2023-04-04 City Council PacketOp E D
o Agenda
Edmonds City Council
tnl. }nyo REGULAR MEETING
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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. Municipal Court Annual Report (25 min)
2. City Attorney Annual Report (25 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
Edmonds City Council Agenda
April 4, 2023
Page 1
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE.
RECEIVED FOR FILING
1. Written Public Comments (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Regular Meeting Minutes of March 28, 2023
2. Approval of claim checks and wire payments.
3. Adoption of Minor Code Amendment Package 1 (AMD2023-0003)
4. Confirm Appointment of Board/Commission Candidate - LTAC
9. COUNCIL BUSINESS
1. Draft Ordinance amending ECC 10.01 Boards and Commissions and ECC 1.05.030 (15 min)
2. Councilmember Zone Representation Annual Assignments (20 min)
10. COUNCIL COMMENTS
ADJOURN
Edmonds City Council Agenda
April 4, 2023
Page 2
4.1
City Council Agenda Item
Meeting Date: 04/4/2023
Municipal Court Annual Report
Staff Lead: Whitney Rivera
Department: Municipal Court
Preparer: Uneek Maylor
Background/History
The Municipal Court provides an report to the City Council in the first quarter of each year.
Staff Recommendation
For information only.
Narrative
Judge Whitney Rivera will provide the report.
Attachments:
State of the Court Report 2023
Power Point State of the Court 2023
5536-S2.E
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4.1.a
EDMONDS MUNICIPAL COURT
STATE OF THE COURT
Providing the Community Access to Justice with Respect and Integrity
2022 Summary
Workload
Edmonds Municipal Court (EMC) remained open and accessible throughout the COVID-19
pandemic. In 2022, Edmonds Municipal Court (EMC) began resuming some pre -pandemic
court operations as the COVID-19 pandemic waned. On November 1, 2022, the Washington
State Supreme Court Fifth Revised & Extended Order Regarding Court Operations — which
had been in place since February 19, 2021— ended.
This emergency order impacted court operations across the State of Washington, including
when bench warrants could be authorized following a failure to appear. In November 2022,
hundreds of bench warrants that had been administratively held in EMC pursuant to the
Supreme Court's order were issued. There are currently 464 outstanding bench warrants in
EMC.
EMC continues to offer hybrid proceedings that were implemented during the pandemic,
allowing a court user to appear in person or remotely. Testimonial motion hearings — such
as motions to suppress evidence (CrRLJ 3.6) or hearings to determine the admissibility of a
defendant's statements to law enforcement at trial (CrRLJ 3.5) — are conducted in person.
Jury trials are also conducted fully in person.
In 2022, a total of 3,238 cases were filed in EMC. For purposes of comparison, 4,191 cases
were filed in 2021 and 4,524 cases were filed in 2020. The breakdown of case types for
2022 filings is as follows:
■ 1,357 traffic infractions;
■ 15 non -traffic infractions;
■ 1,278 parking infractions;
■ 67 driving under the influence (DUI) cases;
State of the Court 2023
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4.1.a
■ 56 criminal traffic cases; and
■ 465 criminal non -traffic cases.
In 2022, 92 domestic violence cases were filed in EMC, which are included in the 465
criminal non -traffic cases listed above. In addition to infractions and criminal cases,
EMC also presides over civil hearings concerning impoundment of vehicles (ECC
8.48.608) and dangerous dog/potentially dangerous dog appeals from the Animal
Control Authority (ECC 5.05.123).
For traffic infractions in 2022, EMC conducted 144 mitigation hearings, 249 contested
hearings, 405 show cause hearings, and 252 other infraction related hearings. EMC
conducted 136 ex parte infraction hearings on written statements, a process which
allows a person to respond to their infraction in writing rather than appearing in court
For criminal matters, EMC presided over four jury trials in 2022. Other hearings were as
follows:
■ 532 arraignment hearings;
■ 63 bench warrant quash hearings;
■ 115 competency review hearings;
■ 582 ex parte hearings;
■ 97 guilty plea/sentencing hearings;
■ 92 motion hearings without testimony;
■ 27 motion hearings with testimony;
■ 1,370 pretrial hearings; and
■ 219 sentence compliance review hearings
EMC resumed passport processing in 2021 after a pause due to the COVID-19
pandemic. When passport processing restarted, EMC used an appointment system
where a person would call and schedule an appointment to come to the courthouse for
processing. EMC processed 128 passports in 2022.
State of the Court 2023 2
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4.1.a
In January 2023, EMC changed its procedures to allow for walk-in passport processing
Monday through Friday from 8:30 a.m. to 11:30 a.m. Since implementing this change,
we have seen a remarkable increase in the number of passports EMC is able to process.
While this change has significantly increased work for staff, EMC prioritizes bringing this
service to our community. In 2023, EMC has already processed 436 passports as of the
time of this writing.
EMC regularly uses interpreters to assist court users pursuant to RCW 2.43.030. EMC
currently has 375 active cases that require interpreter services. In 2022, EMC
conducted a jury trial where both the defendant and a witness used Korean
interpreters. Court users utilize interpreters in EMC for the following languages:
■ American Sign Language
■ Amharis
■ Arabic Moroccan Spoken
■ Arabic, Standard
■ Cham, Western (Cambodian)
■ Chines, Mandarin
■ Chinese, Yue (Cantonese)
■ Chuukese
■ Farsi, Western
■ French
■ Haitian Creole French
■ Indonesian
■ Japanese
■ Korean
■ Marshallese
■ Mongolian, Halh
■ Panjabi, Eastern
■ Portuguese
■ Romanian
■ Russian
■ Samoan
■ Somali
■ Spanish
■ Swahili
■ Tagalog
■ Thai
■ Tigrigna
■ Vietnamese
Community Court
EMC received two separate Therapeutic Court Grants from the Administrative Office of the
Courts (as authorized by SB 5476) to support our Community Court. The first grant was
$129,866 to be used for identifying individuals with substance use disorders and other
behavioral health needs and engaging those individuals with community based therapeutic
interventions. This grant was authorized for the following cost categories: personnel
salaries/benefits, staff equipment and training, and other participant services. These funds
end at the conclusion of FY23 (July 2023).
Using these grant funds, EMC was able to send three staff members to the National
Association of Drug Court Professionals (NADCP) Conference in 2022. Staff also utilized
State of the Court 2023
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4.1.a
these funds to attend statewide trainings on best practices in implementing drug court
programs. The grant also funds participant services for Community Court, including
transportation services.
EMC was awarded additional grant funding in January 2023 in the amount of $31,118. Part
of this grant included funding for a part-time Community Coordinator, which we are in the
process of hiring. The grant also provided for transportation and public defense services
for individuals participating in Community Court.
We are awaiting the end of the legislative session to find out whether ongoing state
funding will be authorized to support therapeutic court programs in courts of limited
jurisdiction. At the time of this writing, the proposed House Budget allocates $20 million
for therapeutic courts and the proposed Senate Budget allocates $15 million. This is an
ongoing priority of the District & Municipal Court Judges' Association (DMCJA).
In 2022, EMC partnered with the Edmonds Food Bank to provide grocery delivery directly
to participants at Community Court. A defendant who appears in Community Court to
review their progress with conditions also has access to services and grocery delivery. EMC
provides ORCA cards to assist with transportation to evaluations, treatment, hearings, and
attorney meetings. We continue to look for ways to expand this program and bring
valuable services and resources to our court users.
Probation Services
EMC has two probation officers, Omar Gamez and Tracie Padilla. Our probation
department offers three weekly Moral Reconation Therapy (MRT) classes. MRT is a
cognitive -behavioral approach that treats substance use disorder, domestic violence,
trauma, and other issues. The focus is to address the underlying issues that cause
problematic behavior and reduce recidivism.
Two of the MRT classes taught by EMC Probation focus on domestic violence
(DV/MRT). Probation teaches the DV/MRT class at the Community Court location,
which is more accessible to the clients currently participating. These participants may
also utilize Community Court services, such as food and transportation assistance. Our
probation officers also meet with clients in the Community Court space when more
convenient for the individual.
On March 20, 2023, EMC had its first in person/hybrid Kudos Hearing since the COVID-
19 pandemic. EMC invited court participants who had been successful during their
term of probation to come to court and be recognized for their hard work. Many
chose to share their personal stories of overcoming obstacles and provided updates
State of the Court 2023 4
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4.1.a
on the progress they had made since their offense. Many participants thanked Mr.
Gamez and Ms. Padilla for playing a pivotal role in their efforts to change and improve
their lives.
Looking Forward
1. New Technology
EMC anticipates many changes in 2023. First, we are working to bring electronic home
monitoring with victim notification technology (EMVNT) to EMC. EMVNT is capable of
notifying a victim or protected party, either directly or through a monitoring agency, when
a monitored individual enters within a restricted distance of a protected person or place.
The victim or protected party could also download an application on their phone that
would provide an alert if the monitored individual came within a certain distance of the
person. SB 5149 provides for state funding for EMVNT for indigent defendants. Uneek
Maylor, Court Administrator at EMC, has been in conversations with stakeholders in Clark
County that use EMVNT. This is a high priority for EMC to bring this technology to our
court.
