ Roadway narrowing to reduce traffic speeds and to reduce impervious surface (vehicular
capacity retained)
■ Sidewalks and planting strips added
■ Bioretention cells collect runoff from the road through curb cuts
o Schedule
■ Design 2024
■ Construction 2025
o Construction Funding
■ Federal ARPA Funds (secured) $1,385,000
■ Grant Funds (unsecured) $2,413,000
Other Projects in 2024-2029 TIP
• Corridor Improvements
0 228th St. SW from Highway 99 to 95th Pl. W (Project #13)
2027-2029
o SR-99 Revitalization from 244th to 238th Stage 3 (Project #9)
2022-2028
o SR-99 Revitalization from 220th to 224th Stage 4 (Project #10)
2022-2029
o SR-99 Revitalization from 216th to 212th Stage 5 (Project #11)
2027-2029
o SR-104 Adaptive System from 236th to 226th (Project #16)
2022-2027
• Signal Upgrades
o Puget Dr. @ OVD (Project #5) 2027-2028
0 238th St. SW @ 100th Ave. W (Project #6) 2027-2028
o Main St. @ 3rd Ave. (Project # 7) 2028-2029
Intersection Improvements
0 76th Ave. W @ 220th St. SW (Project #12) 2021-2027
0 196th St. SW @ 88th Ave. W (Project #14) 2027-2029
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o Main St. @ 9th Ave. (Project #15)
2027-2029
o SR-104 @ 95th Pl. W (Project #19)
2027-2029
o SR-104 @ 238th St. SW (Project #20)
2027-2029
Active Transportation Projects
0 4th Ave. Corridor Enhancement Walkway (Project #34)
o SR-104 @ 76th Ave. W Non -Motorized Transp. Impr. (Project #36)
o SR-104 @ 100th St. Bike Improvements (Project #42)
o SR-104 / Pine St. Sidewalk (Project #40)
o Walkway projects within proximity to schools / parks
■ Maplewood Dr. Walkway (Project #22)
■ 80th Ave. Walkway from 212nd St. SW to 206th St. SW (Prof. #24)
■ 80th Ave. W Walkway from 188th St. to Olympic View Dr. (Prof. #25)
■ 95th Pl. W Walkway from 224th to 220th (Project # 26)
Other Projects/Planning Documents
o Waterfront Emergency Response Study
o ADA Transition Plan
o Pavement Rating Study
o Safety Plan Update
o Transportation Plan Update
2027-2029
2027-2028
2027-2029
2027-2029
2027-2029
2027-2029
2027-2029
2027-2029
Summary of Secured Transportation Grants (between 2019 and 2023)
Project Name Grant Program Phase A .... t5uc d award DOS
o Total Secured Transportation Grants/Appropriations over Last 5 Years: $47,000,000
ct Funding
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Councilmember Olson recalled during the budget process, the council did not commit to spending ARPA
funds for Green Streets; the council agreed to leave it in the unfunded years of the CIP/CFP for the
possibility of grant funding. Planning & Development Director Susan McLaughlin referred to the Green
Streets on 236'h, recalling there was discussion by council during the budget process and concern with the
expenditure of ARPA funds. The discussion was related to postponing any spending in 2023, keeping it in
ARPA which is the reason there is a line item in 2024-2025 for the remaining funding allocated through
ARPA. Council was not interested in pursuing Green Streets on Dayton, but were still interested in 236'h
Councilmember Olson recalled the council was loosely interested, the price really got the council's
attention. She was aware there may be other grant funding, but she did not commit to spending ARPA
funds during that process. Ms. McLaughlin said the minutes from the council's discussion could be
obtained to confirm the council's direction. The cost of Green Streets cannot be compared to a sidewalk;
it includes significant utility infrastructure, particularly on 236'h, such as whole block reconstruction, but
that is scalable such as one side of the street. The cost estimate is based on a 10% design concept with all
the bells and whistles included such as complete reconstruction, repaving, undergrounded utilities,
bioretention, lighting, etc., a full investment. Given the lack of public space in that area, Green Streets
often act like a parklike space. She was confident the cost could be reduced.
Councilmember Olson commented the TIP does not include speed abatement for Olympic View Drive,
76'h or 84'h. She recognized if no funding was available, they may not be in the first two years of the TIP,
but sensed there was a lot of interest in the community for speed abatement on those streets. In the context
of the budget discussion and/or an amendment to the TIP, she wanted to add those speed abatement
projects even if it is in the years of the TIP where there is no funding. With regard to the infrastructure
bill, she recognized widening 100'h at SR-104 would not be something the City could do on its own, but
widening would be an opportunity for bike lanes and wider sidewalks in Westgate where the City only
plans to install bike lane on one side which she felt that was the right decision for the space available, but
if that intersection could be widened and bike lanes provided on both side, it would be a great
improvement to the City's transportation system.
Mr. Hauss responded SR-104 widening is Project #42 in the out years because no funding has been
secured. Regarding speed abatement, he asked if Councilmember Olson wanted that included in the traffic
calming program. He recalled a request for traffic calming had been submitted for 76'h and it was being
evaluated this year. Requests are accepted early in the year and are evaluated and ranked according to
established criteria. Staff is also considering changing the criteria and the threshold; currently if speeds
meet the 85'h percentile, a speed study is done; if the 85" percentile is 8 mph under the speed limit it does
not qualify. Consideration is being given to reducing that to 7 or 6 mph; the consultant will consider that
as part of the transportation plan.
Councilmember Olson suggested more needs to be budgeted for traffic calming; she was unsure whether
the administration wanted to address that before the budget is presented to council or if councilmembers
needed to submit decision packages. She anticipated there were more requests than the City has funding
for each year. She was hopeful that could be considered during budget process. Mayor Nelson suggested
councilmembers focus their discussion on the agenda item.
Councilmember Buckshnis agreed with pulling the minutes regarding Green Streets, recalling the council
pulled that project due to the cost. She asked whether the school zone speed cameras were in the TIP. Mr.
Hauss advised that was related to enforcement and the police department was the lead so it was not on the
TIP. Councilmember Buckshnis referred to a letter that council received signed by several citizens
regarding speeding on 76'h Avenue W from 171s' Street SW to SW Meadowdale Beach Road. She asked
how that could be considered for inclusion on the TIP. She offered to provide the letter to staff. Mr. Hauss
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advised the deadline for submitting traffic calming requests is in early in the year. There are currently 15
requests, that could be expanded to 30 if he extends the deadline. It takes a lot of time to coordinate speed
studies, etc. He offered to respond to the letter and copy the council. Councilmember Buckshnis noted the
letter references a 2023 request form. She advised at last night's town hall, someone mentioned a HAWK
signal or other crossing on 244t' at Firdale Village.
Council President Tibbott raised a point of order, stating this is a public hearing and was not the time to
amend the TIP. This is an opportunity for input from the public and clarification/questions regarding
projects on the TIP or how the TIP is created. Tonight's agenda also includes the Transpo Group contract
related to the transportation plan update; many of these questions will be addressed during that process.
He suggested the council focus on the public hearing. Mayor Nelson ruled point taken.
Councilmember Buckshnis agreed with Councilmember Olson's suggestion to increasing funding for
traffic calming.
Councilmember Nand said she lives a couple yards from Highway 99; the raised median in the SR-99
revitalization project is unique to Edmonds, compared to Lynwood and Shoreline. She described vehicles
scraping the median when driving in the lane next to the median and asked about placing turtles along the
median to warn drivers when they are too close. Mr. English answered that project is not complete; there
will be a shoulder stripe and a 2' shy distance between the lane line and the raised concrete barrier. He
agreed the raised median is different than Shoreline, but it is similar to SR-525 in Mukilteo where there is
a similar 18" barrier curb. One of the reasons for selecting that higher curb was pedestrians illegally
crossing Highway 99; the higher pedestrian curb discourages jaywalking.
Councilmember Nand asked if a consultant would be preparing the Waterfront Emergency Response
Study or was it being done inhouse. Mr. English answered that is a 2024 project; no work is being done
this year. That was added to 2024 by the council during deliberations on the 2023 budget. He anticipated
there would be more discussion on the scope of work during the decision package process in the 2024
budget. Councilmember Nand commented the previous iteration, the waterfront connector, was a
lightning rod and she wanted to distinguish this study from that.
Councilmember Chen expressed appreciation for Mr. English and Mr. Hauss' hard work preparing the
TIP. He noted Project #29, walkway from 238t' to 234t'', is timely as that area develops and it will help
ease public safety in that area. He referred to Project #38, downtown lighting improvements, recalling
$50,000-$60,000 was budgeted in 2023 for a citywide lighting study. He asked about the results of that
study and what areas would be prioritized. Mr. English explained a vacant project manager position so
that study can begin moving forward. A scoping session was held with the consultant recently; he
anticipated the findings of that evaluation will be presented to council in the fall.
Councilmember Chen commented there are other parts of the City like the southeast portion and north end
on 76t' in Perrinville that need lighting. Mr. English answered the evaluation will include the location of
existing lights and gaps as well as identifying areas with the highest need for streetlights to fill those gaps.
The study has been not started yet. The downtown lighting improvement project had the potential for
funding by Sound Transit, but that funding was eliminated due to Sound Transit's funding issues.
Councilmember Teitzel expressed appreciation for staff s answers at the PPW Committee meeting. He
referred to Project #29, 84t'' Ave walkway from 238t' to 234t'', a 4 block stretch of sidewalk on one side of
the street. The 2024 cost is approximately $1 million. Mr. English answered that is a ballpark estimate, a
detailed design has not been done. Councilmember Teitzel assumed a 2-block stretch would be about half
that amount or $500,000. He referred to Project #33, walkway on 236t' from 84t' to Highway 99, also
about 2 blocks, that includes installation of a sidewalk on the north side of 2361'' from 84t' to Hwy 99, yet
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the total cost is $3 million, roughly 6 times the cost of Project #29 for a 2-block project. He found the cost
difference shocking and wondered if investing that kind of money was warranted to construct a sidewalk
on one side of the street or would it be better to construct traditional sidewalks at a much lower cost and
construct sidewalks elsewhere in the City where there are no sidewalks. He asked staff to justify the cost
difference for that project.
Mr. English answered it was comparing apples to oranges; the Green Streets project has a much larger
scope of work as it provides stormwater treatment and infiltration as well as additional scope items such
as utility undergrounding, road narrowing, etc., a more robust scope of work than just adding a sidewalk
such as on 84' Ave. Councilmember Teitzel said the narrative in the TIP states installation of sidewalk on
the north side of 236't' from 84't' to Highway 99. If that's the case, he asked whether the cost reflects a
traditional sidewalk as the narrative states, or should the narrative be modified. Mr. English agreed the
narrative can be modified.
Mayor Nelson reminded this is the public hearing, not approving TIP.
Councilmember Paine said she was excited to see the ADA transition plan in the TIP, although she would
like to see funding a year earlier. She was also interested in revising the traffic calming program.
Mayor Nelson opened the public hearing.
Glenn Douglas, Edmonds, a resident of the Gateway neighborhood, said as far as he knows, his
neighbors have no interest in a Green Street project. He questioned Ms. McLaughlin's comment that it
will be a community gathering place in the middle of 23611i. Ms. McLaughlin clarified it will be a parklike
space. Mr. Douglas said he did not see that, it is a dangerous street, nearly as bad as 84t1i and he disagreed
with spending $6 million on that project instead of putting sidewalks on both sides of 84'. He agreed with
constructing sidewalks on both sides of 236'h to Highway 99 particularly since the bus stop is on the west
side and sidewalks are planned on the east side. He applauded Councilmembers Buckshnis and Olson for
recommending the budget for traffic calming be increased, noting $33,000 is not nearly enough. He
acknowledged traffic was bad everywhere; people seem to want to get where they are going faster and
more things like speed cameras, radar speed signs, traffic cushions etc. are needed.
With no further public comment, Mayor Nelson closed the public hearing.
Mr. English advised it is the council's decision whether the TIP comes back to council next week for
continued discussion or on the consent agenda.
Council President Tibbott did not think the TIP would be ready to come back to council next week. He
will research last year's discussion about using ARPA funds for Green Streets. He suggested increasing
funding for traffic calming be discussed as part of the 2024 budget. He noted the TIP is a 6-year plan, but
in a short time Transpo Group will be undertaking a planning process for the same time period. He did not
understand why the council would approve the TIP before that planning process is complete as it may
include some different projects such as walkways. Mr. English explained the council needs to adopt the
TIP by July 1. The Transportation Plan update will take approximately 14-15 months and will generate a
new project list, but that will not be complete by July 1. Staff will return next year with hopefully a new
project list as a result of the transportation plan update and update the TIP. Council President Tibbott
referred to an email from Public Works Director Antillon regarding the planning process for updating the
TIP. He expected to bring the TIP back to council in early June.
Councilmember Paine suggested bringing the TIP back for discussion by full council. Tonight was a
public hearing, and she has other questions.
Edmonds City Council Approved Minutes
May 16, 2023 Q
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Packet Pg. 129
9.1.e
10. COUNCIL BUSINESS
1. RESOLUTION RELATED TO PRIMARY CLARIFIER EMERGENCY CORROSION
DAMAGE REPAIR
Public Works Director Oscar Antillon commented staff has been working on this for the last 1-2 years.
Once the clarifier was taken offline and inspected, it was apparent action needed to be taken immediately.
It is basically falling apart and there is not enough time to go through a competitive bid process. The
summer is the only time the work can be done because in the winter all the space in the plant is needed for
treatment. This was discussed with Mayor Nelson and City Attorney Jeff Taraday and it was determined
this was one of the few cases where an emergency declaration was necessary.
Councilmember Teitzel asked how long the rake arm had been in service before it failed and what was the
expected lifespan for a new rake arm. Mr. Antillon answered he believed this was the original rake arm so
it had been in place 30+ years since the plant was last upgraded. The lifespan is typical, but a few more
years could be possible with more maintenance such as every 10 years, which has not been done.
Councilmember Olson thanked Mr. Antillon for answering the questions she provided via email. She
recognized he also has a contracting background and asked if he was comfortable with the fair market
value. Mr. Antillon answered yes, explaining said staff reached out to several contractors and in a way
met the competitive requirement, but did not go through the official procurement process that includes
advertising, etc.
Councilmember Chen relayed his understanding this was not part of new gasification system. Mr.
Antillon answered no, this has been in the CIP for 1-2 years, but it is not part of the gasification process,
just repairs on the WWTP. Councilmember Chen was glad nothing was broken on the new system.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
ACCEPT THE RESOLUTION RELATED TO THE PRIMARY CLARIFIER EMERGENCY
CORROSION DAMAGE REPAIR AND TO REPLACE THE RAKE ARM. MOTION CARRIED
UNANIMOUSLY
2. RESOLUTION EXPRESSING SUPPORT OF PROHIBITING PUBLIC USE OF
CONTROLLED SUBSTANCES
This item was removed from the agenda via action taken during Agenda Item 5.
3. CITIZEN -INITIATED CODE AMENDMENT TO ALLOW DAY-CARE BUSINESSES AS
A PRIMARY PERMITTED USE IN THE NEIGHBORHOOD BUSINESS (BN) ZONE
(AMD2023-0001)
Planner Rose Haas reviewed:
Applicant's proposal
o Great Kids Academy and their representative, AD Shapiro Architects, are proposing to
amend ECDC Chapter 16.45 to:
1. Change day-care centers from a primary use requiring a CUP to a primary (outright)
permitted use in the BN zone; and
2. Exempt the outdoor recreation spaces associates with day-care centers from the operating
restrictions in the BN zone, which require most uses to be located within fully enclosed
buildings.
o Changes would apply to all areas within BN zoning
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Packet Pg. 130
9.1.e
o Day-care centers currently require a Type III-B CUP which must be reviewed and approved
by the hearing examiner. As a primary permitted use, they would not have to obtain a CUP
which cost approximately $3300 and go through the hearing examiner process which can take
up to 4 months if not longer.
Component 1: change day-care center from conditional to outright permitted use (ECDC
16.45.010)
A. Permftled Primary Uses.
1. Single-family dwellings, as regulated in RSA zone:
2. Nerghborfiood•onented retail stores, retail service uses, excludinq uses such as commercial
garages, used Gar lots, taverns, theaters, auditoriums, undertaking establishments and those
uses (equiring a conditional use permit as listed below,
3. Offlces and outpatient clinics, excluding commercial kennels.
4. Dry cleaning stores and laundromats.
S. Small animal hospitals:
S. Churches, subject to the requirements of ECDC 17 100.020:
7. Primary and high schools subject to the requirements of ECDC 17.100 050{G] through [R),
B. Day-care cenlers�
9,9, local public facilities designaled and sited in the capital improvement plan, subject to the
requirements of ECDC 17.100.050:
j9_6: Nelghbwhood parks, natural open spaces. and community parks with an adapted
master plan subject to the requirements of ECDC 17 100 010.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Drive-in businesses:
3. Businesses open to the public between the hours of 11:00 p.m- and 6,00 a.m.,
4. Convenience stores:
5. Local public facitilies not planned, designated. or sited in the capital improvement plan_
subject to the requirements of ECDC t 7 100 =:
0. Dig Owe reRisfs=
7. Hospitals, convatespent homes, rest homes, sanitariums;
B. Museums, art galleries, zoos_ and aqua nums of primarily local concern that do not meet the
criteria for regional public facilities as defined in ECDC 21 85 033,
g. Counseling centers and residenliaa treatment facilities for current alcoholics and drug
abusers:
10. Regional parks and eommunity parks without a master plan subject to the requirements of
ECDC 17 100 070.
• Component 2: Add outdoor play areas to list of uses permitted outside fully enclosed areas
(ECDC 16.45.030)
A. All uses shall be carried on entirely within a completely enclased building except:
1. Public utilities and parks.
2. Off-street parking and loading areas and commercial parking lots,
3. Drive-in businesses;
4. Plant nurseries;
5. Ouldoor recreation spaces associated with day-care centers:
D—i} Limited outdoor display of merchandise meeting the criteria of Chapter 17 65 ECDC.
o Also required by RCW 43.126
o As a primary permitted use, day -cares would still go through the building, engineering and
planning review process which includes conditions, approval and final inspection process
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Packet Pg. 131
9.1.e
which would include parking, landscaping, traffic, water and critical areas. They would also
be required to obtain a business license and any state requirements/licensing.
Proposal's consistency with comprehensive plan
o Commercial Development Goal A: Commercial development in Edmonds shall be located to
take advantage of its unique locational opportunities while being consistent and compatible
with the character of its surrounding neighborhood
o Commercial Development Goal C: Neighborhood Commercial areas are intended to provide
a mix of services, shopping, gathering places, office space and housing for local
neighborhoods.
■ C.2: Permit used in neighborhood commercial areas that are intended to serve the local
neighborhood.
■ C.6: Encourage neighborhood commercial areas to reflect the identify and character of
individual neighborhoods, thus are strengthening their importance as neighborhood
centers
o Planning board and planning staff believe the proposal is consistent with the comprehensive
plan
Staff analysis and planning board recommendation
o At their May 10 meeting, the planning board held a public hearing and recommended the city
council approve the code amendment as shown in Attachment 3, based on the following
findings:
■ Day-care centers provide a vital service to neighborhood area residents on a daily basis,
consistent with ECDC 16.45.000(A)
■ The comprehensive plan's commercial development goals and policies support the
proposal
■ The code amendment would eliminate an onerous CUP process and instead rely on clear
and objective development standards
■ Hearing Examiner precedent indicates day-care centers within BN zone are generally
consistent with comprehensive plan as well as local, state and federal codes and permit
requirements, and have not required additional conditions of approval
■ There are six existing day -cares within or immediately adjacent to BN zones
Process and next steps
o Code amendments are a Type V legislative process, requiring a planning board public hearing
and recommendation to city council
o The planning board held a public hearing on May 10t1i and unanimously recommended city
council amend ECDC Chapter 16.45
■ The city received one written comment in support of the proposal, and one person
testified during the May 10 public hearing in support of the proposal
o Staff requested expedited review by the Department of Commerce on May 10
o City council is scheduled to hold a public hearing on June 6
o City council is tentatively scheduled to take action on the ordinance on June 20
Councilmember Buckshnis said she has never seen a citizen initiated code amendment. Mr. Levitan said a
citizen initiated the amendment and paid for it. Staff makes a recommendation to the planning board and
the planning board's recommendation is forwarded to council. Councilmember Buckshnis relayed her
understanding there is a difference between permits for an in -home child care and school child care. Mr.
Levitan answered this is specific to commercial day-care centers in commercial zones that have 13 or
more children. In -home day -cares, which can have up to 12 children, would not be subject to this process
and can occur in residential zones via the home occupation/business license process. Councilmember
Buckshnis answered this is a great idea, her only concern was traffic although there is a day-care on
Olympic View Drive that seems to deals with the traffic.
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Packet Pg. 132
9.1.e
Council President Tibbott said he liked idea of this in a neighborhood, but wondered about specifications
for an outdoor play area and hoped when it came to council there would be a description of the criteria for
an outdoor play area in a BN zone. He was particularly interested in noise, safety and supervision. Ms.
Haas answered the requirements for outdoor play areas are outlined in RCW 43.126. With regard to noise,
human voices are exempt between 7 a.m. and 10 p.m. so noise should not be an issue. Day -cares go
through a stringent state process related to safety and supervision.
Councilmember Teitzel said he did not see a down side to the proposal and the only comments in the
packet were in favor. He asked if there were any negative comments made at the planning board or
whether staff had heard of any concerns. Ms. Haas answered there were no negative comments.
