PSPP040919PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING
April 9, 2019
Elected Officials Present Staff Present
Councilmember Mike Nelson (Chair) Patrick Doherty, Ecom. Dev./Comm. Serv. Dir.
Councilmember Neil Tibbott Shane Hope, Development Services Director
Mary Ann Hardie, HR Director
Kernen Lien, Environmental Program Mgr.
The meeting was called to order at 7:00 p.m. in the Police Training Room.
1. Option for Addressing Nonconformance in Limited Manner
Ms. Hope explained this issue arose due to some multifamily buildings in Edmonds that were built in
the 1960/1970s in compliance with prior City codes but have more units than are now allowed.
Existing buildings that have more units than currently allowed are considered "nonconforming" which
is an issue with buyers obtaining financing when owners try to sell their units. The code currently
states if a nonconforming building or structure is destroyed or damaged in an amount equal to 75% or
more of its replacement cost at the time of destruction, said building shall not be reconstructed except
in full conformance with the provisions of the ECDC. Reconstructed in full conformance means if
fewer units are allowed under the current code, some of the units could not be replaced.
Staff has analyzed how this could be addressed such as a very narrow code amendment to
grandfather the existing number of units which would require review and recommendation from the
Planning Board. Other options include taking no action, addressing the issue in future code update
process, or waiting for an applicant to initiate the process (requires a $7000 application fee). Staff has
learned there are at least 20 multifamily sites affected by this nonconformance requirement. She
distributed a list of buildings, noting there may be others. She relayed staff's recommendation for
Council to provide direction for the Planning Board to work as expeditiously as possible on a
recommendation.
Discussion followed regarding when reconstruction in full conformance with the ECDC would be
required, the financing industry's refusal to finance due to the nonconformance, intent to focus a code
amendment on allowing the existing number of units to be reconstructed but still require full
conformance with all other elements of the code, how the issue arose, and how other
nonconformance issues have been addressed. Committee members recommended when presenting
to Council, staff provide an example of possible code language.
Action: Schedule as action item for full Council
2. Diversity and Youth Commission Coordinator Position Approvals
Mr. Doherty explained during the 2019 budget review, the Council approved funding for contractors to
provide staff support as Diversity Commission and Youth Commission Coordinators on a temporary
basis in 2019. Announcements were issued for the contract coordinators, respondents were
interviewed and candidates identified. When reviewing their employment contracts, the City Attorney's
office determined they did not meet the State Labor and Industries criteria for "independent
contractors." For this reason, the contracts were revised to serve as temporary "contract employees"
which requires Council approval. Staff will make a recommendation on continuing the positions during
04/09/19 PSPP Committee Minutes, Page 2
the 2020 budget process. Compensation savings from January -March will cover the minor budget
impact of the positions' limited benefits. Discussion followed regarding the background of the
candidates who were selected.
Action: Schedule on Consent Agenda
The meeting was adjourned at 7:22 p.m.