EMC also plans to update its jury summons system in 2023. Currently, court staff send out
summons and hand process the responses into a spreadsheet. EMC will be obtaining a
program that will automate this process and reduce staff time spent summonsing jurors.
ll. Possession of a Controlled Substance
SB 5476, which made knowing possession of a controlled substance a misdemeanor
following the Washington State Supreme Court Decision in State v. Blake, 197 Wn.2d 170,
481 P.3d 521 (2021), sunsets on July 1, 2023. SB 5476 required law enforcement to offer a
referral to an assessment and services in lieu of booking and referring charges. Once an
individual has been referred to an assessment and services twice, criminal charges could
be filed for possession of a controlled substance.
We will not know the status of drug possession in Washington until the legislature passes a
new law this session. While four different bills were initially proposed, SB 5536 is the only
bill remaining, the latest version of which is attached to this report. SB 5536 currently
provides that knowing possession of a controlled substance is a gross misdemeanor, which
means it carries a maximum penalty of 364 days in jail and a $5,000 fine. EMC expects to
see an increase in filings and hearings if SB 5336 becomes law.
Under SB 5336, a court would be required to advise the defendant of the availability of a
pretrial diversion program at arraignment. A court may grant pretrial diversion where the
defendant agrees to obtain a substance use disorder (SUD) evaluation and engage in
State of the Court 2023 5
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4.1.a
recommended treatment. If the defendant successfully completes pretrial diversion, the
charge must be dismissed. If the defendant does not substantially comply with
recommended treatment, the court may terminate the person from pretrial diversion.
For those individuals convicted of possession of a controlled substance, SB 5536 allows the
court to suspend all jail time for a probationary period of two years if the defendant
agrees to a SUD evaluation and recommended treatment as a condition of probation. If
the individual does not agree to a SUD evaluation and treatment, SB 5536 provides for a
mandatory term of confinement of 21 days.
For those individuals that agree to treatment as a condition of probation, willfully
abandoning treatment or demonstrating a consistent failure to comply with treatment
results in the following sanctions: (1) for a defendant's first conviction, the court has
discretion to determine an appropriate sanction; (2) for a defendant's second conviction, a
court shall impose a 21 day sanction; and (3) for an individual's third or subsequent
conviction, the court shall impose a 45 day sanction.
For those individuals on probation who successfully complete treatment, SB 5536 directs
courts to terminate probation and enter an order vacating the individual's conviction
pursuant to RCW 9.96.060(6). We expect that SB 5536, if passed, will dramatically change
our court procedures, jail costs, and case filings.
Ill. Crime Lab Delays/Funding
Delays at the Washington State Patrol (WSP) Crime Laboratory significantly impact cases in
EMC. Many of the driving under the influence (DUI) cases that are charged involve analysis
of blood evidence following either an approved search warrant or the consent of the
individual. The blood must be sent to the WSP crime lab for testing to determine whether
any alcohol or controlled substances are present that may have impaired the person's
ability to operate a motor vehicle.
RCW 46.61.502 provides multiple alternative means by which a person can commit DUI.
One means is that a person drives with a blood/breath alcohol content of 0.08 or higher or
a THC concentration of 5 ng/mL of whole blood or higher. These are referred to as "per se"
DUI cases. The only way to prove a per se DUI is to have a test result. However, delays at
the WSP crime lab have resulted in wait times of 10 to 12 months to await blood results.
This leaves the prosecuting attorney in the position of either (1) dismissing the case
without prejudice and refiling once the blood analysis is received if within the statute of
limitations; or (2) moving forward with the prosecution without this key piece of evidence
under the "affected by" prong of RCW 46.61.502.
State of the Court 2023 6
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4.1.a
The current Senate budget includes $23.7 million for land acquisition and design for two
consolidated crime laboratory facilities along the 1-5 corridor. If these funds are approved,
EMC is hopeful that the delays in the crime lab will be alleviated. While the problem will
not be fixed immediately, any solutions that allow for timely testing of evidence so as not
to delay criminal proceedings is desperately needed.
Conclusion
We look forward to continuing to serve the City of Edmonds and provide access to justice
for court users in 2023. This concludes the Edmonds Municipal Court annual report to City
Council.
State of the Court 2023 7
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4.1.b
Edmonds
Municipal Court
2023 ANNUAL REPORT
4.1.b
2022 Summary
3,238 cases filed in Edmonds Municipal Court
The case types break down as follows:
1,357 traffic infractions
15 non -traffic infractions
1,278 parking infractions
67 DUI cases
56 criminal traffic cases
465 criminal non -traffic cases
e
4.1.b
D.ispos. OQn
Gu i Ity Plea; OG Pretri a
Diversion
S e rgenc.i.n g
Arraignment
Pretrial
HearinglConti n u a n ce
Guilty - Sentencing
GrRLJ 3_5 & 3.6
Not Guil
Maximum 5 years or 2 44 Jgcr Trial �
Maximum x im u m 5 years or C a se d ismissed
years probation
years pr-obation prejudis
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532 arraignments
63 bench warrant quash hearings
115 competency reviews
2022 582 ex parte hearings
97 guilty plea/sentencing hearings
Hearings 92 motions without testimony
27 motions with testimony (CrRLJ 3.5/3.6)
by Type 1,370 pretrial hearings
219 sentence compliance review hearings
(i.e., probation violations)
4 jury trials
American Sign Language
Marshallese.
Amharic
Mongolian, Halh
Arabic Moroccan Spoken
Panjabi, Eastern
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Arabic, Standard
Portuguese
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Romanian
Chines, Mandarin
Russian
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Chuukese
Somali
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Farsi, Western
Spanish
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French
Swahili
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Haitian Creole French
Tagalog
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Indonesian
Thai
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Japanese
Tigrigna
Korean
Vietnamese
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Community
Court Update
••• $160,984 grants from AOC for therapeutic court
use (SB 5476)
••• Identifying individuals with substance use
disorders and other behavioral health needs
••• Engaging those individuals with community
based therapeutic interventions
••• Covers some personnel expenses, staff training,
equipment, and participant services
••• Continue trying to find ways to expand and
improve community outreach
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Probation Services
••• Edmonds Municipal Court has two
probation officers
••• Offering three weekly Moral Reconation
Therapy (M RT) classes
••• Two of these classes are specifically
focused on domestic violence (DV/MRT)
••• Meeting clients, teaching classes, and
offering services at the Community Court
location when more convenient for the
individual
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4.1.b
Passports
••• Resumed passport processing November 1,
2021 using an appointment system
••• Processed 128 passport in 2022
••• Became clear that appointment system was
not meeting needs of community
••• On January 23, 2023 changed to walk-in
passport processing Monday through Friday
from 8:30 a.m. to 1 1:30 a.m.
••• Based on change, have already processed
436 passports in 2023
Looking
Forward
4.1.b
❖ Bringing electronic home monitoring with
technology to Edmonds Municipal Court
❖ Updating jury summons system
❖ If passed, SB 5536 will make knowing
substance a gross misdemeanor with
victim notification �
possession of a controlled
pretrial diversion and
mandatory jail sentences/sanctions upon non-compliance with
treatment
❖ Washington State Crime Laboratory delays and impacts on
Edmonds Municipal Court
4.1.b
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ENGROSSED SECOND SUBSTITUTE SENATE BILL 5536
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Robinson,
Lovick, Rolfes, Mullet, Dhingra, Billig, Hasegawa, Keiser, Kuderer,
Liias, Lovelett, Nobles, Randall, Stanford, Wellman, and C. Wilson)
READ FIRST TIME 02/24/23.
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AN ACT Relating to justice system and behavioral health responses
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for persons experiencing circumstances that involve
controlled
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substances, counterfeit substances, legend drugs,
and drug
paraphernalia; amending RCW 69.50.4011, 69.50.4013,
69.50.4014,
69.41.030, 69.50.509, 69.50.4121, 9.96.060, 36.70A.200,
71.24.589,
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71.24.590, 10.31.110, and 84.36.043; amending 2021 c
311 s 29
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(uncodif ied) ; adding a new section to chapter 43.43 RCW;
adding new
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sections to chapter 69.50 RCW; adding a new section to chapter 43.330
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RCW; adding a new section to chapter 26.12 RCW; adding new sections
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to chapter 71.24 RCW; adding new sections to chapter
43.216 RCW;
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creating new sections; repealing RCW 10.31.115;
prescribing
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penalties; making appropriations; providing effective
dates; and
declaring an emergency.
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14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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NEW SECTION. Sec. 1. The legislature finds that substance use
disorders are a public health issue. Solutions must address not only
the criminal legal response, but be data -driven, evidence -based, and
represent best practices, working directly with people who use drugs
to prevent overdose and infectious disease transmission, and improve
the physical, mental, and social well-being of those served. The
state must follow principles of harm reduction, which means practical
P. 1 E2SSB 5536
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strategies aimed at reducing negative consequences associated with
drug use. Harm reduction involves safer use of supplies as well as
care settings, staffing, and interactions that are person -centered,
supportive, and welcoming.
The legislature finds that the recommendations of the substance
use recovery services advisory committee reflect hours of diligent
work by individuals with a range of professional and personal
experience, who brought that experience to the committee, and whose
expertise is reflected in the recommendations.