Councilmember Paine said this was appropriate for neighborhood districts. Her only concern was traffic
calming. She relayed a comment from the public regarding challenges crossing to/from a childcare center
on Firdale Avenue. She commented it would be awesome to co -locate RRFB and crosswalks.
Councilmember Nand said she was familiar with the neighborhood as she grew up in the house across the
street from the proposed site from age 12. She asked if the permitting process required setting aside easily
accessible parking spaces for drop off/pickup. Mr. Levitan said the parking standards in the ECDC would
apply. If a day-care got big enough to require a traffic impact analysis by creating a certain number of PM
peak hour trips, the parking analysis could potentially be included with the traffic analysis. That typically
would not be tripped for smaller projects. If there are concern about that, particularly with expanding that
type of use and eliminating the need for a CUP, conditions could be established by revising the parking
code as part of the larger code modernization process. Councilmember Nand suggested establishing
guidelines for easier ingress/egress to reduce conflicts in the parking lot.
Councilmember Chen thanked the citizen who initiated this and staff for their cooperation to develop a
great packet.
4. PRESENTATION OF PROFESSIONAL SERVICES AGREEMENT WITH THE
TRANSPO GROUP FOR THE TRANSPORTATION PLAN UPDATE
City Engineer Rob English explained during the presentation and overview of the scope of work at the
March 14 PPW Committee meeting the committee requested a presentation on multimodal level of
service (MMLOS), a new program proposed to be implemented with this contract. Transpo provided a
presentation to the full council and answered questions on May 2. This is the agreement to complete the
transportation plan update. The agreement includes seven tasks; the biggest change is implementation of
the MMLOS, a new program that will require staff training and a new administrative process to manage
concurrency. The transportation plan update supports the City's 2024 comprehensive plan update and will
include public meetings with input on the transportation plan and comprehensive plan. The update will
take approximately 14-15 months. The update of the transportation plan will include development of a
new project list that will be incorporated into next year's TIP.
Mr. English advised Transpo's proposed fee is $386,085 which includes a 5% management reserve of
approximately $18,000. It will be funded by the 012 Street fund in both 2023 and 2024. The cost is higher
than the 2015 plan due to the development of the MMLOS and more public outreach and presentations to
the city council and planning board. Staff recommends approval.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
APPROVE THE CONTRACT WITH TRANSPO GROUP.
Councilmember Chen asked if this was a state requirement or just initiated by the City. Mr. English
answered the plan should be updated every 6-8 years and it is needed to support the 2024 comprehensive
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9.1.e
plan process. Councilmember Chen observed the MMLOS is a new concept. Mr. English answered it is
not necessarily a new concept, other cities in the region have adopted MMLOS; it is new for Edmonds.
The 2015 plan identified MMLOS as a goal for the next update. MMLOS addresses not only automobiles,
but pedestrian, transit, and bikes, the complete transportation system.
Councilmember Chen observed there are new state requirements like Complete Streets which triggered
the redesign of Highway 99 to include bike lanes. The City is already doing the work to adapt to state
requirements and he asked if it was necessary to spend $390,000 on a consultant or was that something
the City was already doing. Mr. English answered it was necessary; the City's current impact fee is auto
centric, based only on projects related to LOS at intersections. Depending on the metrics the city council
adopts, the impact fees from a MMLOS will help fund sidewalks, bike lanes and intersection
improvements related to automobiles. That is not something staff has the expertise to perform inhouse.
Information related to densities and growth projections will be used to determine trip generation, a new
transportation model synced with projected future development.
Councilmember Olson was excited with the potential for using impact fees for all transportation modes
and expressed support for the contract. She relayed a point raised by a resident, the hope is that
congestion created by narrower streets will cause people to ride a bike or use public transit, when in fact
drivers use side streets which is what's happened on 84' due to Highway 99 construction. She reiterated
the importance of not getting ahead of the declining demand for automobiles before automobiles are not
in demand and end up causing problems on side streets. Mr. English agreed it will be a balance that the
council will have an opportunity to consider.
Councilmember Teitzel referred to Project #12 in the TIP, 76' & 220' Street intersection, redesign the
intersection to reduce intersection delay and improve LOS. He noted that is LOS as currently defined, not
MMLOS. With the update, Transpo will be looking at design elements for future TIPs, but due to timing,
the City is on the threshold of spending nearly $1 million in 2024 on that intersection, designed around
LOS. He asked how to square design under the old standard versus what is coming. Mr. English answered
that was the number #1 transportation project in the 2015 transportation plan and addresses LOS as well
as provides bike lane connection through the intersection, widened sidewalks, and curb ramps. Some
Complete Streets principles apply to intersection in addition to addressing LOS. He did not see stopping
that project because there is too much momentum; the City received grants for design and right-of-way
and the project is positioned well to apply for construction funding.
MOTION CARRIED UNANIMOUSLY.
11. MAYOR'S COMMENTS
Mayor Nelson commented on the fabulous warm weather which unfortunately comes with a desire to
spend time in very cold water. He provided a public safety announcement about a unique phenomenon
that happens this time of year, cold water shock. He did not know the specifics of two individuals who got
in trouble in the water this week, unfortunately an 18-year old drown in Lake Sammamish and a 14-year
old spent 5 minutes underwater at Green Lake before being rescued. Cold water shock happens when
someone jumps into cold water and because the water is so cold, a gasp reflex occurs and if the person is
underwater, they inhale water making it much more likely they will drown. The second leading cause of
death for children between the ages of 15-19 is downing. He encouraged everyone to keep an eye on their
children and to remind teens who are tempted to jump in the water of the danger as waters are still very
cold.
12. COUNCIL COMMENTS
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May 16, 2023 Q
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Packet Pg. 134
9.1.e
Councilmember Chen commented on May 7, the community said goodbye and paid tribute to former
housing commissioner and beloved community member Bob Throndsen. His poem is a perfect reflection
on the May 10 event in Salt Lake City, the Golden Spike Festival, that he participated in. In honor of the
Asian American Pacific Islander (AAPI) Heritage Month (May), he attended the meaningful Golden
Spike Festival and traced the Chinese railroad builders' first steps back to 1869. On May 10 the Golden
Spike connected the transcontinental railroad in Salt Lake City. In the pursuit of happiness and a better
life more than 200 years ago, the first wave of Chinese immigrants left their homes and came to America
to build a future for themselves and the USA. Among the many contributions that the Asian Americans
made for this great nation, the transcontinental railroad was a milestone. Most of the workers who laid the
track were Chinese immigrants, yet for the next 100 years, following the Chinese Exclusion Action of
1882, Chinese Immigrants in the U.S. bore pain, fear, anxiety, uncertainty, darkness, sadness, tribulation,
and countless trials.
Councilmember Chen read a poem credited to Bob Throndsen: Luckily those immigrants are strong. They
are so strong that out of pain grows healing. Out of fears grows hope. Out of anger grows love. Out of
anxiety grows calm. Out of uncertainty grows promise and out of night grows light. Out of sadness grows
joy. Out of tribulation grows resilience. Out of such trial grows humanity. As one people of the greatest
nation in the world, ,we will continue to grow. May we grow more closer this truth that we all hold to be
self-evident. That all people are treated equal, are created equal, not just made.
Councilmember Teitzel reported on the town hall that he, Councilmembers Olson and Buckshnis co -
hosted at the Edmonds Lutheran Church. A group of citizens attended and has a robust and lively
discussion on a wide range of topics. He expressed appreciation for his co -hosts and the citizens who
attended and dialogued, commenting it is great to have a two-way dialogue instead of three minutes of
one-way comment at council meetings.
Councilmember Paine expressed appreciation for the proclamations, commenting the public works team
gets compliments throughout the year, especially during the snow, about how hard they work. She
anticipated the 4-wheel drive snow removal vehicle will result in more compliments especially from
residents who live on hills. Regard the National Police Week proclamation, she was in Washington DC
for Puget Sound Days on the Hill last week and on her way home, saw the Everett Police honor guard for
the family of Officer Rocha. It is a small airport and it was very moving to see everyone stop and stand
while the families came through. Puget Sound Days on the Hill were very fun and busy. She had an
opportunity to meet with the federal delegation and when she happened to see Senator Cantwell, she
recognized her from Edmonds and specifically called out the Edmonds Marsh as a project Puget Sound
needs that could be funded via the inflation reduction act and the bipartisan infrastructure law. Those are
exciting, promising aspects the City should consider as she would hate to miss out on the largess from the
federal government. She encouraged councilmembers to go to Puget Sound Days on the Hill if they had
the chance.
Council President Tibbott reported on the tree code public meeting held last night at city hall that was
attended by about 15 people and expressed his appreciation for the citizen input. It was his impression the
City has entered into an important conversation/engagement process but a lot more is needed. He
encouraged citizen to participate in the online survey and future events on the topic.
Councilmember Buckshnis commented on the fun she had at last night's town hall, her 11 '. She offered
to assist councilmembers with holding a town hall and relayed her plans to hold a budget town hall. She
commented on the importance of the council looking at the quarterly financials again, relaying the council
president and finance chair have indicated they will have those on council's agenda as the public likes to
see them. She concurred with Councilmember Chen on the ERP update; it is an important system that the
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9.1.e
assistant finance director spent a lot of time on, including updating the finance committee last year. She
wanted to ensure the ERP was vetted properly.
Councilmember Buckshnis reported on Spring Fest held this weekend. She looked forward to debriefing
with Council President Tibbott on the tree code, noting it may be appropriate to hold a town hall on the
tree code.
Councilmember Olson reported this weekend was a great reminder of how much we love living here, it
was truly perfection and she appreciated Edmonds this weekend. She wished all the mothers a happy
mother's day, noting it was a big job and she appreciated the job that moms do.
Councilmember Nand commented while the hot weather was lovely for those who have access to air
conditioning or cooler space to get out of the heat, it can be very challenging for vulnerable populations
particularly seniors and unhoused citizens. Snohomish County maintains a webpage regarding extreme
heat and cooling centers and Edmonds Waterfront Center is listed. She emailed the administration and
bcc'd the city council to see if would be feasible and something the City was interested in pursuing, to
place a cooling tent and hydration station somewhere on Highway 99 during times of extreme heat, such
as between 11 a.m. and 5 p.m. on days when the temperature is expected to exceed 85 or 90 degrees. She
hoped that would provide some relief to businesses on Highway 99, especially Safeway on 238', that
have large air conditioned spaces and are inundated and have to deal with a lot of conflicts. Businesses
should not be doing the job that government should be doing, protecting vulnerable populations. She
invited anyone with opinions on where a cooling tent/hydration station should be located during periods
of excessive heat, whether one should be located in Edmonds, etc. to email her and she will pursue it with
the administration and council.
13. ADJOURN
With no further business, the council meeting was adjourned at 9:12 p.m.
SCOTT PASSEY, CITY CLERK
Edmonds City Council Approved Minutes
May 16, 2023 Q
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Packet Pg. 136
9.1.f
OF EDP
U
CITY OF EDMONDS
09,
NOTICE OF SEPA DETERMINATION OF NONSIGNIFICANCE
NOTICE IS HEREBY GIVEN that the City of Edmonds has issued a Determination of
Nonsignificance for the following project.
PROJECT DESCRIPTION: Permanent amendments to Chapter 16.45 ECDC that
would allow day-care centers as an outright permitted
use in the Neighborhood Business (BN) zone, and exempt
associated outdoor recreation spaces from the BN zone
operating restrictions that require most uses to be
located within fully enclosed buildings.
PROJECT PROPONENT: Great Kids Academy, AD Shapiro Architects
DATE DNS ISSUED: May 30, 2023
PROJECT LOCATION: This is a non -project action.
APPEAL PERIOD: You may appeal this determination by filing a written
appeal citing the specific reasons for appeal with the
required appeal fee no later than June 13, 2023 .
SEPA MATERIALS: The SEPA Checklist, DNS, and related project information
are available for review at
https://www.edmondswa.gov/services/public involvem
ent/public notices/development notices under permit
number AMD2023-0001, by emailing the City contact
listed below, or by calling the City of Edmonds at 425-
771-0220.
CITY CONTACT: Rose Haas, Planner
rose. haas(@edmondswa.izov
PUBLISH:
May 30, 2023
Packet Pg. 137
4. L1
,J,o.
CITY OF EDMONDS
121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 r
r
DETERMINATION OF NONSIGNIFICANCE
Description of proposal: Permanent amendments to Chapter 16.45 ECDC that would allow day-care centers as
an outright permitted use in the Neighborhood Business (BN) zone, and exempt associated outdoor recreation
spaces from the BN zone operating restrictions that require most uses to be located within fully enclosed buildings
Proponent: Great Kids Academy, AD Shapiro Architects
Location of proposal, including street address if any: This is a non -project action.
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.
XX 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.
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
Project Planner: Rose Haas, Planner
Responsible Official: David Levitan, Planning Manager
Contact Information: City of Edmonds 1 121 5th Avenue North, Edmonds WA 98020 1 425-771-0220
Date: May 30, 2023 Signature:
XX You may appeal this determination to David Levitan, 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, and notarized affidavit form no later than June 13, 2023
You should be prepared to make specific factual objections. Contact David Levitan to read or
ask about the procedures for SEPA appeals.
XX Posted on May 30, 2023, at City Hall, Edmonds Public Library, and the Edmonds Public Safety
Building. Published in the Everett Herald. Emailed to the Department of Ecology SEPA Center
(SEPAunit@ecy.wa.gov).
XX Distribute to "Checked" Agencies below.
The SEPA Checklist, DNS, and associated documents can be obtained online at
https://www.edmondswa.gov/services/public involvement/public notices/development notices under a
permit number AMD2023-0001, by emailing the project planner (rose.haas@edmondswa.gov), or by c
calling the City of Edmonds at 425-771-0220. E
t
R
.r
r
a
Page 1 of 2
AMD2023-0001 SEPA DETERMINATION
5/23/23.SEPA Packet Pg. 138
OF EDAf
O
#P71
9.1.f
Purpose of Checklist.
CITY OF EDMONDS
ENVIRONMENTAL CHECKLIST
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: Great Kids Academy Daycare,
Proposed modification to BN zoning criteria
24200 76th Avenue West, Edmonds, WA 98026-9104
2. Name of applicant: AD Shapiro Architects, PS, Tony Shapiro, NCARB
3. Address and phone number of applicant and contact person:
PO Box 0054, Edmonds, WA 98020-0054, 425.778.5400 Tonys@adshapiro.com
4. Date checklist prepared:
January 24, 2023
5. Agency requesting checklist: City of Edmonds
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6. Proposed timing or schedule (including phasing, if applicable):_ Should the modification to BN zoning criteria succeed
the owners intent build an new daycare facility to the north of their existing Day Care facility on the BN zoned property.
(STAFF
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this
proposal? If yes, explain.
Yes, the owners of the existing Great Kids Academy, (24310 76th Ave W zoned BC), have purchased the parcel one lot to the north
of their existing facility with the intent of building a new Day Care facility on this site which is zoned BN.
(STAFF COMMENTS)
8. List any environmental information you know about that has been prepared, or will be prepared, directly related
to this proposal.
The are no anticipated environmental issues needing to be resolved for the future construction of a new Day Care facility.
(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 to our knowledge
(STAFF COMMENTS)
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10. List any government approvals or permits that will be needed for your proposal, if known.
Current rezone proposal does not include additional future approvals beyond seeking the revision to the existing zoning. A new
application will be made for the building permit process for the new building.
(STAFF
11. 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 application is seeking to permit Daycare Centers to be located within BN zoned properties outright without requiring a
Conditional Use Permit, (in part based on the historical Edmonds land use trends within the existing BN zoned properties).
Additionally we hope to reclassify Outdoor Recreation Space to be permitted outright within the BN zone's Operating Restrictions,
(ECDC 16.45.030). As stated below, we believe these modifications are consistent with the Comprehensive Plan, while
upholding public health, safety, and welfare, as well as being in the best interest of the City of Edmonds by helping to streamline
the land use review process and thus limiting some of the uncertainties inherent in construction and/or renovated of daycare
facilities within the BN zones.
(STAFF
12. 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.
While this project is specifically submitted for a daycare development located at, 24200 76th Ave. West, (please refer to page 8 of
the appendix), this application is addressing the overall BN zoning code section, which affects 9 different areas sprinkled
throughout Edmonds.
(STAFF COMMENTS)
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TO BE COMPLETED BY APPLICANT
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one)(Flat, olling, hilly, steep slopes, mountainous, other:
Site currently contains a one story building whose prior occupant was a landscape maintenance and installation
company. majority of site is currently paved supporting a parking and delivery area for the existing building.
(STAFF COMMENTS)
b. What is the steepest slope on the site (approximate percent slope)?
1-3 %
(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.
Property is fully developed and paved over we have not done a geotechnical analysis for the new construction at this
point. the site is stable and does not pose any geological slide hazards
(STAFF C
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.
There's no evidence or indication that the stability of the existing surrounding area poses a hazard for slides to occur
(STAFF COMMENTS)
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e. Describe the purpose, type, total area and approximate quantities and total affected area of any filling,
excavation, and grading proposed. Indicate source of fill.
We do dissipate slides to occur nor any significant filling. there may be excavation necessary to install stormwater
retention systems with the new construction.
(STAFF COMMENTS)
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
No
(STAFF COMMENTS)
g. About what percent of the site will be covered with impervious surfaces after project construction (for
example, asphalt or buildings)?
Anywhere between approximately 70 to 80% of the site yet the project has not been designed at this point.
(STAFF COMMENTS)
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
Erosion and slight hazards will not be a significant problem for this property due to its existing slope and
the surrounding area is being flat in nature
(STAFF C
2. AIR
a. 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.
The ultimate project will mainly be a daycare center with access to the site via automobile
(STAFF COMMENTS)
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b. Are there any off -site sources of emissions or odor that may effect your proposal? If so, generally describe.
None
(STAFF COMMENTS)
C. Proposed measures to reduce or control emissions or other impacts to the, if any:
None are necessary.
(STAFF COMMENTS)
3. WATER
a. Surface:
(1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and
seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If
appropriate, state what stream or river it flows into.
There's no surface water in the immediate vicinity of this site this is an urban setting.
(STAFF CO
(2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If
yes, please describe and attach available plans.
NA
(STAFF COMMENTS)
(3) Estimate the amount of fill and dredge material that would be placed in or removed from surface
water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill
material.
None
(STAFF COMMENTS)
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(4) Will the proposal require surface water withdrawals or diversions? Give general description,
purpose, and approximate quantities if known.
No
(STAFF COMMENTS)
(5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
No
(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.
No
(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.
No
(STAFF COMMENTS)
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(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.
None, project will utilize the municipal sanitary sewer system.
(STAFF COMMENTS)
C. 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.
To fully comply and utilize the storm water retention methods required by the state department
of ecology and the City of Edmonds.
(STAFF COMMENTS)
(2) Could waste materials enter ground or surface waters? If so, generally describe.
None anticipated
(STAFF COMMENTS)
(3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so,
describe.
No
(STAFF COMMENTS)
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d. Proposed measures to reduce or control surface, ground, runoff water, and drainage pattern impacts, if
any:
No impact on drainage patterns are expected; project will detain surface water per code.
(STAFF COMMENTS)
4. Plants
a. Check or circle types of vegetation found on the site:
ciduous tree: alder, maple, aspen, other•
evergreen tree: fir, cedar, pine, other:
shrubs
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
b. What kind and amount of vegetation will be removed or altered?
Landscaping will be installed in compliance with City of Edmonds requirements. we anticipate installing at least the same
number of trees which currently exist on the site if not more.
(STAFF COMMENTS)
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C. List threatened or endangered species known to be on or near the site.
None
(STAFF COMMENTS)
d. Proposed landscaping, use of native plants, or other materials to preserve or enhance vegetation on the site,
if any:
Experienced and licensed landscape architect will be utilized to design the landscaping for the final project.
(STAFF COMMENTS)
e. List all noxious weeds and invasive species known to be on or near the site.
None
(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:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other:
None of any note.
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(STAFF COMMENTS)
b. List any threatened or endangered species known to be on or near the site.
None
(STAFF COMMENTS)
C. Is the site part of a migration route? If so, explain.
Unlikley
(STAFF COMMENTS)
d. Proposed measures to preserve or enhance wildlife, if any:
None anticipated
(STAFF COMMENTS)
e. List any invasive animal species known to be on or near the site.
None are known of.
(STAFF COMMENTS)
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6. Energy and Natural Resources
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.
We anticipate using clean natural gas for heat source, and electricity for cooling in the summer months
(STAFF COMMENTS)
b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally
describe.
No
(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:
Compliance with the Washington state energy code
(STAFF COMMENTS)
7. 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.
No
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(STAFF COMMENT
(1) Describe any known or possible contamination at the site from present or past uses.
We believe the site may have contained a gas station in the past, but the site was re mediated
(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
(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.
None
(STAFF COMMENTS)
(4) Describe special emergency services that might be required.
Usual type of emergency services that might be necessary for a daycare, school or office setting.
(STAFF COMMENTS)
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(5) Proposed measures to reduce or control environmental health hazards, if any:
None
(STAFF COMMENTS)
b. Noise
(1) What types of noise exist in the area which may affect your project (for example: traffic, equipment,
operation, other)?
76th Ave W. which bounds the east side of the property is a fairly busy, that the building is likley to be set back
from the road by 60 feet or so
(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.