Part I - Prohibiting Knowing Possession of a Controlled Substance,
Counterfeit Substance, or Legend Drug
Sec. 2. RCW 69.50.4011 and 2003 c 53 s 332 are each amended to
read as follows:
(1) Except as authorized by this chapter, it is unlawful for any
person to (( ))_
(a) Create or deliver a counterfeit substance; or
(b) Knowingly possess a counterfeit substance.
(2) Any person who violates subsection (1)(a) of this section
with respect to:
(a) A counterfeit substance classified in Schedule I or II which
is a narcotic drug, or flunitrazepam classified in Schedule IV, is
guilty of a class B felony and upon conviction may be imprisoned for
not more than 10 years, fined not more than ((Twenty -fire
theusand elel , & ) ) $25, 000, or both;
(b) A counterfeit substance which is methamphetamine, is guilty
of a class B felony and upon conviction may be imprisoned for not
more than ((ten)) 10 years, fined not more than ((twenty-f--e
the:asand ele l , ") ) $25, 000, or both;
(c) Any other counterfeit substance classified in Schedule I, II,
or III, is guilty of a class C felony punishable according to chapter
9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except
flunitrazepam, is guilty of a class C felony punishable according to
chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty
of a class C felony punishable according to chapter 9A.20 RCW.
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3)(a) A violation of subsection (1)(b) of this section is a
gross misdemeanor. The prosecutor is encouraged to divert such cases
for assessment, treatment, or other services.
(b) In lieu of jail booking and referral to the prosecutor, law
enforcement is encouraged to offer a referral to assessment and
services available under RCW 10.31.110 or other program or entity
responsible for receiving referrals in lieu of legal system
involvement, which may include, but are not limited to, arrest and
!ail alternative programs established under RCW 36.28A.450, law
enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(c) Upon arraignment for a violation of subsection (1)(b) of this
section, the court shall advise the defendant of the pretrial
diversion program as indicated in section 10(2) of this act.
Sec. 3. RCW 69.50.4013 and 2022 c 16 s 86 are each amended to
read as follows:
(1) It is unlawful for any person to knowingly possess a
controlled substance unless the substance was obtained directly from,
or pursuant to, a valid prescription or order of a practitioner while
acting in the course of his or her professional practice, or except
as otherwise authorized by this chapter.
(2)(a) Except as provided in RCW 69.50.4014, ((
-.z3ei ,t, this eetieT, is giarlty of a elass C feleny pidnishable i n�cr
e t.2Z0 RGW) ) a violation of this section is a _ gross
misdemeanor. The prosecutor is encouraged to divert such cases for
assessment, treatment, or other services.
(b) In lieu of jail booking and referral to the prosecutor, law
enforcement is encouraged to offer a referral to assessment and
services available under RCW 10.31.110 or other program or entity
responsible for receiving referrals in lieu of legal system
involvement, which may include, but are not limited to, arrest and
!ail alternative programs established under RCW 36.28A.450, law
enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(c) Upon arraignment for a violation of this section, the court
shall advise the defendant of the availability of the pretrial
diversion program as indicated in section 10(2) of this act.
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(3)(a) The possession, by a person (( )) 21 years of age
or older, of useable cannabis, cannabis concentrates, or cannabis -
infused products in amounts that do not exceed those set forth in RCW
69.50.360(3) is not a violation of this section, this chapter, or any
other provision of Washington state law.
(b) The possession of cannabis, useable cannabis, cannabis
concentrates, and cannabis -infused products being physically
transported or delivered within the state, in amounts not exceeding
those that may be established under RCW 69.50.385(3), by a licensed
employee of a common carrier when performing the duties authorized in
accordance with RCW 69.50.382 and 69.50.385, is not a violation of
this section, this chapter, or any other provision of Washington
state law.
(4)(a) The delivery by a person (( )) 21 years of age or
older to one or more persons ((twenty-cnc)) 21 years of age or older,
during a single ((twee )) 24 hour period, for noncommercial
purposes and not conditioned upon or done in connection with the
provision or receipt of financial consideration, of any of the
following cannabis products, is not a violation of this section, this
chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable cannabis;
(ii) Eight ounces of cannabis -infused product in solid form;
(iii) ((ThiCH_)) 36 ounces of cannabis -infused product in
liquid form; or
(iv) Three and one-half grams of cannabis concentrates.
(b) The act of delivering cannabis or a cannabis product as
authorized under this subsection (4) must meet one of the following
requirements:
(i) The delivery must be done in a location outside of the view
of general public and in a nonpublic place; or
(ii) The cannabis or cannabis product must be in the original
packaging as purchased from the cannabis retailer.
(5) No person under ((twenty -ens)) 21 years of age may
((pessess,)) manufacture, sell, ((e-ia)) distribute, or knowingly
possess cannabis, cannabis -infused products, or cannabis
concentrates, regardless of THC concentration. This does not include
qualifying patients with a valid authorization.
(6) The possession by a qualifying patient or designated provider
of cannabis concentrates, useable cannabis, cannabis -infused
products, or plants in accordance with chapter 69.51A RCW is not a
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violation of this section, this chapter, or any other provision of
Washington state law.
Sec. 4. RCW 69.50.4014 and 2022 c 16 s 88 are each amended to
read as follows:
(1L Except as provided in RCW 69.50.401(2)(c) or as otherwise
authorized by this chapter, any person found guilty of knowing
possession of ((ferty)) 40 grams or less of cannabis is guilty of a
misdemeanor. The prosecutor is encouraged to divert such cases for
assessment, treatment, or other services.
(2) In lieu of jail booking and referral to the prosecutor, law
enforcement is encouraged to offer a referral to assessment and
services available under RCW 10.31.110 or other program or entity
responsible for receiving referrals in lieu of legal system
involvement, which may include, but are not limited to, arrest and
jail alternative programs established under RCW 36.28A.450, law
enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(3) Upon arraignment for violation of this section, the court
shall advise the defendant of the availability of the pretrial
diversion program as indicated in section 10(2) of this act.
Sec. 5. RCW 69.41.030 and 2020 c 80 s 41 are each amended to
read as follows:
(1) It shall be unlawful for any person to sell((,,—)) or deliver
any legend drug, or knowingly possess any legend drug except upon the
order or prescription of a physician under chapter 18.71 RCW, an
osteopathic physician and surgeon under chapter 18.57 RCW, an
optometrist licensed under chapter 18.53 RCW who is certified by the
optometry board under RCW 18.53.010, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a
veterinarian under chapter 18.92 RCW, a commissioned medical or
dental officer in the United States armed forces or public health
service in the discharge of his or her official duties, a duly
licensed physician or dentist employed by the veterans administration
in the discharge of his or her official duties, a registered nurse or
advanced registered nurse practitioner under chapter 18.79 RCW when
authorized by the nursing care quality assurance commission, a
pharmacist licensed under chapter 18.64 RCW to the extent permitted
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by drug therapy guidelines or protocols established under RCW
18.64.011 and authorized by the commission and approved by a
practitioner authorized to prescribe drugs, a physician assistant
under chapter 18.71A RCW when authorized by the Washington medical
commission, or any of the following professionals in any province of
Canada that shares a common border with the state of Washington or in
any state of the United States: A physician licensed to practice
medicine and surgery or a physician licensed to practice osteopathic
medicine and surgery, a dentist licensed to practice dentistry, a
podiatric physician and surgeon licensed to practice podiatric
medicine and surgery, a licensed advanced registered nurse
practitioner, a licensed physician assistant, or a veterinarian
licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the
above provisions shall not apply to sale, delivery, or possession by
drug wholesalers or drug manufacturers, or their agents or employees,
or to any practitioner acting within the scope of his or her license,
or to a common or contract carrier or warehouse operator, or any
employee thereof, whose possession of any legend drug is in the usual
course of business or employment: PROVIDED FURTHER, That nothing in
this chapter or chapter 18.64 RCW shall prevent a family planning
clinic that is under contract with the health care authority from
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized, licensed
health care practitioners: PROVIDED FURTHER, That nothing in this
chapter prohibits possession or delivery of legend drugs by an
authorized collector or other person participating in the operation
of a drug take -back program authorized in chapter 69.48 RCW.
(2)(a) A violation of this section involving the sale, delivery,
or possession with intent to sell or deliver is a class B felony
punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving knowing possession is a
misdemeanor. The prosecutor is encouraged to divert such cases for
assessment, treatment, or other services.
(c) In lieu of !ail booking and referral to the prosecutor for a
violation of this section involving knowing possession, law
enforcement is encouraged to offer a referral to assessment and
services available under RCW 10.31.110 or other program or entity
responsible for receiving referrals in lieu of legal system
involvement, which may include, but are not limited to, arrest and
jail alternative programs established under RCW 36.28A.450, law
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enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(d) Upon arraignment for a violation of this section involving
knowing possession, the court shall advise the defendant of the
availabilitv of the pretrial diversion broaram as indicated in
section 10(2) of this act.
Sec. 6. RCW 69.50.509 and 1987 c 202 s 228 are each amended to
read as follows:
If, upon the sworn complaint of any person, it shall be made to
appear to any judge of the superior court, district court, or
municipal court that there is probable cause to believe that any
controlled substance is being used, manufactured, sold, bartered,
exchanged, administered, dispensed, delivered, distributed, produced,
knowingly
_ possessed, given away, furnished or otherwise disposed of
or kept in violation of the provisions of this chapter, such judge
shall, with or without the approval of the prosecuting attorney,
issue a warrant directed to any law enforcement officer of the state,
commanding him or her to search the premises designated and described
in such complaint and warrant, and to seize all controlled substances
there found, together with the vessels in which they are contained,
and all implements, furniture and fixtures used or kept for the
illegal manufacture, sale, barter, exchange, administering,
dispensing, delivering, distributing, producing, possessing, giving
away, furnishing or otherwise disposing of such controlled
substances, and to safely keep the same, and to make a return of said
warrant within three days, showing all acts and things done
thereunder, with a particular statement of all articles seized and
the name of the person or persons in whose possession the same were
found, if any, and if no person be found in the possession of said
articles, the returns shall so state. The provisions of RCW 10.31.030
as now or hereafter amended shall apply to actions taken pursuant to
this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 43.43
RCW to read as follows:
The Washington state patrol bureau of forensic laboratory
services shall aim to complete the necessary analysis for any
evidence submitted for a suspected violation of RCW 69.50.4011(1)(b),
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69.50.4013, or 69.41.030 within 45 days of receipt of the request for
analysis.
The Washington state patrol bureau of forensic laboratory
services' failure to comply with this section shall not constitute
grounds for dismissal of a criminal charge.
NEW SECTION. Sec. 8. The following sums, or as much thereof as
may be necessary, are each appropriated to the Washington state
patrol: $780,000 from the state general fund for the fiscal year
ending June 30, 2024; and $425,000 from the state general fund for
the fiscal year ending June 30, 2025. The amounts in this section are
provided solely to support the Washington state patrol bureau of
forensic laboratory services in completing the necessary analysis for
any evidence submitted for a suspected violation of RCW
69.50.4011(1)(b), 69.50.4013, or 69.41.030 within 45 days of receipt
of the request for analysis.
Part II - Relating to Drug Paraphernalia
Sec. 9. RCW 69.50.4121 and 2022 c 16 s 92 are each amended to
read as follows:
(1) Every person who sells (( ,)) or permits to be sold
((eL- n)) to any person any drug paraphernalia in any form commits
a class I civil infraction under chapter 7.80 RCW. For purposes of
this subsection, "drug paraphernalia" means all equipment, products,
and materials of any kind which are used, intended for use, or
designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, ((testing, ,)) packaging,
repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled
substance other than cannabis. Drug paraphernalia includes, but is
not limited to objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing cocaine into the human
body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
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(d) Smoking and carburetion masks;
(e) Miniature cocaine spoons and cocaine vials;
(f) Chamber pipes;
(g) Carburetor pipes;
(h) Electric pipes;
(i) Air -driven pipes; and
(j) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the defendant
to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits ((mil))
distribution ((e# jeet ie~)) or use of public health supplies
including, but not limited to, syringe equipment, smoking equipment,
or drug testing equipment, through public health ((erd)) programs,
community=based HIV prevention programs, and pharmacies. Public
health and syringe service program staff taking samples of substances
and using drug testing equipment for the purpose of analyzincr the
composition of the substances or detecting the presence of certain
substances are acting legally and are exempt from arrest and
prosecution under RCW 69.50.4011, 69.50.4013, 69.50.4014, or
69.41.030.
Part III - Creating a Pretrial Diversion Program for Individuals
Charged with Possession and Vacating Possession Convictions
NEW SECTION. Sec. 10. A new section is added to chapter 69.50
RCW to read as follows:
(1) Nothing in this section prevents the defense, with the
consent of the prosecutor as required by RCW 2.30.030, from seeking
to resolve charges of possession under RCW 69.50.4011(1)(b),
69.50.4013, 69.50.4014, or 69.41.030 through available therapeutic
courts or other alternatives to prosecution.
(2) For any charged violation of RCW 69.50.4011(1)(b),
69.50.4013, 69.50.4014, or 69.41.030, the court shall advise the
defendant and his or her attorney of the pretrial diversion program.
This notification must include all of the following:
(a) A full description of the procedures for pretrial diversion;
(b) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in the process;
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(c) A clear statement that the court may grant pretrial diversion
with respect to any offense under RCW 69.50.4011(1)(b), 69.50.4013,
69.50.4014, or 69.41.030 that is charged, provided that the defendant
pleads not guilty to the charge or charges, waives the right to a
speedy trial and that upon the defendant's successful completion of
the program, as specified in subsection (12)(d) of this section, the
positive recommendation of the program authority and motion of the
defendant, prosecuting attorney, the court, or the probation
department, the court must dismiss the charge or charges against the
defendant;
(d) A clear statement that if the defendant has not substantially
complied with services provided that are appropriate to the
defendant's circumstances, the prosecuting attorney may make a motion
to terminate pretrial diversion and schedule further proceedings as
otherwise provided in this section;
(e) An explanation of criminal record retention and disposition
resulting from participation in the pretrial diversion program and
the defendant's rights relative to answering questions about his or
her arrest and pretrial diversion following successful completion of
the program; and
(f) A clear statement that under federal law it is unlawful for
any person who is an unlawful user of or addicted to any controlled
substance to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition, or to
receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
( 3 ) Upon a motion of the defendant and agreement to waive his or
her right to a speedy trial if granted pretrial diversion, the court
may grant the motion and continue the hearing and refer the defendant
for an assessment by any substance use disorder treatment program as
designated in chapter 71.24 RCW.
(4)(a) For defendants who agree to participate in the diversion
program, the state shall make resources available to assist the
defendant in obtaining a substance use disorder evaluation within
seven days of the defendant's agreement to participate in the
diversion program. The substance use evaluation must be provided at
no expense to defendants who qualify for public defense services or
who are found to be indigent by the court. The evaluation must be
provided at a location that is accessible to the defendant, and the
court must provide the defendant with transportation assistance if
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such assistance is necessary to make the evaluation accessible to the
defendant. The court may contract with a third party to provide
substance use disorder assessments and services, which may be
collocated at the court or be provided at alternative locations.
(b) The state shall reimburse local courts for costs associated
with the substance use disorder assessments and related travel under
this subsection.
(5) The treatment program must make a written report to the court
stating its findings and recommendations after the examination. The
report shall be filed under seal with the court.
(6) The report with the treatment or service plan must be filed
with the court and a copy given to the prosecutor, the defendant, and
the defendant's counsel.
(7) Subject to the availability of funds appropriated for this
purpose, the assessment and recommended services or treatment must be
provided at no cost for individuals who have been found to be
indigent by the court.
(8) Once the diagnostic and treatment recommendation has been
filed with the court, if the report indicates the individual has a
substance use disorder, the court shall inform the individual that
under federal law the individual may not possess any firearm or
ammunition. The court shall thereafter sign an order of ineligibility
to possess firearms as required by RCW 9.41.800 and shall require the
individual to surrender all firearms in accordance with RCW 9.41.804.
(9) No statement, or any information procured therefrom relating
to the charge for which the defendant is receiving treatment or
services, made by the defendant to any treatment or service provider,
that is made during the course of any assessment or services provided
by the treatment program pursuant to subsections (4) through (6) of
this section, and before the reporting of the findings and
recommendations to the court, may be admissible in any action or
proceeding brought subsequent to the investigation.
(10) A defendant's participation in pretrial diversion under this
section does not constitute a conviction, a stipulation to facts, or
an admission of guilt for any purpose.
(11) At the time that pretrial diversion is granted, any bail
bond on file by or on behalf of the defendant must be exonerated, and
the court must enter an order so directing.
(12)(a) If it appears to the prosecuting attorney that the
defendant is not substantially complying in the recommended treatment
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or services, that the defendant is convicted of an offense that
reflects the defendant's propensity for violence, that the defendant
is charged with a subsequent violation of RCW 69.50.4011(1)(b),
69.50.4013, or 69.41.030, or that the defendant is convicted of a
felony, the prosecuting attorney may make a motion for termination
from pretrial diversion.
(b) After notice to the defendant, the court must hold a hearing
to determine whether pretrial diversion shall be terminated.
(c) If the court finds that the defendant is not substantially
complying in the recommended treatment or services, or the court
finds that the defendant has been convicted of an intervening crime
as indicated in (a) of this subsection, the court must schedule the
matter for further proceedings.
(d) If the defendant has successfully completed pretrial
diversion, including substantial compliance with recommended
treatment or services, at the end of that period, the criminal
possession charge or charges must be dismissed.
NEW SECTION. Sec. 11. A new section is added to chapter 69.50
RCW to read as follows:
(1) Prior to sentencing any person convicted of violating RCW
69.50.4011(1)(b), 69.50.4013, 69.50.4014, or 69.41.030(2)(b), the
court shall inform the person that under federal law it is unlawful
for any person who is an unlawful user of or addicted to any
controlled substance to ship or transport in interstate or foreign
commerce, or possess in or affecting commerce, any firearm or
ammunition, or to receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.