Standard construction activity involving earthmoving equipment,
(STAFF COMMENTS)
(3) Proposed measures to reduce or control noise impacts, if any:
Anticipate the necessity of having any unusual noise remediation efforts during construction which were more than
likely occurred during standard business hours
(STAFF COMMENTS)
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8. Land and Shoreline Use
a. 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.
Current building on the site had been utilized by a nursery and landscape maintenance company. Current temporary
occupant currently is a truck rental company.
(STAFF COMMENTS)
b. 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:
No
(STAFF COMMENTS)
C. Describe any structures on the site.
Existing one story building what Chad contained a landscape maintenance facility.
(STAFF COMMENTS)
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d. Will any structures be demolished? If so, what?
Yes all existing improvements will be removed or modified.
(STAFF COMMENTS)
e. What is the current zoning classification of the site?
BN neighborhood business
(STAFF COMMENTS)
f. What is the current comprehensive plan designation of the site?
Neighborhood commercial
(STAFF COMMENTS)
g. If applicable, what is the current shoreline master plan designation of the site?
(STAFF COMMENTS)
h. Has any part of the site been classified critical area by the city? If so, specify.
No
(STAFF COMMENTS)
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Approximately how many people would reside or work in the completed project?
65 to 80 mostly comprised of children during the daylight hours
(STAFF COMMENTS)
Approximately how many people would the completed project displace?
3 current workers
(STAFF COMMENTS)
k. Proposed measures to avoid or reduce displacement impacts, if any:
None
(STAFF COMMENTS)
1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if
any:
Full compliance with City of Edmonds zoning criteria.
(STAFF COMMENTS)
In. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial
significance, if any:
(STAFF COMMENTS)
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9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income
housing.
None
(STAFF COMMENTS)
b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income
housing.
None
(STAFF COMMENTS)
C. Proposed measures to reduce or control housing impacts, if any:
None necessary
(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?
25', undecided on the exterior facade materials at this point.
(STAFF COMMENTS)
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b. What views in the immediate vicinity would be altered or obstructed?
None
(STAFF COMMENTS)
C. Proposed measures to reduce or control aesthetic impacts, if any:
Exercise great architectural design features and building massing.
(STAFF COMMENTS)
11. Light and Glare
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
None of any substance.
(STAFF COMMENTS)
b. Could light or glare from the finished project be a safety hazard or interfere with views?
No
(STAFF COMMENTS)
C. What existing off -site sources of light or glare may affect your proposal?
None
(STAFF COMMENTS)
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d. Proposed measures to reduce or control light and glare impacts, if any:
Utilize light fixtures that comply with dark sky criteria.
(STAFF COMMENTS)
12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity?
Lake Ballinger is nearby get access to the lake must be utilized by public park approximately half a mile or more to the north.
(STAFF COMMENTS)
b. Would the proposed project displace any existing recreation uses? If so, describe.
No
(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:
None are anticipated
(STAFF COMMENTS)
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13. Historic and Cultural Preservation
a. 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.
No
(STAFF COMMENTS)
b. 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 to our knowledge
(STAFF COMMENTS)
C. 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.
None are anticipated or likely necessary.
(STAFF COMMENTS)
d. 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.
None are anticipated or likely necessary.
(STAFF COMMENTS)
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14. Transportation
a. 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.
76th Ave west, and SR 1041Edmonds Way. Access onto and off the site will likley be via the existing curb cuts and
the existing easement to the wets.
(STAFF COMM
b. 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?
Yes there are bus lines on both SR1041 Edmonds Way, and 76th Ave West
(STAFF COMMENTS)
C. How many additional parking spaces would the completed project or nonproject proposal have? How
many would the project or proposal eliminate?
We anticipate having 28 to 30 parking stalls; uncertain of how many existing stalls currently are on the site since the site
was primarily used as a nursery and staging area for a landscape company.
(STAFF C
d. 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).
None anticipated
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(STAFF COMMENTS)
e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If
so, generally describe.
No
(STAFF COMMENTS)
f. 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?
No currently known; most likely in the morning and afternoon hours
(STAFF COMMENTS)
g. 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.
No
(STAFF COMMENTS)
h. Proposed measures to reduce or control transportation impacts, if any:
No
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(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.
Yes the need for this type of service will increase beyond what a landscape maintenance and supply operation used to
require, yet we do not anticipate anything extraordinary or unusual.
(STAFF COMMENTS)
b. Proposed measures to reduce or control direct impacts on public services, if any:
None are anticipated or appear to be necessary.
(STAFF COMMENTS)
16. Utilities
a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone,
sanitary sewer, septic system, other:
All are currently available.
(STAFF COMMENTS)
b. Describe the utilities that are proposed for the project, the utility providing the service, and the general t
construction activities on the site or in the immediate vicinity which might be needed. U
r
a
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Water and sewer Edmonds public works
Electricity Snohomish County public utility district
Garbage Allied Waste
Natural gas Puget Sound Energy
Telephone/Data Ziply Fiber, Comcast Cable m
(STAFF C
C. SIGNATURE
I declare under pen, ity oI erjury laws that the above answers are true and correct to the best of my knowledge. I understand
that the lead �,.v - - 's on them to make its decision.
f Proponent
01 /24/23
Date Submitted
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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?
Proposal measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
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4. 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?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. 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?
Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public services and utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the
protection of the environment.
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File No.: AMD2023-0001
Applicant: Great Kids Academy and AD Shapiro Architects, Zoning Code
Amendment
DECLARATION OF POSTING
On the 30th day of May 2023, the Notice of SEPA Determination and
Nonsignificance was posted at Civic Hall, Public Safety building, and the
Edmonds Library.
I, Rose Haas, hereby declare under penalty of perjury under the laws of the State
of Washington that the foregoing is true and correct this 30t" day of May 2023, at
Edmonds, Washington.
Signed: Rose Haas, Planner
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File No.: AMD2023-0001
Applicant: Great Kids Academy and AD Shapiro Architects, Zoning Code
Amendment
DECLARATION OF MAILING
On the 30th day of May 2023, the attached Notice of Application was e-mailed
by the City to applicable parties shown in the attached Distribution List.
I, Rose Haas, hereby declare under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct this 30th day of May
2023, at Edmonds, Washington.
Signed: Rose Haas, Planner
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Distribution List: This DNS and SEPA checklist were distributed to the following:
0 Applicant
0
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
0
Dept. of Commerce
❑ City of Mukilteo
❑ US Fish and Wildlife
❑
WSDOT
❑ City of Shoreline
❑
WSDOT— Ferries
❑ Town of Woodway
0 Puget Sound Energy
❑
Dept. of Fish & Wildlife
0 Snohomish PUD
❑
Dept. of Health — Drinking Water
❑ Snohomish Co. Public Works
❑ Olympic View Water & Sewer
0
Dept. of Arch. & Historic Pres.
❑ Snohomish Co. PDS
❑ Alderwood Water District
❑
Dept. of Parks and Rec. Commission
❑ Snohomish Co. Health Dist.
0 Edmonds School District
❑ Port of Edmonds
❑
Puget Sound Clean Air Agency
❑ King County - Transit
0 South County Fire
❑
Puget Sound Regional Council
❑ King County — Environ. Planning
❑ Swedish Hospital
❑
Puget Sound Partnership
0 Community Transit
0
Tulalip Tribe
❑ Other
pc: File No.
SEPA Notebook
Page 2 of 2
AMD2023-0001 SEPA DPTHRMINATION
5,23/23.SEPA Packet Pg. 168
10.1
City Council Agenda Item
Meeting Date: 06/6/2023
Connecting Housing to Infrastructure Program (CHIP) Capital Agreement with Commerce
Staff Lead: Susan McLaughlin
Department: Planning & Development
Preparer: Susan McLaughlin
Background/History
The Washington State Department of Commerce's Connecting Housing to Infrastructure Program (CHIP)
grants provide funds for water, sewer, and stormwater improvements and/or waived system
development charges for new affordable housing projects. The applicant must be a city, county, or public
utility district in partnership with an affordable housing project.
The City of Edmonds, in partnership with Housing Hope, applied for the CHIP grant in 2022 and was
awarded $1,361,011. The grant agreement with Housing Hope was approved by Council on May 16,
2023. However, the Capital agreement with Commerce also needs authorization for the Mayor's
signature. The Capital agreement was attachment 1 in the May 16, 2023 agenda packet.
Staff Recommendation
Staffing recommends approval of the Capital agreement with Commerce to fully execute the grant
agreement that Council authorized on May 16, 2023.
Narrative
The CHIP grant program helps reduce the development costs for developers of affordable housing
projects. To apply for the program, affordable housing developers must partner with a city, county, or
public utility district. Housing Hope contacted city staff in 2021 to inquire about a potential partnership
and, in 2022, the parties applied for the CHIP grant and was awarded $1,361,011.
The grant requirements include:
The city or county must have imposed a sales and use tax for affordable housing.
The new housing development must include at least 25% affordable units, which must have a
strong probability of serving the target group for at least 25 years.
The affordable housing development must begin construction within 24 months of the grant
award.
Federal funds must be under contract by December 2024 and expended by December 2026.
Projects funded with state resources must be completed by June 2025 pending legislative re -
appropriations.
Where applicable, the extension for new drinking water, wastewater or stormwater connections
must be consistent with the approved comprehensive plans under the Growth Management Act
and must be within the established boundaries of the Urban Growth Area.
Housing Hope is planning a 52-unit multi -family development with associated services on the vacant lot
immediately to the east of Edmonds Lutheran Church. The completed project will provide supportive
Packet Pg. 169
10.1
services, staff offices, community amenities, and streetscape improvements. All 52 units will serve
families with children. Half of the units are allocated to families coming directly from homelessness and
the remaining units will serve families with very -low income who earn less than 50 percent (50%) of the
Area Median Income, which equates to $57,875 annually for a family of four.
The City's role in administration of the grant is detailed in the Capital Agreement with Commerce
(Attachment 1) and the grant agreement with Housing Hope (Attachment 2, which was approved by
Council on May 16, 2023) and summarized in Attachment 3.
Attachments:
Attachment 1 - Capital Agreement with Commerce
Attachment 2 - Grant Agreement with Housing Hope
Attachment 3 - Grant Administration Procedures
Packet Pg. 170
10.1.a
® , Washington State
' . Department of
�► Commerce
Capital Agreement with
City of Edmonds
through
America Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds -
Connecting Housing to Infrastructure Program (CHIP)
Purpose
To support the development of affordable housing by paying for
utility infrastructure improvements at Edmonds Lutheran Church
Field Apartments
Start date: July 1, 2021
Packet Pg. 171
10.1.a
THIS PAGE INTENTIONALLY LEFT BLANK
a
Packet Pg. 172
TABLE OF CONTENTS
10.1.a
FaceSheet.....................................................................................................................iv
Declarations.................................................................................................................... 1
Special Terms and Conditions........................................................................................2
1.
Authority.................................................................................................. 2
2.
Acknowledgement of Federal Funding ..................................................... 2
3.
Grant Management..................................................................................2
4.
Period of Performance, Costs Incurred, Reimbursement ......................... 2
5.
Compensation..........................................................................................2
6.
Billing Procedures and Payment.............................................................. 3
7.
Subcontractor Data Collection.........................................................4
8.
Historical or Cultural Resources, Human Remains...................................4
9.
Audit........................................................................................................4
10.
Debarment...............................................................................................4
11.
Insurance................................................................................................. 5
12.
Compliance with Applicable Law and Regulations ................................... 5
13.
Federal Exclusion.................................................................................... 6
14.
Registration with the System for Award Management (SAM) .................. 7
15.
Reduction In Funds..................................................................................7
16.
Ownership of Project/Capital Facilities.....................................................7
17.
Change of Ownership or Use for Grantee -Owned Property ..................... 7
18.
Change of Use for Leased Property Performance Measure ..................... 8
19.
Termination for Fraud or Misrepresentation............................................. 8
20.
Fraud....................................................................................................... 8
21.
Order of Precedence................................................................................ 8
General Terms and Conditions....................................................................................... 9
1.
Definitions................................................................................................9
2.
Administrative Cost Allocation..................................................................
9
3.
Allowable Costs.......................................................................................
9
4.
All Writings Contained Herein..................................................................
9
5.
Amendments............................................................................................9
6.
Americans with Disabilities Act(ADA)......................................................9
7.
Approval..................................................................................................9
8.
Assignment............................................................................................10
9.
Attorney's Fees......................................................................................
10
10.
Audit......................................................................................................
10
11.
Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion.......................................................
10
12.
Code Requirements...............................................................................
11
13.
Confidentiality/Safeguarding of Information ............................................
11
14.
Conformance.........................................................................................
12
15.
Conflict of Interest..................................................................................
12
16.
Copyright Provisions..............................................................................
12
17.
Disallowed Costs...................................................................................13
18.
Disputes.................................................................................................13
19.
Duplicate Payment.................................................................................13
Packet Pg. 173
10.1.a
20.
Governing Law and Venue.....................................................................
13
21.
Indemnification.......................................................................................
13
22.
Independent Capacity of the Grantee .....................................................
14
23.
Industrial Insurance Coverage...............................................................
14
24.
Laws......................................................................................................
14
25.
Licensing, Accreditation and Registration ...............................................
14
26.
Limitation of Authority............................................................................
14
27.
Noncompliance With Nondiscrimination Laws ........................................
14
28.
Pay Equity..............................................................................................
14
29.
Political Activities...................................................................................
15
30.
Prevailing Wage Law.............................................................................
15
31.
Procurement Standards for Federally Funded Programs .......................
15
32.
Prohibition Against Payment of Bonus or Commission ...........................
16
33.
Publicity.................................................................................................16
34.
Recapture..............................................................................................
16
35.
Records Maintenance............................................................................
16
36.
Registration with Department of Revenue ..............................................
16
37.
Right of Inspection.................................................................................
16
38.
Savings..................................................................................................16
39.
Severability............................................................................................17
40.
Subcontracting.......................................................................................17
41.
Survival..................................................................................................17
42.
Taxes.....................................................................................................17
43.
Termination for Cause............................................................................
17
44.
Termination for Convenience.................................................................
18
45.
Termination Procedures.........................................................................
18
46.
Treatment of Assets...............................................................................
19
47.
Waiver...................................................................................................
19
48.
Work Hours and Safety Standards.........................................................
19
AttachmentA- Scope of Work.......................................................................................20
Attachment B- Certification of the Availability of Funds to Complete the Project ........... 22
Attachment C- Certification of the Payment and Reporting of Prevailing Wages ........... 23
Packet Pg. 174
10.1.a
Contract Number: 22-96720-:
Washington State Department of Commerce
Local Government Division
Community Assistance & Research Unit
ARPA State and Local Fiscal Recovery Funds Grant
1. Grantee
2. Project Name and Address
City of Edmonds
Edmonds Lutheran Church Field Apartments
121 Fifth Avenue North
8215 236th Street Southwest
Edmonds, WA 98020
Edmonds, WA 98026
3. Grantee Representative
4. COMMERCE Representative
Brad Shipley
Eric Guida PO Box 42525
Associate Planner
CHIP Program Manager 1011 Plum Street SE
(425)967-2645
(360)725-3044 Olympia, WA 98504-2525
brad.shipley@edmondswa.gov
eric.guida@commerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$1,361,011
Federal: ® State: ❑ Other: ❑ N/A: ❑
July 1, 2021
June 30,2025
9. Federal Funds (as applicable) Federal Agency ALN (CFDA #):
$1,361,011 US Dept. Treasury 21.027
10. SWV #
11. UBI #
12. DUNS #
13. UNIQUE ENTITY ID #
0013866-07
312-000-093
40172827
N F 1 AQNT457R7
14. Grant Purpose
The outcome of this performance -based Grant Agreement is to undertake utility infrastructure improvements as
referenced in Attachment A — Scope of Work for the Edmonds Lutheran Church Field Apartments project.
COMMERCE, defined as the Department of Commerce and Grantee acknowledge and accept the terms of this Grant
and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents
incorporated by reference: Grantee Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" —
Certification of Availability of Funds to Complete the Project, Attachment "C" — Certification of the Payment and Reporting
of Prevailing Wages,
FOR GRANTEE
FOR COMMERCE
Mark K. Barkley, Assistant Director, Local Government
Michael Nelson, Mayor
Division
Date
Date
APPROVED AS TO FORM ONLY
APPROVED AS TO FORM ONLY
Name
Sandra Adix
Assistant Attorney General
March 31, 2022
Date
Date
Packet Pg. 175
10.1.a
DECLARATIONS
CLIENT INFORMATION
GRANTEE Name: City of Edmonds
Grant Number: 22-96720-210
PROJECT INFORMATION
Project Name: Edmonds Lutheran Church Field
Apartments
Project Address: 8215 236th Street Southwest
Project City, State Zip Code: Edmonds, WA 98020
GRANT INFORMATION
Grant Amount:
Appropriation Number:
Grant End Date:
Biennium:
Biennium Close Date:
Earliest Date for Reimbursement:
Time of Performance:
FUNDING INFORMATION
Federal Funding:
Federal Award Agency:
$1,361,011
2021 Washington State Capital Budget SSB 1080,
Section 1074
June 30, 2025
2021-2023, 2023-2025
June 30, 2025
March 3, 2021
In accordance with Special Terms and
Conditions Number 4
Sec. 602 Coronavirus State Fiscal Recovery Funds
of Title VI of Social Security Act as added by
American Rescue Plan Act of 2021 (ARPA or "Act"),
Title IX, Subtitle M, Sec. 9901, Public Law 117-2,
codified at 42 U.S.C. 802 et seq.
US Department of Treasury
Amount of Federal Funds Obligated by this Action: $1,361,011
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Extension of Grant Upon Reappropriation.
Notwithstanding General Term and Condition No. 4, the End Date of this Grant may be extended upon
written notice to Grantee from Commerce for a period of time consistent with the effective date of any
re -appropriation of funds, and/or with terms reflecting new Federal requirements for ARPA funds, if any. In
Commerce's sole discretion, after review of any funding re -appropriation terms and applicable Federal law
or guidance, a contract amendment in accordance with General Term and Condition No. 4 may be required
to extend the End Date.
Last revision 11/23/2021
Packet Pg. 176
10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
1. AUTHORITY
Funding for this Grant has been provided in the 2021-2023 biennial state Capital Budget, SSB 1080,
pursuant to Federal grants to Washington State under the American Rescue Plan Act of 2021 (ARPA
or "Act"), sec. 9901, Public Law 117-2, codified at 42 U.S.C. 802 et seq. Unexpended funds from the
2021-23 state biennium have been re -appropriated to the 2023-25 state biennium.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Identification Number (FAIN): SLRF0002
Total amount of the federal award: $1,361,011
Federal Awarding Agency: US Department of Treasury
Research & Development (R&D): award will not be used for R&D
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Grant, shall contain the following statements:
"This project was supported by grant awarded by the US Department of the Treasury. Points
of view in this document are those of the author and do not necessarily represent the official
position or policies of the US Department of the Treasury. Grant funds are administered by
the America Rescue Plan Act, State and Local Fiscal Recovery Funds, Washington State
Department of Commerce."
3. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
4. PERIOD OF PERFORMANCE, COSTS INCURRED, REIMBURSEMENT
a) Period of Performance, The initial period of performance for this award begins on the date hereof
and ends on June 30, 2025. If unexpended funds under this Grant are re -appropriated, the period
of performance (Contract End Date) will be extended to not later than October 30, 2026.
b) Costs Incurred Period. As set forth in Treasury's implementing regulations, Grantee may use funds
awarded under ARPA to cover eligible costs incurred during the period that begins on March 3,
2021, and ends on December 31, 2024. Pursuant to Federal rules, a cost shall be considered to
have been incurred if the Grantee has incurred an obligation with respect to such cost by December
31, 2024. All change orders for which reimbursement is requested must be executed on or before
December 31, 2024.
c) Reimbursement Period. All requests for reimbursement of eligible costs incurred between March
3, 2021 and December 31, 2024 payable from ARPA funds must be submitted to COMMERCE by
the earlier of October 30, 2026 or 30 days prior to the Contract End Date.
5. COMPENSATION
COMMERCE shall pay an amount not to exceed the total contract amount listed on the contract Face
Sheet for the performance of all things necessary for or incidental to the performance of work as set
forth in the Scope of Work.
2
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10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
6. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE's Grants
Management System (CMS), which is available through the Secure Access Washington (SAW) portal.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Grant Number listed on
the contract Face Sheet.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or if work is not completed or Grant
terminated, within fifteen (15) days following the end of the state biennium unless Grant Agreement
funds are reappropriated by the Legislature in accordance with Additional Special Terms and
Conditions set forth in the Declarations page above.
Each request for payment must be accompanied by:
a Project Status Report, which describes, in narrative form, the progress made on the
Project since the last invoice was submitted, as well as a report of Project status to date.
COMMERCE will not release payment for any reimbursement request received unless
and until the Project Status Report is received. After approving the Invoice Voucher and
Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
Any documentation of costs, and prevailing wage as per section 8 of the Special Terms
and Conditions and Attachment C, CERTIFICATION OF THE PAYMENT AND
REPORTING OF PREVAILING WAGES.
A reportable expenses form as detailed in Section 7 of Special Terms and Conditions,
SUBCONTRACTOR DATA COLLECTION.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
3
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10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
Withholding
At its sole discretion, COMMERCE may withhold ten percent (10%) of the full grant amount until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
7. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of
Grant funds expended for work performed by subcontractors, including but not necessarily limited to
minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall
mean subcontractors of any tier.