(2) In courts of limited jurisdiction, an individual who is
convicted of a violation of RCW 69.50.4011(1)(b), 69.50.4013, or
69.41.030(2)(b) shall be sentenced as follows:
(a) For individuals convicted of a violation of RCW
69.50.4011(1)(b) or 69.50.4013, if the sentenced individual agrees as
a condition of probation to submit to a substance use disorder
assessment and comply with recommended treatment, to a term of
confinement of up to 364 days all of which shall be suspended for a
period not to exceed two years. The court shall give the individual
credit for all confinement time served before the sentence if the
confinement was solely in regard to the offense for which the
individual is being sentenced;
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(b) For individuals convicted of a violation of RCW
69.41.030(2)(b), if the sentenced individual agrees as a condition of
probation to submit to a substance use disorder assessment and comply
with recommended treatment, to a term of confinement of up to 90 days
all of which shall be suspended for a period not to exceed one year;
and
(c) For individuals convicted of a violation of RCW
69.50.4011(1)(b), 69.50.4013, or 69.41.030(2)(b) where the legend
drug is classified as schedule II substance under RCW 69.50.206, if
the sentenced individual refuses to submit to a substance use
disorder assessment and comply with the recommended treatment as a
condition of probation, to imprisonment for a term of not less than
21 days. The sentencing court shall give the individual credit for
all confinement time served before the sentencing if the confinement
was solely in regard to the offense for which the individual is being
sentenced.
(3) For individuals sentenced under subsection (2)(a) or (b) of
this section, the court shall order as a condition of probation the
individual to submit to a substance use disorder assessment and
comply with the recommended treatment.
(a) The court shall assist the defendant in obtaining a substance
use disorder evaluation within seven days of the defendant's
agreement to participate in the diversion program. The substance use
evaluation shall be provided at no expense to defendants who qualify
for public defense services or who are found to be indigent by the
court. The evaluation shall be provided at a location that is
accessible to the defendant, and the court shall provide the
defendant with transportation assistance if such assistance is
necessary to make the evaluation accessible to the defendant. The
court may contract with a third party to provide substance use
disorder assessments and services, which may be collocated at the
court or be provided at alternative locations. The state shall
reimburse local courts for costs associated with the substance use
disorder assessments under this subsection.
(b) A diagnostic evaluation and treatment recommendation shall be
prepared by a substance use disorder treatment program licensed or
certified by the department of health or a qualified probation
department approved by the department of social and health services.
A copy of the report shall be forwarded to the court and filed under
seal. Based on the diagnostic evaluation, the court shall determine
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whether the person shall be required to complete a course in an
alcohol and drug information school licensed or certified by the
department of health or more intensive treatment in an approved
treatment program licensed or certified by the department of health.
(c) Once the diagnostic evaluation and treatment recommendation
has been filed with the court, if the report indicates the individual
has a substance use disorder, the court shall inform the individual
that under federal law the individual may not possess any firearm or
ammunition. The court shall thereafter sign an order of ineligibility
to possess firearms as required by RCW 9.41.800.
(d) The diagnostic evaluation and treatment recommendation shall
include the following:
(i) Type of treatment;
(ii) Nature of treatment;
(iii) Length of treatment;
(iv) A treatment time schedule; and
(v) Approximate cost of the treatment.
(4) A person subject to substance use disorder assessment and
treatment shall be required by the court to complete a course in an
alcohol and drug information school certified by the department of
health or to complete more intensive treatment in a treatment program
licensed or certified by the department of health, as determined by
the court.
(5) All individuals providing treatment under this section shall
implement the integrated and comprehensive screening and assessment
process for co-occurring substance use and mental health disorders
adopted under RCW 71.24.630.
(6) Any agency that provides treatment ordered under this
section, must report to the appropriate probation department where
applicable, otherwise to the court, any noncompliance by a person
with the conditions of the person's ordered treatment.
(7) Subject to the availability of funds appropriated for this
purpose, the substance use disorder assessment and recommended
treatment as ordered by the court shall be provided at no cost for
sentenced individuals who have been found to be indigent by the
court.
(8) As a condition of probation, the sentenced individual must
comply with the treatment recommendations of the substance use
disorder assessment.
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(9)(a) If it appears to the prosecuting attorney or the court,
that the sentenced individual is performing unsatisfactorily in the
recommended treatment program, the prosecuting attorney, or the court
on its own, shall make a motion for a hearing to consider sanctions.
After notice to the sentenced individual, the court shall hold a
hearing to determine if a sanction or revocation of the individual's
suspended sentence, or any part thereof, is warranted under RCW
3.50.340 or 3.66.069.
(b) The court may not sanction an individual for failing to
comply with the recommended treatment if the court finds the
sentenced individual has made reasonable efforts to comply with the
recommended treatment but cannot comply either due to a lack of
available treatment or, for sentenced individuals found to be
indigent by the court, due to a lack of funding for treatment.
(10) For individuals sentenced under subsection (2)(a) of this
section, if at any point the court finds by a preponderance of the
evidence that the sentenced individual has willfully abandoned or
demonstrated a consistent failure to comply with the recommended
treatment, the court shall reinstate a portion of the individual's
suspended sentence as follows:
(a) For an individual's first instance of being sentenced under
this section, the court shall use its discretion in determining an
appropriate amount of time of the individual's suspended sentence to
reinstate given the facts and circumstances of the particular case;
(b) For an individual's second instance of being sentenced under
this section, the court shall reinstate no less than 21 days of the
individual's suspended sentence; and
(c) For an individual's third or subsequent instance of being
sentenced under this section, the court shall reinstate no less than
45 days of the individual's suspended sentence.
(11) For individuals sentenced under subsection (2)(a) of this
section, the court may deem any subsequent charge filed against the
individual for violation of RCW 69.50.4011(1)(b), 69.50.4013, or
69.41.030 a willful abandonment of treatment.
(12) If the individual has successfully completed the recommended
treatment program, the individual must file proof of successful
completion with the court at which time the court must terminate
probation and enter an order vacating the individual's conviction
under RCW 9.96.060(6).
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Sec. 12. RCW 9.96.060 and 2022 c 16 s 7 are each amended to read
as follows:
(1) When vacating a conviction under this section, the court
effectuates the vacation by: (a)(i) Permitting the applicant to
withdraw the applicant's plea of guilty and to enter a plea of not
guilty; or (ii) if the applicant has been convicted after a plea of
not guilty, the court setting aside the verdict of guilty; and (b)
the court dismissing the information, indictment, complaint, or
citation against the applicant and vacating the judgment and
sentence.
(2) Every person convicted of a misdemeanor or gross misdemeanor
offense may apply to the sentencing court for a vacation of the
applicant's record of conviction for the offense. If the court finds
the applicant meets the requirements of this subsection, the court
may in its discretion vacate the record of conviction. Except as
provided in subsections (3), (4), ((and)) (5), and (6) of this
section, an applicant may not have the record of conviction for a
misdemeanor or gross misdemeanor offense vacated if any one of the
following is present:
(a) The applicant has not completed all of the terms of the
sentence for the offense;
(b) There are any criminal charges against the applicant pending
in any court of this state or another state, or in any federal or
tribal court, at the time of application;
(c) The offense was a violent offense as defined in RCW 9.94A.030
or an attempt to commit a violent offense;
(d) The offense was a violation of RCW 46.61.502 (driving while
under the influence), 46.61.504 (actual physical control while under
the influence), 9.91.020 (operating a railroad, etc. while
intoxicated), or the offense is considered a "prior offense" under
RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug
violation within ten years of the date of arrest for the prior
offense or less than ten years has elapsed since the date of the
arrest for the prior offense;
(e) The offense was any misdemeanor or gross misdemeanor
violation, including attempt, of chapter 9.68 RCW (obscenity and
pornography), chapter 9.68A RCW (sexual exploitation of children), or
chapter 9A.44 RCW (sex offenses), except for failure to register as a
sex offender under RCW 9A.44.132;
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(f) The applicant was convicted of a misdemeanor or gross
misdemeanor offense as defined in RCW 10.99.020, or the court
determines after a review of the court file that the offense was
committed by one family or household member against another or by one
intimate partner against another, or the court, after considering the
damage to person or property that resulted in the conviction, any
prior convictions for crimes defined in RCW 10.99.020, or for
comparable offenses in another state or in federal court, and the
totality of the records under review by the court regarding the
conviction being considered for vacation, determines that the offense
involved domestic violence, and any one of the following factors
exist:
(i) The applicant has not provided written notification of the
vacation petition to the prosecuting attorney's office that
prosecuted the offense for which vacation is sought, or has not
provided that notification to the court;
(ii) The applicant has two or more domestic violence convictions
stemming from different incidents. For purposes of this subsection,
however, if the current application is for more than one conviction
that arose out of a single incident, none of those convictions counts
as a previous conviction;
(iii) The applicant has signed an affidavit under penalty of
perjury affirming that the applicant has not previously had a
conviction for a domestic violence offense, and a criminal history
check reveals that the applicant has had such a conviction; or
(iv) Less than five years have elapsed since the person completed
the terms of the original conditions of the sentence, including any
financial obligations and successful completion of any treatment
ordered as a condition of sentencing;
(g) For any offense other than those described in (f) of this
subsection, less than three years have passed since the person
completed the terms of the sentence, including any financial
obligations;
(h) The offender has been convicted of a new crime in this state,
another state, or federal or tribal court in the three years prior to
the vacation application; or
(i) The applicant is currently restrained by a domestic violence
protection order, a no -contact order, an antiharassment order, or a
civil restraining order which restrains one party from contacting the
other party or was previously restrained by such an order and was
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found to have committed one or more violations of the order in the
five years prior to the vacation application.