8. HISTORICAL OR CULTURAL RESOURCES, HUMAN REMAINS
CHIP projects are subject to the requirements of Washington State Governor's Executive Order (GEO)
21-02 "Archaeological and Cultural Resources". CHIP Grantees will cooperate with Commerce to fulfill
the requirements of GEO-21-02. Commerce will delegate consultation authority to the grantee by letter,
and each project must complete the EZ-1 Form to comply with the GEO 21-02. In the event that
historical or cultural artifacts are discovered at the Project site during construction or rehabilitation, the
Grantee or subcontractor shall immediately stop work and notify the local historical preservation officer
and the state historic preservation officer at the Department of Archaeology and Historic Preservation
at (360) 586-3065. If human remains are discovered, the Grantee shall immediately stop work and
report the presence and location of the remains to the coroner and local enforcement, then contact
DAHP and any concerned tribe's cultural staff or committee.
9. AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or
all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -
specific audit for that fiscal year. Upon completion of each audit, the Grantee shall:
1. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200,
reports required by the program -specific audit guide (if applicable), and a copy of any
management letters issued by the auditor.
2. Submit to COMMERCE follow-up and developed corrective action plans for all audit
findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or
all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single
audit requirement.
The Grantee shall send all single audit documentation to the Federal Audit Clearinghouse.
httr)s://facides.census.gov/Account/Login.asi)x
10. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
4
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10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE. Grantees should
review section 14 of the Special Terms and Conditions for information on documenting that any
subcontractors are not on the federal debarment list.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
11. INSURANCE
Each party certifies that it is self -insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
12. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS
A. Grantee agrees to comply with the requirements of section 603 of the Act, regulations adopted
by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding
the foregoing. Grantee also agrees to comply with all other applicable federal statutes,
regulations, and executive orders, and Grantee shall provide for such compliance by other
parties in any agreements it enters into with other parties relating to this award.
B. Federal regulations applicable to this award include, but are not necessarily limited to the
following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable to this Award and subject to such exceptions as may be otherwise provided
by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award.
5
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10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -
procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition
in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing
regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in
2 C.F.R. Part 200, Appendix XI to Part 200 is hereby incorporated by reference.
vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§
4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
x. Prohibition on certain telecommunications and video surveillance services or equipment 2
CFR 2§ 00.216.
C. Statutes and regulations prohibiting discrimination applicable to this award include,
but are not necessarily limited to the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
which prohibits discrimination in housing on the basis of race, color, religion, national origin,
sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs, activities,
and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
13. FEDERAL EXCLUSION
These terms add to the terms in Section 12 Certification Regarding Debarment, Suspension or
Ineligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transactions in General Terms
and Conditions. The Grantee also agrees to access the Federal Exclusion List at www.sam.gov and
provide Federal Exclusion documentation to Commerce and to keep a copy on file with the Grantee's
project records.
6
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10.1.a
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
14. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT
By signing this Grant, the Grantee accepts the requirements stated in 48 CFR 52.204-7 to register with
the System for Award Management at the SAM website (httr)s://www.sam.gov). To register in SAM, a
valid Unique Entity Identifier (UEI) is required. The Grantee is responsible for the accuracy and
completeness of the data within the SAM database and for any liability resulting from the Government's
reliance on inaccurate or incomplete data. The Grantee must remain registered in the SAM database
after the initial registration. The Grantee is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate
and complete. The Grantee shall provide evidence documenting registration and renewal of SAM
registration to Commerce.
In the event of the Grantee's noncompliance or refusal to comply with the requirement stated above,
Commerce reserves the right to suspend payment until the Grantee cures this noncompliance.
15. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement to assure affordability when the CHIP grant
program contributed to the project, unless monitored by another funder. The funding for this program,
[SB 5651 (section 1032), laws of 2021] requires that projects serve and benefit low-income
households, and requires affordability for at least 25 years. This provision does not extend to claims
that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
17. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by
the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using
state funds under this Grant Agreement, shall be held and used by the GRANTEE for the
purpose or purposes stated elsewhere in this Grant Agreement for a period of at least twenty
five (25) years from the date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior
review and approval by COMMERCE, and that all proceeds from such sale shall be applied
to the purchase price of a different facility or facilities of equal or greater value than the
original facility and that any such new facility or facilities will be used for the purpose or
purposes stated elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE
shall repay to the state general fund the principal amount of the grant as stated on the Face
Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general
obligation bonds issued most closely to the effective date of the legislation in which the
subject facility was authorized. Repayment shall be made pursuant to Section 34 (Recapture
provision).
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18. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least twenty five (25) years from the date the final payment is
made hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE
shall repay to the state general fund the principal amount of the grant as stated on the Face
Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general
obligation bonds issued most closely to the effective date of the legislation in which the
subject facility was authorized. Repayment shall be made pursuant to Section 34 (Recapture
Provision).
19. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
20. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Grant Agreement immediately or as soon as practicable to the
COMMERCE Representative identified on the Face Sheet.
21. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Certification of the Availability of Funds to Complete the Project
• Attachment C — Certification of the Payment and Reporting of Prevailing Wages
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1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantor,
including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile
transmission of a signed copy of this contract shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate contract with the Grantee. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Grant based on an allocation
plan that reflects allowable administrative costs that support services provided under each Grant
administered by the Grantee. An approved current federal indirect cost rate may be applied up to the
maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Grant are actual expenditures according to an approved budget up to the
maximum amount stated on the Grant Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
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8. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE. For the purpose of the CHIP contracts, which
require a city, county or public utility sponsor of the affordable housing project, Commerce preapproves
the grantee to assign this contract to their affordable housing partner. In this case, all requirements and
contract terms flow to the assignee's subcontractors, specifically section 11, certification regarding
debarment, and section 40, subcontracting, of the General Terms and Conditions. After assignment,
all references to Grantee shall mean Grantee's assignee.
9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other action
brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
10. AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or
all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -
specific audit for that fiscal year. Upon completion of each audit, the Grantee shall:
1. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200, reports
required by the program -specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
2. Submit to COMMERCE follow-up and developed corrective action plans for all audit
findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or
all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single
audit requirement.
The Grantee shall send all single audit documentation to the Federal Audit Clearinghouse.
https://facides.census.gov/Account/Login.aspx
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION —PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or transaction,
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this contract had one or more
public transactions (federal, state, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this contract, the Grantee shall
attach an explanation to this contract.
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C. The Grantee agrees by signing this contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this contract that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
The lower tier contractor certifies, by signing this contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier contractor is unable to certify to any of the statements in this contract,
such contractor shall attach an explanation to this contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and
3. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law. "Personal information" includes but is not limited to information related to a
person's name, health, finances, education, business, use of government services, addresses,
telephone numbers, social security number, driver's license number and other identifying
numbers, and "Protected Health Information" under the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantor shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
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C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
14. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the Grantee terminate this contract if it is found after due
notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act,
Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Grantee in the procurement
of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the Commerce program
administering this contract, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and monitoring grants,
during the 24 month period preceding the start date of this Grant. Identify the individual by name, the
agency previously or currently employed by, job title or position held, and separation date. If it is
determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from
further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the Contractor as it could pursue in the event of a breach of the contract by the
Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law. The existence of facts upon which
COMMERCE makes any determination under this clause shall be an issue and may be reviewed as
provided in the "Disputes" clause of this contract.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grant, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
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17. DISALLOWED COSTS
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
18. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
19. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
20. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state
of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,
for, from and against all claims for injuries or death arising out of, or resulting from, the performance of
the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or
expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or
death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee's or any subcontractor's performance or failure to perform the contract.
Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
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22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant are not employees or agents of the
state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or
employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make
any claim of right, privilege or benefit which would accrue to such officer or employee under law.
Conduct and control of the work will be solely with the Grantee.
23. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount
payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the
Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee.
24. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter amended.
25. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Grant.
27. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
contracts with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
28. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job -related factor or factors; or a bona fide regional
difference in compensation levels.
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(ii) A bona fide job -related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender -based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender -based differential; and account for the
entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Grantee is not in compliance with this provision.
29. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
30. PREVAILING WAGE LAW
The Grantee certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Grantee shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE's review upon request.. The Grantee shall consult with the Department of
Labor and Industries (L&I) as may be required to determine the applicability of prevailing wage to the
Project.
31. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Grantee which is a local government or Indian Tribal government must establish procurement policies
and procedures in accordance with 2 CFR 200 for all purchases funded by this contract.
All recipients of funds under this Contract, including Contractor and subrecipients or subcontractors of
any tier, must follow the procurement standards in 2 CFR §§ 200.318 through 200.327, including
ensuring that the procurement method used for the contracts are appropriate based on the dollar
amount and conditions specified in 2 CFR § 200.320.
The Grantee's procurement system should include but not necessarily be limited to, the following:
A. General procurement standards 2 CFR 200.318. A code or standard of conduct that shall
govern the performance of its officers, employees, or agents engaged in the awarding of
contracts using federal funds.
B. Competition 2 CFR 200.319. Procedures that ensure all procurement transactions shall be
conducted in a manner providing full and open competition consistent with the standards of this
section and 2§ 00.320.
C. Methods of procurement to be followed 2 CFR 20§ 0.320.
D. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms 2 CFR 2§ 00.321.
E. Domestic preferences for procurements 2 CFR 2� 00.322.
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32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
project costs.
33. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
34. RECAPTURE
In the event that the Grantee fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this contract.
35. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this contract
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this contract.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the contract, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
36. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
37. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be subject
at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor,
and federal and state officials so authorized by law, in order to monitor and evaluate performance,
compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities
for this purpose.
38. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
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39. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
40. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee
is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition
of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal
conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce
the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
41. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
42. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
43. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Grantee in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original contract and the replacement or
cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition
to any other rights and remedies, provided by law.
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10.1.a
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
44. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant COMMERCE may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is
so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
45. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this contract as has been terminated. The provisions of the "Treatment
of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE
for (i) completed work and services for which no separate price is stated, (ii) partially completed work
and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection
and preservation of property, unless the termination is for default, in which case the authorized
Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee, under the orders and subcontracts
so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Grantee and in which COMMERCE has or may acquire an interest.
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10.1.a
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
46. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this contract,
shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of
this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this contract.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this contract
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subcontractors.
47. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
48. WORK HOURS AND SAFETY STANDARDS
The Grant Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all contracts
awarded by recipients in excess of $100,000 for construction and other purposes that involve the
employment of mechanics or laborers must include a provision for compliance with Section 102 and
107 of the Grant Work Hours Safety Standards Act (40 U.S.C. 327-333), as supplemented by
Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is
required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 '/2 times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides
that no laborer or mechanic is required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
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10.1.a
Attachment A
SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures for the Edmonds Lutheran Church
Field Apartments, a 52-unit affordable multifamily housing development.
The location of the project is: Vacant Land 236th Street Southwest, Edmonds, WA 98026
Project activities will include and be limited to the construction of the following utility improvements:
Connect the proposed onsite stormwater system to the existing system in 236th St SW. The
stormwater system is based on utilization of a 30,000 cubic foot, below -grade concrete detention
vault which will capture the sites water via catch basins and drains, then utilize a flow control
structure to release this in a controlled, predetermined rate into the existing City of Edmonds
storm system. This cost includes the supply and install of all storm utility specific work: earthwork,
materials, asphalt cutting/patching, sidewalk replacement where the utility comes from offsite
main into the site, and flagging.
This project is expected to be complete by November 30, 2024.
The "Copyright Provisions", Section 16 of the General Terms and Conditions, are not intended to apply to
any architectural and engineering design work funded by this grant.
Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021), and criteria
developed by Commerce to ensure the terms of the appropriation are met, all grants must meet the
following criteria:
• Applicant must be a city, county or public utility district, applying in coordination with the
developer of a multi -unit affordable housing project, located within a jurisdiction that imposed a
sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105.
• The utility project must serve new multi -unit affordable1 housing projects that serve and benefit
low-income households.2 If the project is a mixed -income project, the affordable portion of the
development must be at least 25%.
• The affordable housing project should be part of a program that will monitor affordability for a
minimum of 25 years, such as the Housing Trust Fund, low-income housing tax credits, housing
authority, or a city monitoring process. A covenant and/or note and deed of trust may be required
as part of securitization to ensure affordability.
1 "Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which, as long as the same is occupied by low-income households, requires payment of monthly
housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the
context of homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7):
"affordability occurs when a household's monthly housing costs are generally no more than 38 percent of monthly
household income and total debt is no more than 45 percent of monthly household income. Housing costs include
mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease
fees, as applicable. Total debt includes other debt and utilities."
2 "Low-income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size, for the county where the project is located.
20
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10.1.a
Attachment A
CERTIFICATION PERFORMANCE MEASURE — SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
Michael Nelson, Mayor DATE
How this project meets criteria for APRA SLFRF Projects
This project aligns to the Expenditure Category 3 of ARPA SLRF, services to Disproportionately Impacted
Communities, Housing Support: Affordable Housing EC 2.15,3 Under ARPA's SLFRF guidance, funding
for this grant falls under the category of responding to "Public Health and Economic Impacts" of the
COVID-19 public health emergency. Within that category of eligible actions, this program is intended to
"Building Stronger Communities through Investments in Housing and Neighborhoods" by serving those
communities that were hardest hit by the pandemic through investments in affordable housing
development. Eligible services include: Affordable housing development to increase supply of affordable
and high quality living units. Supporting the development of affordable housing is important to address a
limited supply of housing, some of which is inadequate, or of poor quality.' The Interim Final Rule
supports this finding by stating that "both the public health and economic impacts of the pandemic have
fallen most severely on communities and populations disadvantaged before it began" including "low
income communities, people of color, and Tribal communities.115
3 https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf
' See specific language at printed pages 26795 and 26796 of the Interim Final Rule to implement the Coronavirus
State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under ARPA).
5 Ibid, page 26787.
21
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10.1.a
Attachment B
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
Type of Funding Source Description and purpose Amount
CHIP Grant Washington State Department of Commerce $1,361,011
Other Sources
Source #1 Snohomish County HOME Loan $1,100,000
Source #2 Snohomish County CDMH Loan $793,222
Source #3 Washington State Department of Commerce $4,775,000
Loan
Source #4 Beneficial State Bank Construction Loan $16,500,000
Source #5 Sponsor Loan (from Housing Hope) $955,929
Total Other Funds T $24,124,151
Total Project Funding $25,485,162
CERTIFICATION PERFORMANCE MEASURE - AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement has either been expended for eligible Project expenses, or is committed in writing
and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has
access to the funds needed to complete the Project, and shall make such records available for
COMMERCE's review upon reasonable request.
Michael Nelson, Mayor
DATE
22
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10.1.a
Attachment C
CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the "Statement of Intent to
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. See Section 30 of
the General Terms and Conditions.
Before invoices are paid, the "awarding agency" must provide documentation of the "intent to pay
commercial prevailing wages". Before the final funds are paid from the state, an "affidavit of wages paid"
from L&I must also be provided. The GRANTEE or assignee, shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE's review
upon request.
CERTIFICATION PERFORMANCE MEASURE — PREVAILING WAGES
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE and their subcontractors as of the date and year written below.
Michael Nelson, Mayor
DATE
23
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10.1.b
CITY OF EDMONDS GRANT AGREEMENT
FOR THE USE OF FUNDS FROM THE
WASHINGTON STATE DEPARTMENT OF COMMERCE
CONNECTING HOUSING TO INFRASTRUCTURE PROGRAM (CHIP)
THIS GRANT AGREEMENT ("Grant Agreement"), is made and entered into by and
between the City of Edmonds (the "City"), a Washington municipal corporation, and Housing
Hope, a public benefit nonprofit corporation (the "Grantee") (collectively the "Parties").
RECITALS
WHEREAS, the American Rescue Plan Act of 2021 (ARPA) was signed into law on
March 11, 2021; and
WHEREAS, ARPA provides monetary relief to address the continued impacts of the
COVID-19 pandemic on the economy, public health, state and local governments, individuals, and
businesses; and
WHEREAS, ARPA Sec. 9901 provides funding to states and local governments to
mitigate the fiscal effects stemming from the COVID-19 public health emergency; and
WHEREAS, state and local governments shall use funds to cover costs incurred by
December 31, 2024 to, among other things, respond to the negative economic impacts of the
COVID-19 emergency; and
WHEREAS, the Washington State Department of Commerce ("Commerce") initiated a
program for the use of ARPA funds called the Connecting Housing to Infrastructure Program
(CHIP); and
WHEREAS, the City has entered into a Capital Agreement with Commerce ("Capital
Agreement") to use Commerce -provided CHIP Grant funds ("Funds") to support the development
of affordable housing by providing funds for utility infrastructure improvements for an affordable
housing project located in Edmonds, Washington to be known as Edmonds Lutheran Church Field
Apartments ("Field Apartment Project"); and
WHEREAS, the Grantee is the sponsor of the Field Apartment Project and a Subcontractor
for the City under the Capital Agreement tasked with performing the utility infrastructure
improvements for the Field Apartment Project; and
WHEREAS, the City and the Grantee wish to memorialize the rights and responsibilities
of each with regard to the allocation and use of the Funds;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the Parties hereto as follows:
Packet Pg. 199
10.1.b
Housing Hope Grant Agreement 2023
Page 2 of 6
1. Acknowledtements. The Parties acknowledge and affirm that the Funds provided
by the City to the Grantee pursuant to this Grant Agreement are a subaward of federal ARPA grant
funds awarded by the federal Department of the Treasury and passed through to the City by
Commerce. This subaward is intended as economic support in connection with the COVID-19
public health emergency and related economic crisis to assist with utility infrastructure
construction -related expenses incurred during the period of March 3, 2021 through December 31,
2024. The Grantee's unique entity identifier is EIN 94-3060709. The City is operating under the
Washington FAIN SLF0002 and CFDA Number 21.027. The City's 2021 Nonentitlement Unit
Recipient Number assigned by the State of Washington Office of Financial Management for
disbursement of ARPA funds to nonentitlement cities is WA0365, the Federal Award Date is July
1, 2021, and the Subaward Period of Performance Start and End Dates are July 1, 2021 to June 30,
2023. The End Date may be extended contingent upon reappropriation. The City's awarding
official is Mayor Mike Nelson, whose contact information is included in Section 15 ("Notices"),
below. As a Subcontractor for the City under the Capital Agreement, a copy of which is attached
hereto and incorporated herein by this reference, the Grantee agrees that the terms of the Capital
Agreement will govern the use of the Funds provided hereunder and the Grantee agrees to be
bound by all applicable provisions of the Capital Agreement. Commerce and the State of
Washington are not liable for claims or damages arising from the Subcontractor's performance of
the subcontract.
2. Grant Funds. Grant funds will be disbursed on a reimbursement basis as provided
in the Capital Agreement.
3. Allowable Uses. The Funds provided pursuant to this Grant Agreement are to be
loaned by the Grantee to an affiliate of Grantee, ELCFA LLC, a Washington limited liability
company ("ELCFA"), and used by ELCFA for the installation of utilities at the Field Apartment
Project, located at 8215 236th Street SW, Edmonds, Washington, Parcel ID #00576700002614,
which will be a 52-unit affordable multi -family housing development with four (4) three-story
structures totaling approximately 49,793 square feet. The development will include supportive
services, staff offices, community amenities, street frontage and on -site improvements, as well as
off -site sports court improvements. All fifty-two units will serve families with children. The intent
is that half of the units will be dedicated to families coming directly from homelessness (the
"Homeless Units") to the extent that the Field Apartments Project receives the necessary operating
and/or service subsidies to support the operation of the Homeless Units, and all units will be for
families with low income who earn less than fifty percent (50%) of the Area Median Income,
which equates to $57,850 for a family of four. The utility project activities will be as described in
the Capital Agreement, Attachment A — Scope of Work.
4. Records Maintenance. The Grantee will maintain books, records, documents,
data and other evidence relating to this Agreement (collectively referred to herein as "Records").
The Records will be subject to inspection by the City at all reasonable times, and will be retained
by the Grantee for a period of six (6) years following the termination of this Agreement. If any
litigation, claim or audit is started before the expiration of the six (6) year period, the Records will
be retained until all litigation, claims or audit findings involving the materials have been resolved.
Packet Pg. 200
10.1.b
Housing Hope Grant Agreement 2023
Page 3 of 6
5. Reporting. The Grantee will provide regular written financial and performance
reports to the City as requested, but no less often than quarterly, to include, at a minimum,
information on the amount of Funds expended and a detailed accounting of the uses of the Funds.
Such reports will be in compliance with the requirements of the Capital Agreement.
6. Term and Termination of Agreement. This Grant Agreement will be in effect
as of the effective date listed below through December 31, 2024. The City may earlier terminate
this Grant Agreement, and require repayment of either a portion or the entirety of the Funds if it
determines that the Grantee has defaulted on any of its obligations under this Grant Agreement,
after giving the Grantee a reasonable opportunity, not to exceed thirty (30) calendar days, to cure
such default.
7. Amendments. This Grant Agreement may be amended by mutual agreement of
the Parties. Such amendments shall not be binding unless they are in writing and signed by an
authorized representative of each party.
8. Compliance with Laws. The Parties will comply with all applicable laws,
ordinances, codes, regulations, and policies of local, state and federal governments, as they now
exist or are hereafter amended, including those relating to the recipients or subrecipients of federal
awards. Federal award laws include, but are not limited to, the applicable provisions of the
Assurances of Compliance with Civil Rights Requirements set forth in Attachment A (attached
hereto and incorporated herein by this reference). The Grantee will comply with the requirements
of Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance
from excluding from a program or activity, denying benefits of, or otherwise discriminating against
a person on the basis of race, color or national origin (42 U.S.C. Sec. 2000d et seq.), as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are
herein incorporated by reference and made a part of this Agreement. Title VI also includes
protections to persons with "Limited English Proficiency" in any program or activity receiving
federal financial assistance, 42 U.S.C. Sec. 2000d et seq., as implemented by the Department of
the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and
made a part of this Grant Agreement.
9. Non -waiver. Waiver by the City of any default or breach of any provision of this
Grant Agreement or any time limitation provided for in this Grant Agreement shall not constitute
a waiver of any other provision or any subsequent default or breach. Any waiver shall not be
construed to be a modification of the terms of this Grant Agreement unless stated to be such in
writing and signed by an authorized representative of each party.
10. Non -assignable. Neither this Grant Agreement nor any claim arising under this
Grant Agreement shall be transferred or assigned without the prior express written consent of the
City.
11. Severability. The provisions of this Grant Agreement are intended to be severable.
If any term or provision hereof is held to be void, illegal, unenforceable, or invalid for any reason
whatsoever, such illegality or invalidity will not affect the validity of the remaining provisions.
Packet Pg. 201
10.1.b
Housing Hope Grant Agreement 2023
Page 4 of 6
12. Survival. The terms, conditions and warranties contained in this Grant Agreement
that by their sense and context are intended to survive the completion of the performance,
cancellation or termination of this Grant Agreement will so survive.
13. Governing Law and Venue. This Grant Agreement will be construed and
interpreted in accordance with the laws of the state of Washington and any applicable federal laws,
and the venue of any action brought hereunder shall be in the Superior Court for Snohomish
County.
14. Indemnification. Each party will be solely responsible for the acts of its
employees, officers, and agents.
15. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
Attn: Mayor Mike Nelson
121 5th Avenue N
Edmonds, WA 98020
Notices to the Grantee shall be sent to the following address (which must be identical to
the address that appears on the business's W-9 form):
Housing Hope
Attn: Chief Executive Officer
3331 Broadway Avenue
Everett, WA 98201
With a copy to:
ELCFA LLC
c/o Housing Hope
Attn: Chief Executive Officer
3331 Broadway Avenue
Everett, WA 98201
And with a copy to:
NEF Assignment Corporation
10 South Riverside Plaza
Suite 1700
Chicago, IL 60606
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice
in the U.S. mails, with proper postage and properly addressed.
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10.1.b
Housing Hope Grant Agreement 2023
Page 5 of 6
16. Entire Written Agreement. This document and the attachments hereto represent
the entire agreement, written or oral, between the Parties. No representation or other oral
agreement by either party shall survive the execution of this Grant Agreement. This Grant
Agreement shall be amended only upon the express written agreement of both Parties.
17. Effective Date. The effective date of this Grant Agreement shall be the date set
forth below.
DATED this day of
CITY OF EDMONDS
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
2023.
HOUSING HOPE,
a Washington public benefit nonprofit corporation
Donna Moulton, Chief Executive Officer
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10.1.b
Housing Hope Grant Agreement 2023
Page 6 of 6
HOUSING HOPE NOTARY BLOCK
STATE OF WASHINGTON )
)ss
COUNTY OF )
I certify that I know or have satisfactory evidence that Donna Moulton is the person who appeared
before me and said person acknowledged that said person signed this instrument, on oath stated
that said person was authorized to execute the instrument and acknowledged it as the Chief
Executive Officer of Housing Hope, a Washington public benefit nonprofit corporation, to be the
free and voluntary act such party for the uses and purposes mentioned in the instrument.
DATED:
Print Name:
Residing at:
My appointment expires:
Packet Pg. 204
ATTACHMENT A
10.1.b
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit.http://www.lep.pov
Packet Pg. 205
10.1.b
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on -site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
Packet Pg. 206
10.1.b
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
Recipient
Signatur of Authorized Official
Ho,8®r
PAPERWORK REDUCTION ACT NOTICE
Date
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
Packet Pg. 207
HOUSING HOPE
Jeff Chandler,
Senior Housing Developer,
jeffchandler@housinghope
Not more than every 30 days,
provide:
Invoice of eligible expenses
• Project status report
F Documentation of costs
• Certification of the Payment and
M Reporting of Prevailing Wages
• Reportable expense form a
At project closeout: IN
• Submit final project report on
form to be provided by
Commerce
PLANNING &
DEVELOPMENT
DEPARTMENT
Review:
David Levitan (or assignee),
Planning Manager
Inspections:
Jeff Whatmore, Engineering
Reviews the documentation
provided by Housing Hope.
Verifies work was completed by
checking inspections in TRAKiT
and/or communication with
Engineering/Public Works staff.
Complete form A-19.
Submit completed A-19 form
and documentation provided by
Housing Hope to Secure Access
,Washington Site.
DEPARTMENT OF
COMMERCE
Eric Guida,
Senior Planner,
eric.guida@commerce.wa.gov
• Reviews documentation
provided for compliance.
• Issues approval or denial withi
30 days.
• If approved, disbursement of
10 funds is issued to the City within
one week.
ADMINISTRATIVE
SERVICES
DEPARTMENT
Nori Jacobson (or another assignee
per Dave Turley),
,Accounting Specialist
• Create an accounting procedure
to receive and deposit grant
funds from Commerce.
Commerce can provide funds in
either electronic or check form.
• Issue payment to Housing Hope
from the funds received from
Commerce.
10.2
City Council Agenda Item
Meeting Date: 06/6/2023
Adopt ordinance to add compost procurement requirement in compliance with RCW 43.19A.150
Staff Lead: Oscar Anti Ilon
Department: Public Works & Utilities
Preparer: Royce Napolitino
Background/History
Washington State Legislature enacted House Bill 1799 requiring Cities and Counties with populations
greater than 25,000, and with existing organics collection services, to adopt a compost procurement
ordinance.
Staff Recommendation
Adopt Ordinance to amend City of Edmonds Code 7.80 adding a compost procurement requirement.
Narrative
House Bill 1799, codified in RCW 43.19A.150, requires cities to adopt a compost procurement ordinance.
The proposed ordinance will provided the procurement policy requirement to implement RCW
43.19A.120. The ordinance amends Chapter 7.80 of the ECC, "Solid Waste Recycling' and includes new
sections for Compost Procurement. The amended and included sections detail how compost products
will be prioritized in planning, purchased from local and certified sources, and reported annually by
Public Works to the Department of Ecology.
Attachments:
Compost Procurement Ordinance —Amend ECC 7.80
Packet Pg. 209
10.2.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE 7.80
TO ADD A COMPOST PROCUREMENT REQUIREMENT IN
COMPLIANCE WITH RCW 43.19A.150; PROVIDING FOR
SEVERABILITY; AND SETTING THE EFFECTIVE DATE.
WHEREAS, the Washington State Legislature enacted House Bill 1799, now codified in
RCW 43.19.150, which requires that cities and counties with populations greater than 25,000,
and with existing organics collection services, shall adopt a compost procurement ordinance to
implement RCW 43.19A.120; and
WHEREAS, the City Council of the City of Edmonds has determined to adopt this
ordinance in order to conform to the requirements of RCW 43.19A.150;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. (Chapter 7.80 of the ECC� entitled "Solid Waste Recycling is hereby amended commented [Al]: This is one idea of where the comp(
procurement section can go. Other cities put it in a "Purck
to include the following new section: chapter, but Edmonds does not appear to have one. It coup
under the public works title 18. It is up to you where you'd
7.80.130 Compost Procurement
A. Definitions. For the purposes of this section, the definitions set forth in RCW 43.19A.010
shall apply, unless the context clearly requires otherwise.
B. When planning city -funded projects or soliciting and reviewing bids for such projects, city
departments shall consider whether compost products can be utilized in a city project. If compost
products can be utilized, city departments shall require purchase of compost products for use in
city projects, except as follows. The city is not required to use compost products i£
1. Compost products are not available within a reasonable time or distance from the
proj ect;
Packet Pg. 210
10.2.a
2. Compost products that are available do not comply with existing purchasing standards;
3. Compost products that are available do not comply with federal, state or local health,
quality and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
C. City departments shall plan for the use of compost in any of the following categories that are
applicable to their operations and project types:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth,
or improve the stability and longevity of roadways; and
4. Low -impact development and green infrastructure to filter pollutants or to keep water
on -site, or both.
D. City departments shall give priority to purchasing compost products from companies that:
1. Produce compost products locally;
0
O0
ti
2. Are certified by nationally recognized organization like the US Composting Council;
U
and
W
3. Produce compost products that are derived from municipal solid waste compost
programs and meet quality standards comparable to standards adopted by the department of
Q
transportation or adopted by rule by the department of ecology.
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E. City departments that use compost products shall report the following information to the
public works department by each December 15:
,,; -
commented [A2]: These subsections, about having thF
O
works department be the department that handles the repor
C an
1. The volume and cost of compost purchased by the city department in that year; and
option that isn't statutorily required. But several cities (Me
Island, Federal Way, SeaTac) do it this for the
a)
E
2. The source or sources of the compost purchased by the city department in that year.
way sake of
efficiency and accountability. It's up to you if you'd like th
assigned to a different department, or if you'd like to ream
M
subsection E and just make subsection F more general "Th
V
shall submit a report...".
O
L
F. The public works department is responsible for compiling and submitting a report to the
a
Washington State Department of Ecology by December 31, 2024, and each December 31 of
rn
O
G.
even -numbered years thereafter, with the following information:
E
O
1. The total tons of organic material diverted throughout the year;
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Packet Pg. 211
10.2.a
2. The volume and cost of compost purchased throughout the year; and
3. The source or sources of the compost.
G. The public works department shall develop strategies to inform residents about the value of
compost and how compost is used in city operations.
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 shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MICHAEL NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 212
10.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2023, 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 EDMONDS CITY CODE
7.80 TO ADD A COMPOST PROCUREMENT
REQUIREMENT IN COMPLIANCE WITH RCW
43.19A.150; PROVIDING FOR SEVERABILITY; AND
SETTING THE EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of 12023.
CITY CLERK, SCOTT PASSEY
Packet Pg. 213
10.3
City Council Agenda Item
Meeting Date: 06/6/2023
2024-2029 Six -Year Transportation Improvement Program
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On May 9, 2023, staff presented this item to the Parks and Public Works Committee.
On May 16, 2023, staff presented this to City Council and held a Public Hearing.
Staff Recommendation
Approve the 2024-2029 Six -Year Transportation Improvement Program.
Narrative
The Six -Year Transportation Improvement Program (TIP) is a transportation planning document that
identifies funded, partially funded, and unfunded projects that are planned or needed over the next six
calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues
for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to
keep it financially constrained the first 3 years (2024-2026), but not the last 3 years (2027-2029). RCW
35.77.010 requires each city to update and adopt their TIP prior to July 1st. A copy of the adopted TIP
will be submitted to Puget Sound Regional Council, Washington State Department of Transportation,
and adjacent jurisdictions after City Council approval.
Some of the projects in the TIP are shown as funded through secured or unsecured Federal/State grants,
as well as from the local funds. Due to a shortfall in transportation funding, a number of unsecured State
and Federal transportation grants have been programmed to fund projects beginning in 2027. Most
transportation grants are competitive, and the success of how many grants are secured in the future will
depend on other transportation needs and funding requests in the region. Projects not identified in this
document may not be eligible for Federal/State funding.
A Public Hearing and staff presentation was held during the May 161" City Council meeting. The following
items have been revised in the TIP:
Green Streets - 2361" St. SW Walkway (Project #33)
o More detailed project description
o Modified the funding source in 2024 for the Design Phase from Secured Federal
Grant to Unsecured Federal Grant
Transportation Plan Update (Project #49)
Revised the 2024 amount since it is the updated amount needed to complete the document
(based on approval of Professional Services Agreement with Transpo Group on May 16tn
2023).
Packet Pg. 214
10.3
Attachments:
Attachment 1 - TIP
Attachment 2 - Resolution
Packet Pg. 215
City of Edmonds 10.3.a
Six Year Transportation Improvement Program (2024-2029)
Project Name Purpose Grant Opportunity Project (2024-2029) Source(s) 2024 2025 2026 2027 2028 2029
Phase(s) Total Cost
New Projects (not in 2023-2028 TIP)
Secured grant funding (shown in last year's TIP)
Recently secured Grant
Preservation/Maintenance Proiects:
1. Annual Street Preservation
Program
Grind pavement, overlay, chip seal,
and slurry seal
Possible Grant
&
Local Funds
Engineering
&
Construction
$750,000
(Federal, unsecured)
(Fund 125, Fund 126)
(Local, unidentified)
$2,020,000
$2,600,000
$1,500,000
$100,000
$1,500,000
$1,300,000
$650,000
$1,500,000
$1,300,000
$1,500,000
$1,300,000
$10,620,000
$3,900,000
2. Main St. Overlay from
6th Ave. to 8th Ave.
Grind pavement, 2" overlay, and curb ramp upgrades
Secured Grant
&
Local Funds
Construction
$624,800
(Federal, secured)
(State)
(Local, General Fund)
$624,800
$155,200
$0
$155,200
3. Olympic View Dr. Overlay from
196th St. SW to Talbot Rd
Grind pavement, overlay
curb ramps uprades, and vaned grates catch basin grate upgrades
Secured Grant
&
Local Funds
Engineering
&
Construction
$700,000
(Federal, secured)
(State)
(Local, General Fund)
$200,000
$700,000
$600,000
$0
$800,000
4. Citywide Signal
Improvements
Upgrade traffic signal cabinets and
improve technology
Local Funds
Engineering
&
Construction
$0
(Federal)
(State)
(Local, unidentified)
$30,000
$30,000
$30,000
1 $70,000
$70,000
$70,000
$0
$300,000
5. Puget Dr. @ OVD Signal Upgrades
Upgrade traffic signal
Possible grant
&
Local Funds
Engineering
&
Construction
$293,000
(Federal, unsecured)
(State)
(Local)
$45,000
$45,000
$248,000
$248,000
$0
$293,000
6. 100th Ave. W @ 238th St. SW
Signal Upgrades
Rebuild traffic signal system
with new signal mast arms and
new vehicle detection
Possible Grant
Engineering
&
Construction
$0
(Federal)
(State, unsecured)
(Local)
$165,000
$773,000
$938,000
$0
7. Main St. @ 3rd Signal Upgrades
Upgrade traffic signal
Possible grant
&
Local Funds
Engineering
&
Construction
$355,000
(Federal, unsecured)
(State)
(Local)
$55,000
$55,000
$300,000
$83,000
$0
$138,000
TOTAL
$2,830,000
$2,830,000
$2,830,000
$3,225,000
$4,899,000
$3,253,000
Safety I Capacity Projects:
8. SR-99 Revitalization & Gateway Project
Stage 2 (out of total of 9 Stages along Hwy 99)
Install raised median along the entire corridor in order
to improve corridor safety (restrict left turns to / from two-way left turn
onto private driveways), a HAWK signal, and Gateway Features
Secured Grant
Construction
$0
(Federal)
(State, secured)
(Local)
$50,000
$50,000
$0
9. SR-99 Revitalization Project (from 244th St. SW to 238th St. SW)
Stage 3 (out of total of 9 Stages along Hwy 99)
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 238th St SW (additional
northbound left turn lane).
Secured Grant,
Possible Grant,
&
Local Funds
Design, ROW,
and
Construction
$0
(Federal)
(Federal, unsecured)
(State, secured)
(State, unsecured)
(Local)
$2,600,000
$1,400,000
$100,000
$13,000,000
$3,130,000
$10,621,000
$3,130,000
$27,721,000
$0
$0
10. SR-99 Revitalization Project from 224th St. SW to 220th St. SW
Stage 4 (out of total of 9 Stages of Hwy 99)
Installation of planter strip, lighting upgrades, utility upgrades, and
capacity improvements at Hwy 99 @ 220th St SW (additional
nothbound / southbound / westbound left turn lane)
Secured Grant,
Possible Grant,
&
Local Funds
Design, ROW,
and
Construction
$3,777,400
(Federal, secured)
Federal, unsecured
(State, secured)
(Local, Fund 421)
(Local Fund 423)
(Local, unidentified)
(Local , Fund 125 / Fund 126)
(Local, Traffic Impact Fees)
$1,284,000
$1,087,000
$40,000
$20,000
$269,000
$1,523,400
$143,600
$40,000
$20,000
$704,000
$1,917,000
$970,000
$753,000
$539,000
$13,500,000
$13,000,000
$13,500,000
$1,230,600
$80,000
$40,000
$13,000,000
$1,457,000
$2,725,000
11. SR-99 Revitalization Project from 216h St. SW to 212th St. SW
Stage 5 (out of total of 9 Stages along Hwy 99)
Installation of planter strip, lighting upgradesm utility upgrades, and
capacity imprpvements at Hwy 99 @ 212th St SW (add left turn lane for northbound and
southbound movements / bike lane for eastbound & westbound movements).
Possible Grant
&
Local Funds
Design, ROW,
and
Construction
$3,950,000
(Federa, unsecured)
(State)
(Local)
$1,500,000
$1,500,000
$1,000,000
$1,000,000
$1,450,000
$1,450,000
$0
$3,950,000
12. 76th Ave. W @ 220th St. SW Intersection
Improvements
Re -design intersection to reduce intersection delay and
improve level of service (LOS). Various utility
improvements are also included in the project.
Secured Grant,
Possible Grant, &
Local Funds
Design,
ROW, &
Construction
$5,338,500
(Federal, unsecured)
(Federal, secured)
(Local, Fund 421)
(Local, Fund 422)
(Local, Fund 126)
(Local, traffic impact fees)
$346,000
$30,000
$424,000
$274,750
$7,000
$181,000
$5,338,500
$500,000
$482,500
$350,000
$620,750
$537,000
$0
$482,500
$955,000
13. 228th St. SW Corridor improvements from
Hwy. 99 to 95th PI. W
Widen roadway to add two-way left turn lane along stretch or
left turn lanes at specific intersections.
Install sidewalk and bike lanes.
Possible grant
Engineering,
ROW, &
Construction
$0
(Federal)
(State, unsecured)
(Local)
$2,947,000
$6,550,800
$6,550,800
$16,048,600
$0
14. SR 524 (196th St. SW) @
88th Ave W. Intersection
Improvements
Design intersection improvements and addition of guardrail on
the west side of intersection due to 12' vertical drop (grade.
adjustment to improve sight distance to be considered).
Possible Grant
&
Local Funds
Engineering
$0
(Federal)
(State, unsecured)
(Local, traffic impact fees)
$165,000
$98,000
$165,000
$98,000
ROW acquisition
ROW
$0
(Federal)
(State, unsecured)
(Local)
$119,000
$119,000
$119,000
$119,000
Complete intersection improvements
Construction
$788,000
(Federal, unsecured)
(State)
(Local)
$788,000
$0
$0
15. Main St. @ 9th Ave.
Installation of traffic signal or mini -roundabout.
Possible grant
&
Local Funds
Engineering
&
Construction
$644,000
(Federal, unsecured)
(State)
(Local, Traffic Impact Fees)
$98,000
$98,000
$546,000
$546,000
$0
$644,000
16. SR-104 ITS Adaptive System
Install ITS Adaptive System along SR-104 from
236th St. SW to 226th St. SW
Secured Grants,
Possible Grants,
&
Local Funds
Engineering,
ROW, &
Construction
$118,000
(Federal, secured)
(Federal, unsecured)
(State)
(Local)
$118,000
$19,000
$1,751,000
$273,000
$1,751,000
$0
$310,000
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Page 1 Packet Pg. 216
City of Edmonds
Six Year Transportation Improvement Proaram (2024-2029)
10.3.a
Project Name
Purpose
Grant Opportunity
Project
Phase(s)
(2024-2029)
Total Cost
Source(s)
2024
2025
2026
2027
2028
2029
17. SR-104 @ 226th St. SW/ 15th St. SW
Intersection Improvements
Extend SR-104 Westbound left turn lane and complete
bicycle improvements with traffic signal
improvements.
Possible Grants
&
Local Funds
Engineering,
&
Construction
$237,600
(Federal, unsecured)
(State)
(Local)
$21,600
$21,600
$216,000
$0
$21,600
18 Westgate / SR-104 @ 100th Ave. W
Intersection Access Management
Provide safety improvements within proximity to the intersection by providing better access
management on all approaches
Possible Grants
&
Local Funds
Engineering,
&
Construction
$628,000
(Federal, unsecured)
(State)
(Local)
$628,000
$144,000
$0
$144,000
19 SR-104 @ 95th Pl. W
Intersection Improvements
Provide C-Curb with left turn channelization
for access management.
Possible Grants
&
Local Funds
Engineering,
&
Construction
$228,000
(Federal, unsecured)
(State)
(Local)
$36,000
$6,000
$192,000
$36,000
$0
$42,000
20. SR-104 @ 238th St. SW
Intersection Improvements
Install traffic signal and other
intersection improvements.
Possible Grants
&
Local Funds
Engineering,
ROW, &
Construction
$1,267,000
(Federal, unsecured)
(State)
(Local)
$191,000
$30,000
$1,076,000
$170,000
$0
$200,000
TOTAL
$6,287,000
$6,210,750
$2,362,000
$29,136,000
$25,149,000
$36,954,800
Pedestrian Proiects:
21. Walnut St. Walkway from 6th Ave. S to 7th Ave. S
Install sidewalk on south side of Walnut St. from
6th Ave. S to 7th Ave. S
Possible Grant
Engineering,
&
Construction
$0
(Federal)
(State, unsecured)
(Local)
$290,000
$290,000
$0
22. Maplewood Walkway from Main St. to
200th St. SW
Install sidewalk on Maplewood St. from Main St. to 200th St. SW,
creating connection to Maplewood Elementary and Yost Park.