(3) If the applicant is a victim of sex trafficking,
prostitution, or commercial sexual abuse of a minor; sexual assault;
or domestic violence as defined in RCW 9.94A.030, or the prosecutor
applies on behalf of the state, the sentencing court may vacate the
record of conviction if the application satisfies the requirements of
RCW 9.96.080. When preparing or filing the petition, the prosecutor
is not deemed to be providing legal advice or legal assistance on
behalf of the victim, but is fulfilling an administrative function on
behalf of the state in order to further their responsibility to seek
to reform and improve the administration of criminal justice. A
record of conviction vacated using the process in RCW 9.96.080 is
subject to subsections (((6) and)) (7) and (8) of this section.
(4) Every person convicted prior to January 1, 1975, of violating
any statute or rule regarding the regulation of fishing activities,
including, but not limited to, RCW 75.08.260, 75.12.060, 75.12.070,
75.12.160, 77.16.020, 77.16.030, 77.16.040, 77.16.060, and 77.16.240
who claimed to be exercising a treaty Indian fishing right, may apply
to the sentencing court for vacation of the applicant's record of the
misdemeanor, gross misdemeanor, or felony conviction for the offense.
If the person is deceased, a member of the person's family or an
official representative of the tribe of which the person was a member
may apply to the court on behalf of the deceased person.
Notwithstanding the requirements of RCW 9.94A.640, the court shall
vacate the record of conviction if:
(a) The applicant is a member of a tribe that may exercise treaty
Indian fishing rights at the location where the offense occurred; and
(b) The state has been enjoined from taking enforcement action of
the statute or rule to the extent that it interferes with a treaty
Indian fishing right as determined under United States v. Washington,
384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp.
899 (D. Oregon 1969), and any posttrial orders of those courts, or
any other state supreme court or federal court decision.
(5) Every person convicted of a misdemeanor cannabis offense, who
was (( )) 21 years of age or older at the time of the
offense, may apply to the sentencing court for a vacation of the
applicant's record of conviction for the offense. A misdemeanor
cannabis offense includes, but is not limited to: Any offense under
RCW 69.50.4014, from July 1, 2004, onward, and its predecessor
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statutes, including RCW 69.50.401(e), from March 21, 1979, to July 1,
2004, and RCW 69.50.401(d), from May 21, 1971, to March 21, 1979, and
any offense under an equivalent municipal ordinance. If an applicant
qualifies under this subsection, the court shall vacate the record of
conviction.
(6) If an individual who successfully completes a substance use
disorder treatment program as required under section 11 of this act
files proof of completion with the court, upon verification that the
individual successfully completed the substance use disorder
treatment program, the court must vacate the conviction or
convictions.
(7Z A person who is a family member of a homicide victim may
apply to the sentencing court on the behalf of the victim for
vacation of the victim's record of conviction for prostitution under
RCW 9A.88.030. If an applicant qualifies under this subsection, the
court shall vacate the victim's record of conviction.
((+7+)) (8) (a) Except as provided in (c) of this subsection, once
the court vacates a record of conviction under this section, the
person shall be released from all penalties and disabilities
resulting from the offense and the fact that the person has been
convicted of the offense shall not be included in the person's
criminal history for purposes of determining a sentence in any
subsequent conviction. For all purposes, including responding to
questions on employment or housing applications, a person whose
conviction has been vacated under this section may state that he or
she has never been convicted of that crime. However, nothing in this
section affects the requirements for restoring a right to possess a
firearm under RCW 9.41.040. Except as provided in (b) of this
subsection, nothing in this section affects or prevents the use of an
offender's prior conviction in a later criminal prosecution.
(b) When a court vacates a record of domestic violence as defined
in RCW 10.99.020 under this section, the state may not use the
vacated conviction in a later criminal prosecution unless the
conviction was for: (i) Violating the provisions of a restraining
order, no -contact order, or protection order restraining or enjoining
the person or restraining the person from going on to the grounds of
or entering a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, a protected
party's person, or a protected party's vehicle (RCW 10.99.040,
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10.99.050, 26.09.300, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070,
or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and
74.34.145); (ii) stalking (RCW 9A.46.110); or (iii) a domestic
violence protection order or vulnerable adult protection order
entered under chapter 7.105 RCW. A vacated conviction under this
section is not considered a conviction of such an offense for the
purposes of 27 C.F.R. 478.11.
(c) A conviction vacated on or after July 28, 2019, qualifies as
a prior conviction for the purpose of charging a present recidivist
offense as defined in RCW 9.94A.030 occurring on or after July 28,
2019.
((+8+)) (9) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the conviction
to the Washington state patrol identification section and to the
local police agency, if any, which holds criminal history information
for the person who is the subject of the conviction. The Washington
state patrol and any such local police agency shall immediately
update their records to reflect the vacation of the conviction, and
shall transmit the order vacating the conviction to the federal
bureau of investigation. A conviction that has been vacated under
this section may not be disseminated or disclosed by the state patrol
or local law enforcement agency to any person, except other criminal
justice enforcement agencies.
(({9+)) (10) For the purposes of this section, "cannabis" has the
meaning provided in RCW 69.50.101.
Part IV - Opioid Treatment Rural Access and Expansion
Sec. 13. RCW 36.70A.200 and 2021 c 265 s 2 are each amended to
read as follows:
(1)(a) The comprehensive plan of each county and city that is
planning under RCW 36.70A.040 shall include a process for identifying
and siting essential public facilities. Essential public facilities
include those facilities that are typically difficult to site, such
as airports, state education facilities and state or regional
transportation facilities as defined in RCW 47.06.140, regional
transit authority facilities as defined in RCW 81.112.020, state and
local correctional facilities, solid waste handling facilities,
opioid treatment programs including both mobile and fixed -site
medication units, recovery residences, harm reduction programs
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excluding safe injection sites, and inpatient facilities including
substance ((ewe)) use disorder treatment facilities, mental health
facilities, group homes, community facilities as defined in RCW
72.05.020, and secure community transition facilities as defined in
RCW 71.09.020.
(b) Unless a facility is expressly listed in (a) of this
subsection, essential public facilities do not include facilities
that are operated by a private entity in which persons are detained
in custody under process of law pending the outcome of legal
proceedings but are not used for punishment, correction, counseling,
or rehabilitation following the conviction of a criminal offense.
Facilities included under this subsection (1)(b) shall not include
facilities detaining persons under RCW 71.09.020 (((6 ) eLa 7)
or (16) or chapter 10.77 or 71.05 RCW.
(c) The department of children, youth, and families may not
attempt to site new community facilities as defined in RCW 72.05.020
east of the crest of the Cascade mountain range unless there is an
equal or greater number of sited community facilities as defined in
RCW 72.05.020 on the western side of the crest of the Cascade
mountain range.
(d) For the purpose of this section, "harm reduction programs"
means programs that emphasize working directly with people who use
drugs to prevent overdose and infectious disease transmission,
improve the physical, mental, and social well-being of those served,
and offer low threshold options for accessing substance use disorder
treatment and other health care services.
(2) Each county and city planning under RCW 36.70A.040 shall, not
later than September 1, 2002, establish a process, or amend its
existing process, for identifying and siting essential public
facilities and adopt or amend its development regulations as
necessary to provide for the siting of secure community transition
facilities consistent with statutory requirements applicable to these
facilities.
(3) Any city or county not planning under RCW 36.70A.040 shall,
not later than September 1, 2002, establish a process for siting
secure community transition facilities and adopt or amend its
development regulations as necessary to provide for the siting of
such facilities consistent with statutory requirements applicable to
these facilities.
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(4) The office of financial management shall maintain a list of
those essential state public facilities that are required or likely
to be built within the next six years. The office of financial
management may at any time add facilities to the list.
(5) No local comprehensive plan or development regulation may
preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages based
on the good faith actions of any county or city to provide for the
siting of secure community transition facilities in accordance with
this section and with the requirements of chapter 12, Laws of 2001
2nd sp. sess. For purposes of this subsection, "person" includes, but
is not limited to, any individual, agency as defined in RCW
42.17A.005, corporation, partnership, association, and limited
liability entity.
(7) Counties or cities siting facilities pursuant to subsection
(2) or (3) of this section shall comply with RCW 71.09.341.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(3); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action.
Sec. 14. RCW 71.24.589 and 2019 c 314 s 29 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, the
authority shall ((ifftpl ale )) administer a grant
program for law enforcement assisted diversion which shall adhere to
law enforcement assisted diversion core principles recognized by the
law enforcement assisted diversion national support bureau, the
efficacy of which have been demonstrated in peer -reviewed research
studies.