Possible Grant
Engineering
&
Construction
$2,951,000
(Federal, unsecured)
(State)
(Local)
$220,000
$220,000
$2,511,000
$0
$0
23. Elm Way Walkway from 8th Ave. S
to 9th Ave. S
Install sidewalk on Elm Way from 8th Ave. S to 9th Ave. S, creating
connections to Westgate and Sherwood Elementary Schools.
Local funds
Only
Construction
$0
(Federal)
(State)
(Local, Fund 112)
(Local, Fund 422)
$12,200
$7,800
$0
$12,200
$7,800
24. 80th Ave. W Walkway from
212th St. SW to 206th St. SW
Install sidewalk on 80th Ave. W from 212th St. SW to 206th St. SW,
creating connections to Chase Lake and College Place
Elementary Schools.
Possible Grant
Engineering
&
Construction
$1,582,000
(Federal, unsecured)
(State)
(Local)
$110,000
$120,000
$1,352,000
$0
$0
25. 80th Ave. W Walkway from
188th St. SW to Olympic View Dr.
Install sidewalk on Both Ave. W from 188th St. SW to Olympic view Dr.
creating connections to Seaview
Elementary School.
Possible Grant
&
Local Funds
Engineering
&
Construction
$1,645,000
(Federal, unsecured)
(State)
(Local, Fund 422)
$345,000
$137,000
$1,300,000
$551,000
$0
$688,000
26. 95th PI. SW Walkway from
224th St. SW to 220th St. SW
Install sidewalk on 95th PI. W from
224th St. SW to 220th St. SW
to improve pedestrian safety.
Possible Grant
&
Local Funds
Engineering
&
Construction
$0
(Federal)
(State, unsecured)
(Local)
$109,000
$22,000
$365,000
$366,000
$474,000
$388,000
27. 232nd St. SW Walkway from 100th Ave. W to
SR-104
Install sidewalk on one side of 232nd St. SW
Possible Grant
&
Local Funds
Engineering
&
Construction
$928,000
(Federal, unsecured)
(State)
(Local)
$142,000
$142,000
$786,000
$786,000
$0
$928,000
28. 236th St. SW Walkway from SR-104 to
97th Pl. W
Provide sidewalk on one side of 236th St. SW
Possible Grant
&
Local Funds
Engineering
&
Construction
$994,000
(Federal, unsecured)
(State)
(Local)
$148,000
$148,000
$846,000
$846,000
$0
$994,000
29 84th Ave. W Walkway from 238th St. SW to
234th St. SW
Provide sidewalk on one side of 84th Ave. W
Secured Grant,
Possible Grant, and
Local Funds
Construction
$0
(Federal)
(State, unsecured)
(Local , Fund 125 / Fund 126)
$750,000
$250,000
$750,000
$250,000
30. 2nd Ave. S Walkway from James St. to Main St.
Provide sidewalk along short missing link.
Local Funds Only
Engineering
&
Construction
$0
(Federal)
(State)
(Local)
$44,000
$0
$44,000
31. 218th St. SW Walkway
from 76th Ave. W to 84th Ave. W
Install sidewalk along missing link
Possible Grant
&
Local Funds
Engineering
&
Construction
$869,000
(Federal, unsecured)
(State)
(Local)
1
$132,000
$132,000
$737,000
$737,000
$0
$869,000
32. 216th St. SW Walkway from Hwy. 99
to 72nd Ave. W
Install 300' sidewalk on the north side of 216th St. SW
from Hwy. 99 to 72nd Ave. W
Possible Grant
&
Local Funds
Engineering
&
Construction
$165,000
(Federal, unsecured)
(State)
(Local)
$165,000
$55,000
$0
$55,000
33. Green Streets - 236th St. SW Walkway from 84th Ave. W to Hwy 99
Instal sidewalks on both sides of the street, increased vegetation, Low Impact Design (LID) approaches
for water quality and infiltration with permeable pavements and bioretention cells, detention system for flow
control, pedestrian curb ramps, lighting and a raised mid -block pedestrian crossing.
Secured Grant
&
Local Funds
Engineering
&
Construction
$0
(Federal , unsecured)
(State, unsecured)
(Local)
$298,000
$1,087,000
$2,413,000
$0
$0
34. 4th Ave. Corridor Enhancements
Walkway
Create corridor improvements to encourage pedestrian
activity along 4th Ave. N from Main St. to
3rd Ave. N (from Downtown retail to Edmonds Center for the Arts)
Possible Grant
&
Local Funds
Engineering
&
Construction
$8,000,000
(Federal, unsecured)
(State)
(Local)
$1,000,000
$1,000,000
$6,000,000
$0
$0
35. ADA Curb Ramps Improvements
Construct Citywide ADA compliant curb ramps where
facilities don't exist nor meet current standards / PW concrete crews upgrade
curb ramp upgrades on annual program / also included as part of Capital Projects
Possible Grant
&
Local Funds
Engineering
&
Construction
$0
(Federal)
(State, unsecured)
(Local, General Fund)
$515,000
$515,000
$515,000
$1,545,000
$0
36. SR-104 @ 76th Ave. W Non -motorized
Transportation Improvements
Install ADA curb ramps, extend bike lanes,and complete signal
modifications in order to improve non -motorized
transportation safety or alternative feasibility study (west SR-104 @ 76th Ave. signal /owned by Shoreline.
Possible Grant
&
Local Funds
Engineering,
ROW, and
Construction
$0
(Federal)
(State, unsecured)
(Local)
$261,000
$1,310,000
$1,571,000
$0
37 Pedestrian Safety Program
Complete pedestrian safety improvements at pedestrian crossings
such as RRFB's, Flashing LED's at stop signs, and signage.
Local funds
Engineering
&
Construction
$0
(Federal)
(State)
(Local, unidentified)
$20,000
$20,000
$20,000
$20,000
$20,000
$20,000
$0
$120,000
38. Downtown Lighting Improvements
Install additional street lights on both sides of
Dayton St. (cobra heads combined with pedestrian lights) and other
locations within proximity to Edmonds Transit Station.
Possible Grant
Engineering
&
I Construction
$0
(Federal)
(Sound Transit, unsecured)
(Local)
$328,000
$1,310,000
$1,500,000
F
39. Citywide Lighting
Improvements
Following completion of Citywide Lighting Study identifying priority locations with gaps, install
street light poles at top ranked locations throughout the City.
Local Funds
Engineering
&
Construction
$0
(Federal)
(State)
(Local)
$25,000
$25,000
$25,000
$0
�_$75,000
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Page 2 Packet Pg. 217
City of Edmonds
Six Year Transnortation Imnrovement Proaram (2024-20291
Project Name
Purpose
Grant Opportunity
Project
Phase(s)
(2024-2029)
Total Cost
Source(s)
2024
2025
2026
2027
2028
2029
40. SR-104 /Pine St Walkway: SR-104 from mid -block crossing
- 400'north of Pine St. to Pine St. and Pine St from
SR-104 to 9th Ave. S
Complete sidewalk missing links to improve pedestrian safety
and connectivity to Edmonds Transit Station.
Passible Grant
Engineering
&
Construction
$0
(Federal)
(Sound Transit, unsecured)
(Local)
$273,000
$273,000
$2,730,000
$3,276,000
$0
41. Citywide Bicycle Improvements
Install bike lanes along 100th Ave.W / 9th Ave. W from 244th St. SW
to Walnut St., Bowdoin Way from 9th Ave. W to
84th Ave. W, and 228th St. SW from 78th Ave. W to 80th Ave. W.
Secured Grant
and
Local Funds
Construction
$0
(Federal)
(Sound Transit, secured)
(Local)
$50,000
$50,000
$0
42. SR-104 @ 100th Ave. W Bicycle Improvements
Extension of bike lanes for the southbound movement on north and south
side of intersection along 100th Ave. W (bike lanes to be extended from what
proposed as part of Citywide Bicycle Improvements project
Possible Grant
Engineering,
ROW, and
Construction
$1,597,000
(Federal, unsecured)
(State)
(Local)
$206,000
$258,000
$1,133,000
$0
$0
TOTAL
$1,388,000
$3,520,000
$20,000
$4,215,000
$9,615,000
$16,199,000
Traffic Calming / Non -motorized Transportation Safety Projects:
43. Traffic Calming Program /
Non -Motorized Transportation
Safety
Traffic circles, speed cushions,
radar feedback signs, bulb -outs, etc.
Local Funds only
Engineering
&
Construction
$0
(Federal)
(State)
(Local, Fund 125 & Fund 126)
$18,000
$18,000
$18,000
$18,000
$18,000
$18,000
$0
$108,000
TOTAL
$18,000
$18,000
$18,000
$18,000
$18,000
$18,000
Ferry / Waterfront Projects
44 Ferry Storage Improvements from
Dayton St. to Pine St.
Provide additional ferry storage area closer to the Ferry Terminal
(through striping revisions I C-Curb addition)
Possible Grant
Engineering
&
Construction
$380,000
(Federal, unsecured)
(State)
(Local)
$380,000
$0
$0
45. Waterfront Emergency Response Study
Complete study to determine best solutions to address
Waterfront Emergency Response
Possible Grant
Study
$0
(Federal)
(State)
(Local, Unidentified)
$50,000
$0
$50,000
TOTAL
$50,000
$0
$0
$380,000
$0
1 $0
Traffic Planning Projects:
46.0itywide
ADA Transition Plan
Complete a compliance evaluation of all existing ADA
curb ramps, as well as long range plan on how to address
all those defficiencies.
Local Funds Only
Engineering
&
Planning
$0
(Federal)
(State)
(Local, General Funds)
$150,000
$0
$150,000
47. Pavement Rating
Study
Analyse the pavement condition of all arterial, collector,
and local streets to determine the stretches to be repaved
as part of future annual overlays.
Local Funds Only
Planning
$0
(Federal)
(State)
(Local I General Funds)
$45,000
$45,000
$45,000
$0
$45,000
48. Safety Plan Update
Update the City's Safety Plan, identifying all high accident locations throughout the City and
establishment of priority project ranking based on set of criterias.
Local Funds Only
Planning
$200,000
(Federal, unsecured
(State)
(Local)
$200,000
$50,000
$200,000
$50,000
$0
$50,000
49. Transportation Plan Update
Update Transportation Plan (current Plan was completed in 2015)
Local Funds Only
Engineering
&
Planning
$0
(Federal)
(State)
(Local)
$255,000
$0
$255,000
TOTAL
$700,000
$0
$45,000
$250,000
$45,000
$0
�
C
Total $162,501,550
$11,273,000
$12,578,750
$5,275,000
$37,224,000
$39,726,000
$56,424,800
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.N
Total Federal
$2,870,800
$2,885,150
$970,000
$12,461,500
$10,936,600
$28,773,000
d
Total Federal (Secured)
$2,372,800
$2,885,150
$970,000
$0
$0
$0
X
Total Federal (Unsecured)
$498,000
$0
$0
$12,461,500
$10,936,600
$28,773,000
d
P
Total State
$4,487,000
$3,956,600
$265,000
$18,060,000
$19,480,800
$7,065,800
'
Total State (Secured)
$3,737,000
$1,543,600
$100,000
$13,000,000
$10,621,000
$0
Total State (Unsecured)
$750,000
$2,413,000
$165,000
$5,060,000
$8,859,800
$7,065,800
CD
Sound Transit (secured I unsecured)
$50,000
$0
$0
$601,000
$1,583,000
$2,730,000
t
v
R
Total Local Fund
$3,865,200
$5,737,000
$3,505,000
$6,915,500
$7,210,600
$18,989,000
Q
Total Local (Fund 112)
$336,200
$0
$0
$2,342,000
$3,160,600
$3,081,000
Total Local (Fund 125 / Fund 126)
$2,288,000
$3,322,000
$2,271,000
$2,000,500
$1,518,000
$1,518,000
Toal Local (Fund 421)
$70,000
$47,000
$0
$500,000
$0
$0
a)
Total Local (Fund 422)
$7,800
$0
$0
$137,000
$551,000
$0
t
Total Local (Fund 423)
$20,000
$20,000
$0
$0
$0
$0
V
Total Local (Traffic Impact Fees)
$693,000
$2,098,000
$539,000
$546,000
$546,000
$0
Total Local (General Fund)
$350,200
$200,000
$645,000
$0
$45,000
$0
Q
Total Local (unidentified) $100,000 $50,000 $50,000 $1,390,000 $1,390,000 $14,390,000
Page 3 Packet Pg. 218
10.3.b
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, APPROVING THE 2024-2029
TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND
DIRECTING FILING OF THE ADOPTED PROGRAM WITH
THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION.
WHEREAS, RCW 35.77.010 and 36.81.121 require that each city and town is
required to adopt a Transportation Improvement Program (TIP) and file a copy of such adopted
program with the Washington State Department of Transportation (WSDOT); and
WHEREAS, the TIP identifies all planned projects over the next 6 years, along
with the appropriate funding source; now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Transportation Improvement Program is hereby adopted pursuant
to the requirements of RCW 35.77.010 and 36.81.121 to be effective on June 7, 2023 and to
continue in full force and effect until amended. A copy of such Transportation Improvement
Program for the years 2024 to 2029 is attached hereto as Exhibit A and incorporated by this
reference as fully as if herein set forth.
Section 2. The City Clerk is hereby requested and directed to file a certified copy
of the Transportation Improvement Program with the Washington State Department of
Transportation.
-1-
Packet Pg. 219
10.3.b
RESOLVED this day of 12023.
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
APPROVED:
MAYOR, MIKE NELSON
-2-
Packet Pg. 220
10.4
City Council Agenda Item
Meeting Date: 06/6/2023
ERP Implementation Update
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Dave Turley
Background/History
The City currently uses Eden, a product from Tyler Technologies, as their financial accounting system.
The City has used Eden for over 20 years, an extremely long time when it comes to financial systems.
Tyler Technologies will be "sunsetting" the Eden system in 2027. We have begun the process to replace
the Eden system and will be providing periodic updates.
Staff Recommendation
Presentation only at this time.
Narrative
Replacing the Eden system will be a process that takes a significant amount of time, labor, and money.
We will provide a project update tonight.
Attachments:
ERP_Status_Update June 6
Packet Pg. 221
Edmonds Council
ERP Status Update
Introduction:
Enterprise Resource Planning (ERP) is a software system that helps you run your entire business, supporting ai
and processes in finance, human resources, manufacturing, supply chain, services, procurement, and more.
Edmonds uses "Eden", a product from Tyler Technologies. Edmonds has been using the Eden at least 20 years
in use include:
• Accounting (GL/AR/AP)
• Budgeting
• Fixed Assets
• HR
• Payroll
• Business Licensing
• Parcel Manager
• Utility Billing
• Payment Processing (cashiering)
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History:
10/7/2021—Account system summary of WA municipalities sent to project team. (ACCIS analysis
12/14/2021— Finance Committee: High level notification need to replace Eden.
1/11/2022- Finance Committee: project review, ERP vs OpenGov Budget
1/25/2022 — Council Meeting: recap of previous Finance Committee meetings.
Requested authority to purchase OpenGov.
2/1/2022 — Council Meeting: Approval to move forward with OpenGov
5/10/2022 — Finance Committee: review basic construct of ERP system
6/30/2022 — Edmonds Project team defined.
As of this date, staff reviewed:
• Tyler Munis
• OpenGov
Project stalled due to staffing Packet Pg. 224
ADMINISTRATIVE SER
History:
Edmonds is a member of ACCIS — Association of County and City Informath
in Washington State
• ACCIS makes available group polling information.
• 57 members reported accounting systems in use
• 57 responding organizations represent 16 different companies
• Reporting entities include both Counties and Cities
• Based on 2021 data
a�
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Financial system Vendor
Install Count
c
Tyler Technologiers Product
25
Spingbrook
1.1
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SunGard nov, OpenGov
3
Q.
JDE Enterprise One
2
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CentralSquare
3
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2
GEMS
2
c
Caselle
1
3
d
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1
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1
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Vision MS
1
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Never World Logos
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Oracle e-Business suite
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SAP ECC 5.0 EH 8
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Q
History:
Tyler Technologiers Product Spingbrook
GEMS Caselle
New World Logos Oracle e-Business suite
ACCIS Members Accounting Systems
SunGard now OpenGov JDE Enterprise One CentralSq
Dynamics AX 2012-112 Bias Mitchell F
SAP ECC 6.0 EHP 8 IFAS
Packet Pg. 226
History: slide from 5/10/2022 Finance Committee presentation
L.10nly Open Gov (12W 15 Monft)
7 4211nly Munis (24to 2 months)
other ERP
• Budget Suite (5 months)
• ERp (x months)
Budget Suite
Noteworthy:
Of the 205 Tyler Technology Eden customers
• 85 have migrated to Munis (as of May 2023)
• 2 have selected other products: 97% retentic
• 118 remain on Eden
• Tyler Tech conversion team migrates 5 or 6 cu.
• Tyler Tech is working to build up the cony
• Upgrade project is scheduled schedule ai
• Implementation timeline is 26-30 months.
Packet Pg. 228
Plante Moran
Engagement letter from February 2022
Services:
assisting the City with the following tasks:
• Review existing documents received from software vendors
• Guide the City as it completes additional due diligence
• Suggest areas in which the City may wish to gather additional information prior to making a decision
• Assist in developing solution selection criteria to evaluate the shortlisted vendors
• Review and provide feedback on the finalist vendor's statement of work
• Assist the City in contract and SOW development and negotiations
• Provide implementation project management assistance
Costs: Hourly fee schedule of 170 hours at a rate of $265/ hour not to exceed $45,000
Plante Moran in essence is offering to be a limited hourly project manager for the selection process. Ar _—
Packet Pg. 229
Plante Moran
Re -engagement of Plante Moran (PM) Project Kickoff meeting April 2023
• 1st step is to review a formal needs assessment
• PM was told we have one.
• Edmonds does not have a formal needs assessment docume
• Cost to develop Needs Assessment: $74,100
• Cost to assist with the selection — build RFP, analyze responses $!
Packet Pg. 230
Cost update:
Received updated budget price from Tyler Technologies
• Based on existing modules and common "recommended modules"
• $192,000 annual maintenance on the web -based system
• $440,635 installation services over 36-month implementation period
• Reviewing "recommended modules" with Departments to determine if there are some we do not need. This is
part of our self directed needs analysis.
• Unnecessary modules will decrease both annual maintenance and implementations service costs
Packet Pg. 231
Next Steps
• Tyler Technology will deliver within the next 2 weeks - completed
• List of currently used modules
• Upgrade estimate based on currently used modules
• City reviews module list to verify continued use and migration
• Review available, non -utilized modules for potential inclusion
• Example: HR onboarding
Questions?
Thank you.
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Packet Pg. 233
10.5
City Council Agenda Item
Meeting Date: 06/6/2023
Draft Ordinance amending ECC 10.01 Boards and Commissions and ECC 1.05.030 and Supporting Staff
Proposed Policy
Staff Lead: Council President Tibbott
Department: City Council
Preparer: Beckie Peterson
Background/History
The City Council has established several Boards, Commissions and Committees, each codified within ECC
Title 10 Boards and Commissions.
There is currently no unified process of how the public is informed of an open volunteer board position,
how the application/appointment/confirmation will be conducted, or an established timeline to fill
vacancies.
This item was introduced by Council and deliberated on January 17, 2023 and tabled for future
discussion. It was reviewed on February 14, 2023 by the PSPHSP Committee and full council again on
April 4, 2023. (minutes attached)
Recommendation
Consider the proposed (revised) ordinance amending ECC 10.01 and ECC 1.05.030.
Narrative
During the April 4, 2023 meeting, Director Todd Tatum provided feedback on how the implementation
of the proposed ordinance would impact staff, and proposed that some of the detailed aspect could be
better provided by a staff policy, which he had drafted.
Council President Tibbott and Director Tatum reviewed the proposed policy and the proposed
ordinance. together. The proposed staff policy is attached. The draft ordinance (revised 6/1/2023) is
attached.
Attachments:
presentation Boards and Commissions Policy+ ECC 10.01
DRAFT Boards and Commissions Recruitment Policy 20230518
Pages from 2023-01-17 City Council - Full Minutes-3272
2023-06-01 CP changes to 2023-04-03 draft of chapter 10.01 redline version
Pages from 2023-04-04 City Council - Full Minutes-3337
Pages from 2023-02-14 City Council - Full Minutes-3312
Packet Pg. 234
10.5.a
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Boards and
Commissions
Policy + ECC 10.0 1
Notification, Application Procedures and Council Confirmation
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Packet Pg. 235
10.5.a
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Background
Council proposed code changes to provide a unified framework for all
Boards/Commissions -
Public notification of openings
Application and appointment timelines
A maintained roster of all appointees including term expiration dates.
Packet Pg. 236
10.5.a
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Staff -initiated outcomes of initial discussions:
Notification for open positions and applications are now in multiple
languages; English, Chinese, Korean and Spanish.
Posting openings to the Boards and Commissions Openings webpage.
Staff has completed a roster of all board and commission positions
including the term expiration date of each position.
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10.5.a
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Staff recommendation: POLICY best way to
implement detailed aspects of code
Director Tatum provided feedback on impact of Council's amended
code (challenges of timelines and implementation) and drafted a policy.
Council President Tibbott and Director Tatum reviewed the policy and the
proposed code together.
Revisions were made
to
proposed
code
to
both
reflect
the areas covered
by
the policy
and
accommodate
more
flexibility
for staff
implementation.
Packet Pg. 238
10.5.a
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Proposed Staff Policy
Includes notification of service opportunities (timelines, means and details)
Includes guidelines for submission, review and appointment timelines.
Includes confirmation details.
Includes onboarding expectations for appointees.
Packet Pg. 239
10.5.a
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Chapter 10.01 proposed (revised 6/1/23)
Removed Means of notification (10.01.020) and content of notice (10.01.030) as details are
provided in policy.
Revision: re -appointment of incumbent does not require application.(lo.01.040)
Revision: deadline for appointment 90 days after vacancy OR expiration of term.
(10.01.050B)
Removed Multiple contemporaneous openings (10.01.060) and Noncompliance (l0.01.100)
1.05.030 returned to 90 days to be consistent with 10.01.050B
Includes Roster of Positions and Transfer of Appointment Authority as previously
proposed.
Packet Pg. 240
10.5.b
<nc. 189v
BOARDS AND COMMISSIONS NOTIFICATION AND APPLICATION POLICY
Section Index: 1.0 Purpose
2.0 Policy
3.0 Onboarding
1.0 Purpose
1.1 Recognizing the City's boards and commissions are an extraordinary resource to the
leadership and residents, it is imperative that staff have guidelines to help ensure a
broad and inclusive outreach effort occurs for all open board and commission openings.
1.2 The intent of this policy is to provide guidelines for outreach efforts while allowing
Departments the flexibility to adapt to individual circumstances and the variety of board
and commission regulations.
1.3 This policy augments direction provided to boards and commissions in Chapter 10 of
Edmonds City Code.
1.4 This policy shall apply to employees, officers, volunteers and any other agents of the city
involved in the recruitment and selection of board and commission members.
2.0 Policy
2.1 Public notification of service opportunities
2.1.1 For positions that have become vacant, the goal is to provide public notice no
later than fourteen (14) days after the vacancy occurs. Departments must keep
in mind lead times for translation services (7 business days).
2.1.2 For positions whose term will be expiring, public notice shall be provided
between sixty (60) to ninety (90) days prior to the expiration of the term.
2.1.3 Every effort should be made to coordinate with existing board and commission
members and their appointing authorities to ensure that openings are identified
well in advance so that public notification of an opening can occur within the
guidelines in 2.1.1 and 2.1.2.
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2.2 Means of notification C
W
2.2.1 Public notice under this chapter shall be provided through the following means:
M
O
LO
O
Type of notice required
Dated upon which notice
Responsibility
is deemed provided
1. Posting on a page of
First date of posting
Department. PIO
the city website that is
coordinates translation
dedicated to board and
services
commission openings
2. Media release
Date of media release
Department initiates,
PIO conducts.
Translation services
coordinated by PIO
3. Inclusion in the city
Date of council packet
Department
council packet under
publication
the "Received for
Filing" heading or
similar place on the
agenda where the
notice would be seen
without requiring
council action
2.2.2 Departments shall endeavor to allow the notice in subsection 2.2.1 to remain in
place for at least thirty (30) days in order to allow for maximum visibility by the
public. The media release should reach a broad cross section of the community.
The notice in subsection 2.2.1 shall be printed in the three most commonly
spoken languages in Edmonds according to the most recent census. The media
release should include links to these notices in the corresponding languages.
2.2.3 In order to reach a broader range of residents, the PIO is encouraged to place
advertisements in local or regional publications serving a variety of residents'
interests including publications that serve non-English speakers.
2.3 Guidelines for submission, review and appointment
2.3.1 Departments will make every attempt to allow between 21-30 days after
notification for members of the public to submit their applications. The goal is
to provide the widest outreach, and allow for those who may be less familiar
with city processes time to educate themselves and apply.
2.3.2 In instances where this timeline cannot be met, Directors must inform the
mayor of the reasons why and the impact on the board or commission if a
shorter timeline is followed.
2.4 Resignations
2.4.1 A vacancy caused by resignation shall be deemed to occur upon the effective
date of the resignation. Where an intended resignation is announced in
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advance, no vacancy occurs until the date set forth in the resignation c
announcement.
2.5 Council confirmation
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2.5.1 When the provisions of city ordinances require the confirmation by the city
M
council of any appointment, whether to a board or commission established by
Lri
ECC Title 10, such confirmation shall be expressed by the affirmative vote of o
four members of the city council.
2.5.1.1 Staff will place the confirmation on the consent agenda.
3.0 Onboarding
3.1 At a minimum, onboarding requirements will consist of:
3.1.1 Open Public Meetings Act Training: Video
3.1.2 Establishment of an email address
3.1.3 Acknowledgement of the IT Acceptable Use Policy
3.1.4 Acknowledgement of the Code of Ethics
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consideration and was a considerable consideration of the subcommittee in 2022 in providing options for
an hourly or flat rate fee. She recommended retaining question 6 for electeds.
Councilmember Chen agreed with previous comments to retain question 6. For anyone participating in the
survey that did not have enough knowledge about that issue, they can always select N/A. Some of the
respondents will have the knowledge, such as the finance team who review invoices.
Councilmember Buckshnis said there is value to question 6 but the finance team does not look at it. For
example, question 6d, Does Lighthouse display the ability and knowledge to research issues in a minimum
amount of time, respondents will need to either guess or select N/A. With a flat rate, it is difficult to ascertain
if Lighthouse is spending the right amount of time on tasks. She advised the finance committee has never
looked at Lighthouse invoices.
UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS TEITZEL,
BUCKSHNIS AND PAINE VOTING YES; COUNCILMEMBERS CHEN, OLSON, AND NAND
AND COUNCIL PRESIDENT TIBBOTT VOTING NO.
Councilmember Teitzel recalled a councilmember saying this document could be the basis for an ongoing
performance evaluation. The council does not have a formal evaluation process for the city attorney. If the
performance evaluation tool works well, it could be done annually in the future.
MOTION CARRIED UNANIMOUSLY.
Mayor Nelson declared a brief recess.
2. DRAFT ORDINANCE AMENDING ECC 10.01 BOARDS AND COMMISSIONS
Council President Tibbott explained this is a draft ordinance, An ordinance of the City of Edmonds,
Washington, amending Chapter 10.01 ECC and establishing new processes related to the filing of openings
on the City's boards and commissions. He emphasized for the council and the public that the ordinance
simply seeks to improve the way vacancies for all boards and commissions are filled. As due diligence was
done looking at the process for appointment planning board members, it was realized the steps for filling
vacancies have never been spelled out. The process relied on historical practices that had been followed for
decades. He emphasized this was not an attempt by the council to control the administration or for the
council to cover up its own lack of consistency in applying the process for selecting board and commission
members. It is simply to address a gap in the process for forming boards and commissions and filling
vacancies when they happen. He emphasized there was no wrongdoing and no rules were broken in the
process of bringing forward recommendations for the planning board. The way those recommendations
were brought forward was in line with the unwritten ideas and former practices.
Council President Tibbott expressed appreciation for those who volunteer on boards and commissions; they
play a very important role, some in an advisory capacity and others are citizen input groups that provide
information to the council and as a sounding board for the community. The City's boards and commissions
are very important so it is critical to outline how positions are filled.
City Attorney Jeff Taraday advised in drafting the ordinance, he primarily worked with the Council
Executive Assistant Beckie Peterson. It started with a conversation to outline concepts that needed to be
addressed in an ordinance and to kick around ideas and generally establish the scope of what would be
included in this chapter. Ms. Peterson sent him her notes/thoughts and he developed the draft ordinance
with a few tweaks along the way. As with most code chapters of this type, it is entirely subject to council
discretion; there is no state law that governs these processes so council is free to make changes. He provided
an overview of the ordinance.
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• 10.01.010 Public notification of service opportunities
o States the city will provide public notification of all opportunities to serve on boards and
commissions including vacancies, terms that are ending even if the incumbent wants to renew.
o Provides timelines for when notice should occur: 14 days after a vacancy occurs or 90 days
prior to a term expiring.
• 10.01.020 Means of notification.
o There are three types of notification, posting on the City website, media release and including
in the Received for Filing section of the council packet.
o The posting on the website would be in place for at least 30 days
• 10.01.030 Content of notice.
o Identifies the particular board or commission that has the vacancy or opportunity, what
position, the length of the term, application materials and where to find them, the submission
deadline, inviting incumbents to reapply, and anticipated timeline for making the appointment.
• 10.01.040Incumbents
o States incumbents need to submit an application to be considered for reappointment
• 10.01.050 Timeline for submission, review and appointment
o Section A
■ Submission for a vacant position cannot happen until at least 14 days after the last of the
three types of notice was provided.
■ Submission deadline for positions whose term is expiring cannot happen until at least 30
days after the three types of public notice was provided.
o Section B
■ For positions that become vacant, appointment shall occur no later than 90 days after the
vacancy occurs
■ For positions whose term will be expiring, appointment shall occur no later than 30 days
prior to expiration of term.
o Section C
■ In the event of no qualified application responds by the application deadline public
notification process restarts
o Section D
■ Notice of appointment shall be provided to city council within 5 days
• 10.01.060 Multiple contemporaneous openings
o Appointing authority can treat an application for one position as an application for another
position on the same body.
• 10.01.070 Resignations
o A vacancy caused by resignation shall be deemed to occur upon the effective date of the
resignation. Where an intended resignation is announced in advance, no vacancy occurs until
the date set forth in the resignation announcement. Would allow someone to withdraw an
announced resignation.
o Consistent with state case law that addresses this type of situation
• 10.01.080 Roster of positions
o City clerk will maintain a roster of all board and commission positions and their term expiration
dates
• 10.01.090 Council confirmation
o Contains portions of existing Section 10.01.010
o Requires city council to act on proposed confirmation no later than 30 days after notification
• 10.01.100 Noncompliance
o City council can still confirm an appointee even if there was a flaw in the process
o Any noncompliance brought to the city council's attention after confirmation would not result
in forfeiture of office.
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Mr. Taraday summarized the goal is to develop a process that meets the City's needs.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
ADOPT THE ORDINANCE AMENDING CHAPTER 10.01 ECC ESTABLISHING NEW
PROCESSES RELATED TO FILLING OPENINGS ON THE ON CITY'S BOARDS AND
COMMISSIONS.
Council President Tibbott explained in developing the ordinance, consideration was given to, 1) best
practices in other cities, 2) the city attorney was asked to ensure the ordinance was consistent with other
appointment and hiring process in the City, and 3) recapture best practices used in the past to appoint board
and commission members.
COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND
10.01.020 MEANS OF NOTIFICATION, SECTION B, MEDIA RELEASE, TO INCORPORATE A
REQUIREMENT OF PAID ADVERTISEMENT IN AT LEAST TWO LOCAL PUBLICATIONS.
Councilmember Nand explained the reason she supports putting funding behind the publication is because
it is a constant struggle to get people who are geographically diverse and from non-traditional backgrounds
to participate in City boards and commissions. Widening the reach through paid advertisement would
expand the pool of applicants instead of the usual suspects. She would like to see a wider pool of applicants
that are more geographically diverse, represent a bigger age range and non-traditional backgrounds get
involved in City governance and the political process via volunteerism.
Councilmember Paine asked if the motion was to include other languages. Councilmember Nand said she
would defer to the administration's communications coordinator Kelsey Foster. That would be a valuable
addition if that was something she was able to incorporate.
Councilmember Chen asked if that was already covered in 10.01.020.13 Media release. Councilmember
Nand explained her reading of .020 is it would be just a press release that is sent to various publications
who can choose whether to publish it. A paid advertisement would place the open position in a more
prominent way and guarantee that it is carried in at least two local publications.
Councilmember Chen said 10.01.020.13 Media release already cover a lot of media. He suggested specifying
Korean, Chinese, or Hispanic publications, because otherwise it would not help.
Councilmember Nand asked if he was suggesting instead of just paid advertisements in a minimum of two
local publications, there also be a requirement that one be in a non-English language.
Councilmember Chen began to amend the amendment to add the above.
Councilmember Paine raised a point of order that there cannot be an amendment to an amendment. Mr.
Taraday advised an amendment to an amendment is allowed. Mayor Nelson ruled point not taken.
COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND
THE AMENDMENT TO SPECIFY THE PAID MEDIA MUST BE THE MAIN MINORITY
LANGUAGES SUCH AS HISPANIC, KOREAN, AND CHINESE MEDIA.
Councilmember Chen commented it was a good idea to expand the reach in terms of advertising board and
commission openings. In Edmonds, the three main minority languages are Korean, Chinese and Hispanic.
Councilmember Buckshnis suggested Councilmember Chen meant Spanish rather than Hispanic. She asked
if that meant there would be interpreters as part of boards and commissions. If the City is publicizing in
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foreign languages, she asked if there would be a requirement that the applicant understand English or would
individuals from minority populations be selected and the City provide interpreters as part of the board or
commission. She suggested this needed to be thought through a little more.
Councilmember Olson said Councilmember Buckshnis' point was also on her mind. She understands the
idea behind this, but was uncertain advertising in foreign languages was of value if the applicants did not
speak English, the language the board and commission's business would be conducted in, and feared it may
cause frustration. She will vote against all of these well intentioned, good thoughts in the big picture in
terms of trying to achieve something. If these amendments were not approved, the council could add an
intent to achieve outreach to minority communities through appropriate means and each time there is an
opening, the City administration can determine what that means for the particular board/commission
opening. It could be an announcement at a community center or church, a bulletin board or through people
who are in contact with a specific community, etc. She understood what the amendments were trying to
achieve, but she did not think being that prescriptive added value.
Councilmember Nand strongly disagreed with Councilmembers Buckshnis and Olson's comments. If an
member of the deaf community applied and needed an ASL interpreter, the City would find a way to
accommodate due to the value of that person's input. Saying it would be too arduous for someone who
speaks English as a second language to participate on a board or commissions is very offensive to
communities of color of which she and Councilmember Chen are members. Both she and Councilmember
Chen come from bilingual households, she is the daughter of immigrants and Councilmember Chen is
himself an immigrant. She felt it was saying the City didn't want people from the English as a second
language community because it might be too difficult to incorporate them into a board or commission.
Councilmember Nand expressed support for Councilmember Chen's amendment. Her original amendment
was paid advertisements in a minimum of two local publications. Councilmember Chen added to include
advertisements targeted to the English as a second language community. To anyone listening who speaks
English as second language or is a member of deaf community, she assured the City would find a way to
accommodate them if they wanted to participate in a board or commission.
Councilmember Buckshnis said Councilmember Nand put words in her mouth that she did not say. She has
no problem with what Councilmembers Nand and Chen are attempting to accomplish but was thinking of
the unintended consequences. There have been deaf individuals on the diversity commission. She referred
to Councilmember Nand's clarification of English as a second language. She was unsure why
Councilmember Nand was stating the council was attempting to not be inclusive; she welcomed English as
a second language individuals. Her question was if the person did not speak English, was the intent to have
interpreters. She was offended that Councilmember Nand was accusing her of making gestures when all
she was asking for was a response.
Mayor Nelson encouraged councilmembers to maintain respect for each other.
Councilmember Olson pointed out the original discussion was not English as a second language, it was
advertising in a different language where it was very likely to find people who do not speak English as a
second language. That was her point, not that she did not welcome people who speak English as a second
language. If someone who did not speak English wanted to participate, consideration could be given to
what logistics would be required to accommodate that. Seeking people who will have that additional
difficulty interacting with other members of the board or commission and doing the work and business of
reading packets, etc. is a lot for the City to take on.
Councilmember Chen assured all councilmembers were open minded and welcoming and the questions and
discussion are for the good of order. No one has any judgment against non-English speaking people. His
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amendment was just to make it available and provide for a broader reach. In the United States, business is
still conducted in English.
Mr. Taraday said he heard the original motion as one of the two publications would in a non-English
speaking publication and it was subsequently refined as publishing in Chinese, Korean and Spanish. He
asked that the amendment be restated.
Councilmember Chen restated his amendment:
TO HAVE BOARD AND COMMISSION OPENINGS PUBLISHED IN THREE MAJOR NON-
ENGLISH PUBLICATIONS INCLUDING KOREAN, CHINESE AND SPANISH.
UPON ROLL CALL, AMENDMENT TO THE AMENDMENT CARRIED (5-2),
COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS, PAINE AND NAND VOTING YES;
COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBER OLSON VOTING NO.
Councilmember Paine asked who would manage this process. It appears to be council directed but she
questioned whether it would be managed by the administration and then turned over to council for the
application review.
Council President Tibbott raised a point of order, stating the council should vote on the amendment. Mayor
Nelson ruled point taken.
Councilmember Nand restated the amended amendment:
REVISE 10.01.020.13 MEDIA RELEASE TO INCLUDE PAID ADVERTISEMENTS IN A
MINIMUM OF TWO LOCAL PUBLICATIONS WHICH WAS AMENDED TO BE PAID
ADVERTISEMENT IN A MINIMUM OF FIVE LOCAL PUBLICATIONS INCLUDING THREE IN
MAJORITY LANGUAGES OF CHINESE, KOREAN AND SPANISH.
Mr. Taraday agreed that is how he interpreted the effect of the passage of the amendment. He was familiar
with statutes that require paid advertising and many include a frequency element. He suggested the
frequency be clarified.
Councilmember Nand suggested a minimum of two weeks of at least once week paid advertisement.
Councilmember Buckshnis said it was her understanding there would be three publications but now five
are proposed. She questioned what department would fund this and hoped it would not come from city
council funds. If it was not paid from city council funds, the mayor should have some say in this.
Mayor Nelson said councilmembers have reached out to other cities but have not reached out to the
administration. He was also concerned that the council was ready to vote on this the same night it was
introduced which was usually not done. He questioned how this very elaborate, thorough, in-depth outreach
would be funded, who would do it, and what it means for boards and commissions. It has big implications
and he found it surprising that none of the City's directors had been contacted.
Councilmember Buckshnis said she was just as concerned because this has morphed into a very expensive
proposal. She suggested going back to the drawing board and that the administration have some input
because this could get very costly, an issue for a fiscal conservative like her. She was trying to figure out
what councilmembers were trying to accomplish and suggested it be considered in a committee or
subcommittee that works with the administration. She was not in favor of the amendment without further
information about the cost.
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Council President Tibbott said he was under the impression that the amendment was to publish notice in
two publications and one of the announcements would be in three different languages so it was not
necessarily to publish in three separate publications. He supported publication in two hard copy publications
to extend the reach, but found it difficult to agree to more than that.
Councilmember Olson commented it was unlikely the council would get through all the conversation and
amendments on this tonight and suggested tabling it. The council has no idea of the cost of the additional
advertising that has been proposed, an off-the-cuff idea from the dais that has not been vetted which she
felt was a very bad idea. She suggested moving on to the vote and reconsidering it when information
regarding the cost is available next week. There has been a lot of board and commission turnover and
vacancies in the past 2-3 months so it is probably not prudent to pass this tonight without any forethought
on the subject.
Councilmember Chen agreed with what has been said regarding taking more time to digest this and do
further research. His amendment was meant to replace the two original publications, not increase it to five.
Councilmember Paine said if a board member needed sign language, it would be an ADA violation not to
provide it. The council should always be thinking about people with differences that need to be
accommodated.
Councilmember Nand liked Council President Tibbott's suggestion for two local publications in multiple
languages and anticipated Councilmember Chen would also support that.
Mr. Taraday said he was confused where to go now procedurally because prior to the last 5-2 vote, the
intent of that amendment was clarified to publish in three publications, a Spanish publication, a Korean
publication, and a Chinese publication. Maybe Councilmember Chen was saying he wanted to advertise in
three languages other than English but in an English-speaking publication which is different. He suggested
going back to that vote and get additional clarification and revote if Councilmember Chen was saying the
effect of his amendment was not what he intended.
Councilmember Nand relayed her understanding of Mr. Taraday's comment was for the council to recall
the vote to Councilmember Chen's amendment to her amendment and call the vote on her amendment to
the ordinance. Mr. Taraday said what is needed is a big board on the wall that shows the text of pending
motions so the council can agree on the motion they are voting on. He was still unclear whether
Councilmember Chen's motion was publishing in three languages in an English publication or in a foreign
language publication.
Councilmember Chen commented it would not make sense to publish foreign languages in an English
publication; it has to be in the foreign language publication that reaches that audience. His original intent
was to publish notice in Korean, Spanish and Chinese publications. Mr. Taraday asked if Councilmember
Chen's amendment was instead of two English plus the Spanish, Chinese and Korean, it would be no
English and Spanish, English and Chinese. Councilmember Chen said the media releases in English were
not paid advertisements. Mr. Taraday said Councilmember Nand's original amendment was to have paid
English advertisements of the vacancies. He was trying to understand if the intent was to substitute the paid
English ads for the Spanish, Korean, Chinese ads or supplement the paid English ads with Korean, Chinese
and Spanish ads; it is either three ads or five ads.
Councilmember Chen suggested tabling and do some research.
Planning & Development Director Susan McLaughlin said what has been done in the past with ethnic media
sources through the equitable engagement framework such as regarding the comprehensive plan this
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summer, was to send a press release in multiple languages, for example to the Korean newspaper, and they
can choose whether to publish it just like a press release sent to other media channels. She recommended
doing that, sending a press release which can be translated into multiple languages and the ethnic media
sources can choose whether to publish it or not.