( 2 ) ((Uneler the piletr-ej eet, the) ) The authority must partner
with the law enforcement assisted diversion national support bureau
to award ((, ent-ica )) contracts, subject to appropriation, for
( (twe—eLa ffiar-_ gjegr-aph_ areas)) jurisdictions in the state of
Washington for law enforcement assisted diversion. Cities, counties,
and tribes ( (Riay eeffipete—€er partieipatien in a pile ) ) L
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subdivisions thereof, public development authorities, and community -
based organizations demonstrating support from necessary public
partners, may serve as the lead agency applying for funding. Funds
may be used to scale existing projects, and to invite additional
jurisdictions to launch law enforcement assisted diversion programs.
(3) The ((pile )) program must provide for securing
comprehensive technical assistance from law enforcement assisted
diversion implementation experts to develop and implement a law
enforcement assisted diversion program ( (4:1a t—i-e i letiejeet's
geeEjLaphie aLce )) in a way that ensures fidelity to the research -
based law enforcement assisted diversion model. Sufficient funds must
be allocated from grant program funds to secure technical assistance
for the authority and for the implementing lurisdictions.
(4) The key elements of a law enforcement assisted diversion
((pilez prejeet)) program must include:
(a) Long-term case management for individuals with substance use
disorders;
(b) Facilitation and coordination with community resources
focusing on overdose prevention;
(c) Facilitation and coordination with community resources
focused on the prevention of infectious disease transmission;
(d) Facilitation and coordination with community resources
providing physical and behavioral health services;
(e) Facilitation and coordination with community resources
providing medications for the treatment of substance use disorders;
(f) Facilitation and coordination with community resources
focusing on housing, employment, and public assistance;
(g) ((Twenty Eme V)) 24 hours per day and seven days per week
response to law enforcement for arrest diversions; and
(h) Prosecutorial support for diversion services.
(5) No civil liability may be imposed by any court on the state
or its officers or employees, an appointed or elected official,
public employee, public agency as defined in RCW 4.24.470,
combination of units of government and its employees as provided in
RCW 36.28A.010, nonprofit community -based organization, tribal
government entity, tribal organization, or urban Indian organization,
based on the administration of a law enforcement assisted diversion
program or activities carried out within the purview of a grant
received under this uroaram except upon proof of bad faith or aross
negligence.
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Sec. 15. RCW 71.24.590 and 2019 c 314 s 30 are each amended to
read as follows:
(1) When making a decision on an application for licensing or
certification of ((a)) an opioid treatment program, the department
shall:
(a) Consult with the county legislative authorities in the area
in which an applicant proposes to locate a program and the city
legislative authority in any city in which an applicant proposes to
locate a program;
(b) License or certify only programs that will be sited in
accordance with the appropriate county or city land use ordinances.
Counties and cities may require conditional use permits with
reasonable conditions for the siting of programs only to the extent
that such reasonable conditional use requirements applied to opioid
treatment programs are similarly applied to other essential public
facilities and health care settings. Pursuant to RCW 36.70A.200, no
local comprehensive plan or development regulation may preclude the
siting of essential public facilities;
(c) Not discriminate in its licensing or certification decision
on the basis of the corporate structure of the applicant;
(d) Consider the size of the population in need of treatment in
the area in which the program would be located and license or certify
only applicants whose programs meet the necessary treatment needs of
that population;
(e) Consider the availability of other certified opioid treatment
programs near the area in which the applicant proposes to locate the
program;
(f) Consider the transportation systems that would provide
service to the program and whether the systems will provide
reasonable opportunities to access the program for persons in need of
treatment;
(g) Consider whether the applicant has, or has demonstrated in
the past, the capability to provide the appropriate services to
assist the persons who utilize the program in meeting goals
established by the legislature in RCW 71.24.585. The department shall
prioritize licensing or certification to applicants who have
demonstrated such capability and are able to measure their success in
meeting such outcomes;
(h) Hold one public hearing in the community in which the
facility is proposed to be located. The hearing shall be held at a
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time and location that are most likely to permit the largest number
of interested persons to attend and present testimony. The department
shall notify all appropriate media outlets of the time, date, and
location of the hearing at least three weeks in advance of the
hearing.
(2) ((A)) No city or county legislative authority may impose a
maximum capacity for ((.&)) an opioid treatment program ((eznet less
than three hdndred fifty partieipants if neeessary te address
spee4m€ie—leeal eenditi-ens eited b1 h e -= n}y) )
(3) A program applying for licensing or certification from the
department and a program applying for a contract from a state agency
that has been denied the licensing or certification or contract shall
be provided with a written notice specifying the rationale and
reasons for the denial.
(4) Opioid treatment programs may order, possess, dispense, and
administer medications approved by the United States food and drug
administration for the treatment of opioid use disorder, alcohol use
disorder, tobacco use disorder, and reversal of opioid overdose. For
an opioid treatment program to order, possess, and dispense any other
legend drug, including controlled substances, the opioid treatment
program must obtain additional licensure as required by the
department, except for patient -owned medications.
(5) Opioid treatment programs may accept, possess, and administer
patient -owned medications.
(6) Registered nurses and licensed practical nurses may dispense
up to a ((t iV}y-enc)) 31 day supply of medications approved by the
United States food and drug administration for the treatment of
opioid use disorder to patients of the opioid treatment program,
under an order or prescription and in compliance with 42 C.F.R. Sec.
8.12.
(7) For the purpose of this chapter, "opioid treatment program"
means a program that:
(a) Engages in the treatment of opioid use disorder with
medications approved by the United States food and drug
administration for the treatment of opioid use disorder and reversal
of opioid overdose, including methadone; and
(b) Provides a comprehensive range of medical and rehabilitative
services.
(8) A mobile or fixed -site medication unit may be established as
part of a licensed opioid treatment program.
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NEW SECTION. Sec. 16. A new section is added to chapter 43.330
RCW to read as follows:
(1) Subject to funds appropriated for this specific purpose, a
program is established in the department to fund the construction
costs necessary to start up substance use disorder treatment programs
in regions of the state that currently lack access to such programs.
(2) This funding must be used to increase the number of substance
use disorder treatment programs in underserved areas such as central
and eastern Washington and rural areas.
Sec. 17. RCW 10.31.110 and 2021 c 311 s 6 are each amended to
read as follows:
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(1) When a police officer has reasonable cause to believe that
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the individual has committed acts constituting a crime, and the
individual is known by history or consultation with the behavioral
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health administrative services organization, managed care
organization, crisis hotline, local crisis services providers, or
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community health providers to have a mental disorder or substance use
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disorder, in addition to existing authority under state law or local
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policy, as an alternative to arrest, the arresting officer is
authorized and encouraged to:
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(a) Take the individual to a crisis stabilization unit as defined
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in RCW 71.05.020. Individuals delivered to a crisis stabilization
unit pursuant to this section may be held by the facility for a
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period of up to twelve hours. The individual must be examined by a
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within three hours of arrival;
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(b) Take the individual to a triage facility as defined in RCW
71.05.020. An individual delivered to a triage facility which has
elected to operate as an involuntary facility may be held up to a
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period of twelve hours. The individual must be examined by a mental
health professional or substance use disorder professional within
three hours of arrival;
(c) Refer the individual to a designated crisis responder for
evaluation for initial detention and proceeding under chapter 71.05
RCW;
(d) Release the individual upon agreement to voluntary
participation in outpatient treatment;
(e) Refer the individual to youth, adult, or geriatric mobile
crisis response services, as appropriate; or
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(f) Refer the individual to the regional entity responsible to
receive referrals in lieu of legal system involvement, including the
recovery navigator program described in RCW 71.24.115.
(2) If the individual is released to the community from the
facilities in subsection (1)(a) through (c) of this section, the
mental health provider or substance use disorder professional shall
make reasonable efforts to inform the arresting officer of the
planned release prior to release if the arresting officer has
specifically requested notification and provided contact information
to the provider.
(3) In deciding whether to refer the individual to treatment
under this section, the police officer must be guided by local law
enforcement diversion guidelines for behavioral health developed and
mutually agreed upon with the prosecuting authority with an
opportunity for consultation and comment by the defense bar and
disability community. These guidelines must address, at a minimum,
the length, seriousness, and recency of the known criminal history of
the individual, the mental health history of the individual, if
available, the substance use disorder history of the individual, if
available, the opinions of a mental health professional, if
available, the opinions of a substance use disorder professional, if
available, and the circumstances surrounding the commission of the
alleged offense. The guidelines must include a process for clearing
outstanding warrants or referring the individual for assistance in
clearing outstanding warrants, if any, and issuing a new court date,
if appropriate, without booking or incarcerating the individual or
disqualifying the individual from referral to treatment under this
section, and define the circumstances under which such action is
permissible. Referrals to services, care, and treatment for substance
use disorder must be made in accordance with protocols developed for
the recovery navigator program described in RCW 71.24.115.
(4) Any agreement to participate in treatment or services in lieu
of jail booking or referring a case for prosecution shall not require
individuals to stipulate to any of the alleged facts regarding the
criminal activity as a prerequisite to participation in the
alternative response described in this section. Any agreement is
inadmissible in any criminal or civil proceeding. Such agreements do
not create immunity from prosecution for the alleged criminal
activity.