Councilmember Teitzel expressed concern the council was getting bogged down in detail which was not
productive.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
TABLE THIS ISSUE FOR ONE WEEK AND DIRECT THE COUNCIL PRESIDENT TO MEET
WITH THE MAYOR AND MEMBERS OF HIS STAFF TO WORK THROUGH DETAILS AND
BRING THIS BACK NEXT WEEK FOR FURTHER DISCUSSION AND A VOTE. MOTION
CARRIED UNANIMOUSLY.
3. 2023 COUNCIL RETREAT PLANNING
Council President Tibbott referred to the proposed agenda in packet and suggested the retreat not be held
virtually.
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
HOLD THE COUNCIL RETREAT IN A NON -VIRTUAL FASHION UTILIZING THE
RESOURCES OF RECORDKEEPER.
Council President Tibbott commented the council has not had an in -person retreat for at least 3 years. The
design of this retreat includes a lot of movement around room and the formation of discussion groups
making it difficult to provide microphones and capture multiple people talking at same time. The room will
be large enough to accommodate the public, all are welcome to participate and notes will be available. The
most important reason not to have a virtual environment is to avoid misinterpretation of comments made
on the side or jokingly as attendees are working. He asked the council to approve a non -virtual event for
this retreat and looked forward to a lot of interaction. The results of the planning process will be available
for everyone to see.
Councilmember Paine said although she has a better understanding of why Council President Tibbott wants
the retreat not to be virtual, it eliminates the ability for the public to watch, listen and observe the process.
Although people will be moving around, there will also be time for discussion which she felt would be
helpful for the community to watch in real time. The Brackett Room has great equipment; she attends
committee meetings there regularly and it has good virtual function. The council could all agree to attend
in person unless they are ill to facilitate face to face conversations. She preferred to have the virtual
opportunity available for the public, not necessarily for the council, as that ability is provided for all other
meetings and this is no different.
Councilmember Buckshnis agreed with Council President Tibbott. A retreat has a lot of moving parts. A
lot of people like the virtual aspect, but when it was done for the Housing Commission, it was very difficult
to follow. The public can read the minutes or attend the meeting if they wish. It would be wonderful to have
a retreat in person and not worry about the virtual aspect. For example, she tried to listen in on a virtual
Rotary meeting today, but it does not work well. A retreat should be informal, fun and invigorating. A
virtual format does not work well with in a large group setting and retreats in the past were never virtual.
Councilmember Olson said it will not be a great spectator event via virtual means. The press will cover the
meeting and it is an open meeting for anyone to attend. Hybrid meetings are not required, the council does
it to provide access. When the experience of that access will not be good, won't add to the spectator
experience and makes it more difficult for the participants, there are reasons at times, such as this retreat,
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10.5.d
0
Chapter 10.01 c
NOTIFICATION AND APPLICATION PROCEDURES AND COUNCIL CONFIRMATION
Sections:
10.01.010 Public notification of service opportunities.
10.01.020 [reserved]""^-,n-r ^f n of peat-;^
10.01.030 [reserved]Centen+ ^f notice.
10.01.040 Re -appointment of incumbents.
10.01.045 Holding over pending appointment of successor.
10.01.050 Deadline for submission, review and appointment.
10.01.055 Transfer of appointment authority
10.01.060 [reserved] Multiple contemporaneous openings.
10.01.070 Resignations.
10.01.080 Roster of positions.
10.01.09001-0 Council confirmation domed.
10.01.100 [reserved]"'^^^^^*^^^^
10.01.010 Public notification of service opportunities. o
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The public shall be notified of all opportunities to serve on the boards and commissions codified
as
in Title 10 ECC, including but not limited to, opportunities to fill positions that have become `
vacant and positions whose term will be expiring and whose office holder is not interested in
re-apDointment for another term. o
A. For positions that have become vacant, public notice shall be provided no later than
fourteen (14) days after the vacancv occurs.
B. For positions whose term will be expiring, public notice shall be provided no later
than ninety (90) days prior to the expiration of the term.
10.01.020 [reserved IRA ea nc of nGt4kitkm
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10.5.d
10.01.030 [reserved I C-q- ntent „f Y.,,tk-e
f applicable) of the v +h v
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' an invitation feF emu+ en bents to Y Y.I., (suibiect to a applicable le term 1o., its) and the .,-,�
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10.01.040 Re -appointment of incumbents.
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Incumbents who are elieible and interested in servine another term must need not submit an ;v
aoolication to be considered for re -appointment to another term.
10.01.045 Holding over pending appointment of successor.
Where a member of a board or commission was duly appointed to hold office for a definite
term as described elsewhere in this title, that member shall be authorized to hold over and
continue serving in the office until their successor has been duly appointed (and confirmed, if
applicable) even where the member's definite term has exaired.
10.01.050 Deadline for submission, review and appointment.
A. Applications shall not be reviewed and considered, nor shall submission be required
until:
For positions that have become vacant
For positions whose term will be expiring
at least fourteen (14) days after the
Notice Completion Date
at least thirty (30) days after the Notice
Completion Date
B. The appointing authority shall appoint someone to fill the vacancy:
For positions that have become vacant I For positions whose term will be expiring
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10.5.d
no later than s44�-ninety (6990) days no later than ninety (-3990) days s
after the vacancy occurs after the expiration of the term
C. In the event that no qualified applicant has responded by the application deadline, the
appointing authority shall re -start the process with a new round of public notification.
D. The appointing authority shall provide notice to the city council of the appointment
within five (5) days of making the appointment.
10.01.055 Transfer of appointing authority.
A. Once the deadline for appointment set forth in ECC 10.01.050.E has expired without
an appointment having been made, the appointing authority for that position shall
transfer to the successor appointing authority, who will resume the appointment
process where it was left. when feasible. or re -start the appointment Drocess from
the beginning.
B. Where the mayor had been the appointing authority, the successor appointing
authority shall be the council president.
C. Where a councilmember had been the appointing authority, the successor
appointing authority shall be the mayor.
10.01.060 [reserved]Multiple renteFpPGFane9us
10.01.070 Resignations.
A vacancy caused by resignation shall be deemed to occur upon the effective date of the
resignation. Where an intended resignation is announced in advance, no vacancy occurs until
the date set forth in the resignation announcement.
10.01.080 Roster of positions.
The city shall maintain and post on the city website a roster of all bodies established by this
Title 10 ECC, including the term expiration date of each position.
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10.5.d
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10.01.090010 Council confirmation defined.
0
When the provisions of city ordinances require the confirmation by the city council of any
mayeral appointment, whether to a board or commission established by ECC Title 10 or of a
public officer in accordance with provisions of ECC Title 2, such confirmation shall be expressed
by the affirmative vote of at least a majority of the whole membership feufneffyb f- of the city
council. The city council shall take action on a proposed confirmation no later than thirty (30)
days after the city council has been notified of an appointment. The transfer of appointing
authority provisions of this chapter do not divest the appointing authority of the ability to make
a subsequent appointment in the event that the city council fails to confirm an appointee,
exceat where a subseauent appointment is not made in a timelv manner.
10.01.100 f reservedlNeneempliance
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10.5.d
1.05.030 New nominees appointment / confirmations
Upon receipt from the city clerk of the names of members failing to maintain attendance as
provided herein, the mayeF appointing authority shall, within 99 bA 90 days thereof, submit
new nominations to the ty f„r „Rfir., atiGR T-Where council confirmation is required,
the city council shall confirm or reject the nominations within 30 days after the mayer
appointing authority submits the nominations to the council for consideration. A member
removed for failing to maintain attendance as provided by this chapter may not be
renominated or reappointed to a position on that or other city of Edmonds' board, committee
or commission for at least one year after removal.
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10.5.e
2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
4. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE - LTAC
ITEMS REMOVED FROM CONSENT
3. ADOPTION OF MINOR CODE AMENDMENT PACKAGE 1
Councilmember Teitzel commented this was brought to council tonight as a new item and is the first time
the council has had an opportunity to review a group of minor code amendments for approval on the
consent agenda. He saw this for the first time today at 2 p.m. today and did not have an opportunity to
review it in detail. Some of the minor code amendments are straight forward and others are more complex
and he would appreciate having more time to consider the 18-19 items on the list to ensure they qualified
as minor code amendments.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NAND, TO
TABLE THIS ITEM UNTIL THE APRIL 18 MEETING'S CONSENT AGENDA.
Councilmember Nand commented the packet is fairly comprehensive and she would appreciate at least
four days advance notice before approving the amendment package. She hoped that procedure for
approving minor code amendments would be followed in future. Council President Pro Tem Olson
acknowledged this was a late addition to the agenda.
MOTION CARRIED UNANIMOUSLY.
City Attorney Jeff Taraday said technically there is no motion to table something to a certain date. Taking
Councilmember Teitzel's remarks in context, he assumed the motion was to postpone until the April 18
consent agenda. Councilmember Teitzel agreed. Mr. Taraday clarified there would not need to be a
subsequent motion on April 18 to remove this from the table, it could just be on the April 18 consent
agenda. Councilmember Teitzel agreed that was his intent, to delay consideration until April 18.
Council President Pro Tem Olson asked if the council was okay with this modification with the vote they
had already cast. Council consensus they were okay with the modification.
9. COUNCIL BUSINESS
1. DRAFT ORDINANCE AMENDING ECC 10.01 BOARDS AND COMMISSIONS AND
ECC 1.05.030
Council President Pro Tem Olson advised the staff recommendation was to review and deliberate and
possibly take action but staff is aware that will not happen tonight. Community Services/Economic
Development Director Todd Tatum has asked to provide input on the proposed code.
Mr. Tatum appreciated the direction the council was heading, but wanted to point out challenges related
to implementation. His department has four boards, commissions or committees covered under Chapter
10. Staff has been working toward improving the processes and procedures for notifying the public about
board and commission openings and in the proposed 10.01.010 notification for vacant positions would be
relatively quick. Turnaround for translation takes about a week, which leaves one week for media
releases, etc. Under 10.01.010, public notice for positions whose terms will be expiring shall be provided
no later than 90 days prior to the expiration of the term, which means between 120-150 days or 1-2
meetings in advance for volunteers to make a decision. The Economic Development Commission is a
good example; members are appointed by councilmembers, councilmembers work with their appointee to
see if they want to reappointed and that needs to occur before 90 days.
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With regard to 10.01.050.B, time to fill a vacancy, 90 days before the expiration of the term is when
notice needs to happen; 30 days are required for applications to be submitted and the person needs to be
appointed 30 days prior to the beginning of the term, leaving 30 days to conduct interviews, sometimes
second interviews are required or applicants drop out, raising the question if there are still qualified
applicants and it is 20 days into the process, does the clock restart or does it need to be completed in 10
days.
Regarding 10.01.055, Mr. Tatum commented breaking that timeline will lead to a transfer of appointing
authority, but that timeline could be broken due to a number of extenuating circumstances so in the
transfer of appointing authority, there would be no change in underlying conditions. With regard to
10.01.080, maintenance of a roster on the City's website including the term of expiration, he pointed out
that is a large body of work for some unnamed staff to track and is not something staff is currently doing
at that level and it would impact one or more departments.
Mr. Tatum also raised the issue if any of these steps are missed and a commissioner is appointed, did that
invalidate their appointment and/or any decisions they voted on. There are a lot of different steps and
specific timing in the ordinance that could be missed. Much of the ordinance could be covered by policy
which would give staff clarity about what needs to be done and the expectations without the challenges of
maintaining an ordinance, particularly given the fact volunteers often come and go throughout the
application process. He was happy to identify parts of the ordinance that would be worthy of including in
policy if the council decides that is of interest.
Council President Pro Tern Olson commented the original intent has gotten derailed and it is probably
appropriate for the group working on this (City Attorney Jeff Taraday, Council Executive Assistant
Beckie Peterson and her) to coordinate with Mr. Tatum. She apologized for wasting time by putting this
on the agenda; she reached out to Mayor Nelson for input and that was provided tonight. Mr. Tatum
apologized his comments were provided so late. Council President Pro Tern Olson recommended
conclude this item for tonight.
Councilmember Nand referred to 10.01.050 and asked if a caveat such as staff shall make a good faith
effort to comply with this timeline to the greatest extent practicable would be helpful or were there other
adjustments Mr. Tatum would suggest to the timeline. Mr. Tatum answered the lack of flexibility in the
timeline is the challenge so including language that allows staff to make in their best effort to meet the
timeline but allow some flexibility would be helpful.
Councilmember Nand referred to 10.01.080, roster of positions, and asked if placing the responsibility to
maintain the roster on the chair of each board/commission would alleviate the burden on staff. Mr. Tatum
answered the challenge is the board chair is a volunteer; so the accuracy of information still falls on staff.
There is a clear chain of responsibility for staff so it would have to be maintained by staff.
Councilmember Nand asked if stating 10.01.050 as a best practice guideline rather than a firm
requirement would be more workable for staff. Mr. Tatum answered language that provides flexibility
within the timeline would be appreciated by staff.
Councilmember Buckshnis agreed with the suggestion to move this into a policy and an ordinance that
references the policy. She recalled she and Councilmember Teitzel were interviewing for tree board
members and then learned they were doing it wrong. She suggested each board/commission participate in
developing the policy. She questioned who would manage the policy especially when each board and
commission is so different and there are non -codified committees such as the Creative District. Mr.
Tatum answered that would be for the administration to solve. There are a few options including his
department or the city clerk. Councilmember Buckshnis agreed having a policy would make it easier to
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10.5.e
make changes. She appreciated the efforts to create consistency between boards, commissions and
committees because things have gone haywire for a while.
Councilmember Paine loved the idea of a policy where the oversight role for council would be a mid -year
check -in to ensure all the boards and commissions are running smoothly. She shared the concern that each
board and mission have their own rules and some boards are governed by other regulations such as the
LEOFF 1 board which is governed by RCW and the DEIA Board is governed by City code. She agreed a
policy is better because it offers more flexibility and agreed the proposed timelines were crushing.
Council President Pro Tern Olson explained this exercise was prompted by the fact that there was a
problem to solve, not filling vacancies in a timely manner, and the group convene to discuss how to
address that. She invited staff to help the council understand how to offer flexibility and still fill vacancies
as they happen.
Council President Pro Tern Olson asked for council input on 10.01.040 re -appointment of incumbents.
Her suggestion was to have incumbents reapply and describe why they want to continue serving on the
board/commission although that is not what has been done in the past; she served on the tree board for 2-3
terms and never had to reapply. The value of having incumbents reapply and describe why they want to
continue serving is the person making the appointment has the person's credentials at the same time they
are considering other applicants. She acknowledged it would require more advertising and review of
applications, but it was a balancing act between the cost and benefit.
Councilmember Paine suggested replacing "reapply" with "indicate to staff or the appointing
councilmember." The proposal would require volunteers who are busy serving on the board/commission
to provide a lot of additional paperwork and go through the process. If the board or commission member
has been performing well, the way it has been handled in the past has worked well without adding
additional burden on staff and adds continuity to the board/commission. From what Mr. Tatum described,
there is a tremendous paperwork burden with transitions.
Councilmember Buckshnis agreed with Councilmember Paine. She noted Councilmember Teitzel and she
appointed Council President Pro Tem Olson to the tree board and later learned they did not have the
authority. If a councilmember is comfortable with the person they appointed such as the person she
reappointed to the EDC, it is good to keep someone with that longevity that understands what's going on.
She agreed if a board or commission member wanted to reappointed, it was not necessary to redo all the
paperwork.
Councilmember Nand said she heard from a disgruntled volunteer who felt he was unfairly not
reappointed for political reasons. The City needs uniformity and transparency in how incumbents are
appointed, who is reappointed, and who is asked to no longer serve on a board which unfortunately
happens because elected officials are politicians and these are political appointments. She wanted to
ensure volunteers were treated fairly and that they feel they are being given a fair shake. She was unsure
about advertising and creating a pool of applicants for every incumbent's position. When some board or
commission members are told they will not be reappointed and others do not have that same experience,
the ones who told they will not be reappointed feel they are unfairly targeted and excluded. There needs
to be uniformity in the process to ensure volunteers are respected regardless of whether elected officials
agree with them politically or not.
Council President Pro Tern Olson reminded this item was to gather input and not take a vote.
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Councilmember Chen agreed submitting a new application was cumbersome and time consuming for staff
and volunteers. However, if the same volunteers are reappointed over and over, that may preclude the
opportunity for new volunteers to participate. He suggested the council consider a term limit.
Council President Pro Tern Olson commented the narrative did address term limits and some
boards/commissions do have term limits and others are silent. As the group discusses a policy, they will
keep that in mind as a possibility.
Councilmember Buckshnis agreed with Councilmember Nand and clarified it has only been under this
administration where members have been removed from the planning board which is entirely mayor
appointed. If the council make boards and commissions consistent, planning board and ADB members
should also be council appointed; the members are currently appointed by the mayor. She could think of
only one other instance during the previous administration where the council did not want a planning
board member to continue but other than that, there have never been any problems like there have been
under this administration. If the intent is to eliminate political targeting, the planning board and ADB
should be changed to a council appointment authority.
Council President Pro Tern Olson advised a policy or code that takes the council's input into
consideration will be presented to council in the future for their review. She observed there was consensus
not to have incumbents reapply or to advertise for their position.
2. COUNCILMEMBER ZONE REPRESENTATION ANNUAL ASSIGNMENTS
As the author of this agenda memo, Council President Pro Tern Olson said she wished she had used
"liaison" instead of "representation" because it would have added clarity. This concept was originally
suggested by Darrol Haug. Each year the council president assigns many liaison roles for boards and
commissions, outside agencies, etc. In 2019 subareas or districts were created to ensure fair and
geographically proportionate citizen representation for the Edmonds Housing Commission; the district
map is available in the agenda memo for this item. Seven geographic districts were established for the
housing commission and each of the seven councilmembers appointed a member of the commission.
Council President Pro Tern Olson assured the proposal was not intended to change the current at -large
system for councilmembers. However, it could in the short term deliver benefits that some people have
sought related to districting, having someone paying attention to a particular area. In this proposal, the
councilmember assigned to the zone would not necessarily live in that zone, but for that one year, the
councilmember would have certain responsibilities related to being the liaison to that zone. Everyone in
the City of Edmonds is represented by every councilmember and people are free to contact any
councilmember for any reason, but the assigned liaison would have responsibility for a certain amount of
outreach. Due to the amount of time that has already passed this year, the council may decide not to do as
much this year as will be done in subsequent years. The assignment of councilmembers to zones will
evolve over time including establishing rules and procedures to better describe the role.
Council President Pro Tern Olson continued, for example, during the pandemic, she held five open air
budget talks which she organized and hosted with the help of the council's administrative assistant. She
attended each of those talks and invited other councilmembers to join her. She acknowledged holding
those talks required a lot of time and effort; it would have been much easier if she had only been required
to hold one talk. She assured this isn't about creating turfs for councilmembers or preventing
councilmember from being involved with all areas of the City because councilmembers are at -large
members. The intent is to give each councilmember a specific assignment and the responsibility for
engaging with residents in that zone and to bring information back to the council legislative process via
the budget, CIP/CFP, etc. She hoped this explanation clarified some of the issues.
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10.5.f
PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL
COMMITTEE SPECIAL MEETING
February 14, 2023
Elected Officials Present Staff Present
Councilmember Vivian Olson (Chair) Michelle Bennett, Police Chief (no audio)
Councilmember Jenna Nand Jessica Neill Hoyson, HR Director
Council President Neil Tibbott (ex-officio) Todd Tatum, Comm. Serv./Econ. Dev. Director
Whitney Rivera, Municipal Court Judge
Uneek Maylor, Court Administrator
Angie Feser, Parks, Rec. & Human Serv. Dir.
Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir.
Jeff Taraday, City Attorney (left mtg. 3:50)
Alexandra Ehlert, Police Executive Assistant (no audio)
Scott Passey, City Clerk
Guests
Elaine Helm, Diversity Commission Chair
Jessie Owen, Diversity Commission Member
1. CALL TO ORDER
The Edmonds City Council virtual online PSPHSP Committee meeting was called to order virtually and
in the City Council Conference Room, 212 — 5` Avenue North, Edmonds, at 3:30 p.m. by
Councilmember Olson.
2. COMMITTEE BUSINESS
1. Draft Ordinance mending ECC 10.01 Boards and Commissions
Mr. Taraday recalled when this came to council in January, there was a lengthy discussion regarding
public outreach and whether the ordinance should be amended to identify specific types of public
notification in various newspapers, in foreign languages, etc. As motions were made and the discussion
became more complicated, the council directed the matter to staff. He assumed the council president
determined it would be better to have it come to committee first.
Councilmember Nand referred to Section 10.01.030 Content of notice, relaying Councilmember Chen
and she reached out to Kelsey Foster and Mayor Nelson's administration who indicated without further
direction from council they will voluntarily seek ways to advertise board and commission positions in the
local media and try to incorporate a multilingual component. That will address her and Councilmember
Chen's concerns. The administration does not need any further direction from council than what is
included in Section 10.01.030.
Questions and discussion followed regarding Council President Tibbott working with staff on how the
administration would be notified of openings or renewals and having Mr. Taraday incorporate that into
the proposed ordinance, input provided by former Planning Board Member Roger Pence, a suggestion
for three committee members to review proposed amendments before forwarded them to Mr. Taraday
for inclusion in the ordinance, simplifying the code versus addressing situations such as the difference
between unexpected vacancies versus end of term vacancies, a suggestion that incumbents continue
to serve (if they are willing) until they are replaced, emphasizing that the selection process is
nonpartisan, interviewing all applicants that meet the code requirements, and establishing a process for
filling vacancies if not done by the administration within a period of time.
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