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(5) If there are required terms of participation in the services
or treatment to which an individual was referred under this section,
and if the individual violates such terms and is therefore no longer
participating in services:
(a) The behavioral health or service provider shall inform the
referring law enforcement agency of the violation, if consistent with
(( )) applicable law; and
(b) The original charges may be filed or referred to the
prosecutor, as appropriate, and the matter may proceed accordingly((,-
iii}le sjTtS 21Tg eic r efeLcL- -'_� J_ _ Fe ei�aLage`�rs�}}�e}} ,`� .`�t�TL'C—�ZTS2Z7Te CCZZLLs
of a l-eeal divefsien pfegfafft er aneee to
descTrbed in RGW 71.2 4. 1475 ) ) .
(6) The police officer is immune from liability for any good
faith conduct under this section.
NEW SECTION. Sec. 18. RCW 10.31.115 (Drug possession —Referral
to assessment and services) and 2021 c 311 s 13 are each repealed.
Part V - Providing Legal Advocacy for Parents and Families Affected
by Substance Use Disorders in Dependency and Child Custody Cases
NEW SECTION. Sec. 19. A new section is added to chapter 26.12
RCW to read as follows:
(1) In any parenting plan or child custody proceeding in which
the court determines that a child's parent, guardian, or custodian is
affected by substance use disorders, mental health disorders, or
behavioral health concerns such that it leaves the parent, guardian,
or custodian unable to adequately represent his or her own interests
or his or her parental rights may be restricted, either by way of
long-term supervision or limited contact with the child, the parent,
guardian, or custodian may have the right to court -appointed counsel,
who, if appropriate, must have understanding of the Indian child
welfare act and knowledge about tribal child welfare systems. In
determining whether to appoint counsel, the court must consider the
financial ability of the parties, the degree such disorder impacts
the ability of the parent, guardian, or custodian to understand the
proceedings and represent their own interests, and any professional
assessment or evaluation or any other evidence submitted to the court
on the parent, guardian, or custodian's behalf.
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1 (2) The court may, in its discretion, appoint counsel for the
2 child or a guardian ad litem as set forth in RCW 26.09.110 and
3 26.09.220.
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Part VI - Funding, Promotion, and Training for Recovery Residences
NEW SECTION. Sec. 20. A new section is added to chapter 71.24
RCW to read as follows:
Subject to the availability of amounts provided for this specific
purpose, the authority shall:
(1) Make sufficient funding available to support establishment of
an adequate and equitable stock of recovery residences in each region
of the state, including by expansion of a revolving fund program to
make loans or grants available for recovery residence operators to
use for necessary capital expenses;
(2) Establish a voucher program to allow accredited recovery
housing operators to hold bed space for individuals who are waiting
for treatment or who have returned to use and need a place to stay
while negotiating a return to stable housing;
(3) Conduct outreach to underserved and rural areas to support
the development of recovery housing, including adequate resources for
women, LGBTQIA+ communities, and youth; and
(4) Develop a training for housing providers by January 1, 2024,
to assist them with providing appropriate service to LGBTQIA+
communities, including consideration of topics like harassment,
communication, antiracism, diversity, and gender affirming behavior,
and ensure applicants for grants or loans related to recovery
residences receive access to the training.
Sec. 21. RCW 84.36.043 and 1998 c 174 s 1 are each amended to
read as follows:
(1) The real and personal property used by a nonprofit
organization in providing emergency or transitional housing for low-
income homeless persons as defined in RCW 35.21.685 or 36.32.415 or
victims of domestic violence who are homeless for personal safety
reasons is exempt from taxation if:
(a) The charge, if any, for the housing does not exceed the
actual cost of operating and maintaining the housing; and
(b)(i) The property is owned by the nonprofit organization; or
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(ii) The property is rented or leased by the nonprofit
organization and the benefit of the exemption inures to the nonprofit
organization.
(2) The real and personal property used by a nonprofit
organization in maintaining an approved recovery residence registered
under RCW 41.05.760 is exempt from taxation if:
(a) The charge for the housing does not exceed the actual cost of
operating and maintaining the housing; and
(b)(i) The property is owned by the nonprofit organization; or
(ii) The property is rented or leased by the nonprofit
organization and the benefit of the exemption inures to the nonprofit
organization.
(3Z As used in this section:
(a) "Homeless" means persons, including families, who, on one
particular day or night, do not have decent and safe shelter nor
sufficient funds to purchase or rent a place to stay.
(b) "Emergency housing" means a project that provides housing and
supportive services to homeless persons or families for up to sixty
days.
(c) "Transitional housing" means a project that provides housing
and supportive services to homeless persons or families for up to two
years and that has as its purpose facilitating the movement of
homeless persons and families into independent living.
(({3+)) (d) "Recovery residence" has the same meaning as under
RCW 41.05.760.
(4) The exemption in subsection (2) of this section applies to
taxes levied for collection in calendar years 2024 through 2033.
This exemption is subject to the administrative provisions
contained in RCW 84.36.800 through 84.36.865.
NEW SECTION. Sec. 22. (1) This section is the tax preference
performance statement for the tax preference contained in section 21,
chapter ., Laws of 2023 (section 21 of this act). This
performance statement is only intended to be used for subsequent
evaluation of the tax preference. It is not intended to create a
private right of action by any party or to be used to determine
eligibility for preferential tax treatment.
(2) The legislature categorizes this tax preference as one
intended to provide tax relief for certain businesses or individuals,
as indicated in RCW 82.32.808(2)(e).
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(3) By exempting property used by nonprofit organizations
maintaining approved recovery residences, it is the legislature's
specific public policy objective to maximize funding for recovery
residences to the extent possible, thereby increasing availability of
such residences.
(4) To measure the effectiveness of the tax exemption provided in
section 21 of this act in achieving the specific public policy
objectives described in subsection (3) of this section, the joint
legislative audit and review committee must evaluate:
(a) Annual changes in the total number of parcels qualifying for
the exemption under section 21 of this act;
(b) The amount of annual property tax relief resulting from the
tax exemption under section 21 of this act;
(c) The average annual number of people housed at recovery
residences located on property qualifying for the exemption under
section 21 of this act;
(d) The annualized amount charged for housing at recovery
residences located on property qualifying for the exemption under
section 21 of this act and the annualized estimated increase in the
charge for housing if the properties had not been eligible for the
exemption; and
(e) The annual amount of expenditures by nonprofits to maintain
recovery residences located on property qualifying for the exemption
under section 21 of this act.
(5) The legislature intends to extend the expiration date of the
property tax exemption under section 21 of this act if the review by
the joint legislative audit and review committee finds that:
(a) The number of properties qualifying for the exemption under
section 21 of this act has increased;
(b) The number of individuals using recovery housing located on
property qualifying for the exemption under section 21 of this act
has increased; and
(c) The amount charged for recovery housing is reasonably
consistent with the actual cost of operating and maintaining the
housing.
(6) In order to obtain the data necessary to perform the review
in subsection (4) of this section, the joint legislative audit and
review committee may refer to:
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(a) Initial applications for the tax exemption under section 21
of this act as approved by the department of revenue under RCW
84.36.815;
(b) Annual financial statements prepared by nonprofit entities
claiming the tax exemption under section 21 of this act;
(c) Filings with the federal government to maintain federal tax
exempt status by nonprofit organizations claiming the tax exemption
under section 21 of this act; and
(d) Any other data necessary for the evaluation under subsection
(4) of this section.
Part VII - Training for Parents of Children with Substance Use
Disorder and Caseworkers Within the Department of Children, Youth,
and Families
NEW SECTION. Sec. 23. A new section is added to chapter 43.216
RCW to read as follows:
(1) The health care authority in consultation with the department
shall develop a training for parents of children and transition age
youth with substance use disorders by June 30, 2024, addressing the
following:
(a) Science and education related to substance use disorders;
(b) Adaptive and functional communication strategies for
communication with a loved one about their substance use disorder,
including positive communication skills and strategies to influence
motivation and behavioral change;
(c) Self -care and means of obtaining support; and
(d) Means to obtain opioid overdose reversal medication when
appropriate and instruction on proper use.
(2) The health care authority and the department shall make this
training publicly available and the department must promote the
training to licensed foster parents and caregivers, including any
tribally licensed foster parents and tribal caregivers.
NEW SECTION. Sec. 24. A new section is added to chapter 43.216
RCW to read as follows:
The department must make opioid overdose reversal medication
available for use by caseworkers or employees that may come in
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contact with individuals experiencing
appropriate training available.
overdose and must make
Part VIII - Data Support for Recovery Navigator Programs
NEW SECTION. Sec. 25. To support recovery navigator programs,
the health care authority must develop and implement a data
integration platform by June 30, 2024, to serve as a common database
for diversion efforts across the state, to serve as a data collection
and management tool for practitioners, and to assist in standardizing
definitions and practices. If possible, the health care authority
must leverage and interact with existing platforms already in use in
efforts funded by the authority. The health care authority must
establish a quality assurance process for behavioral health
administrative services organizations, and employ data validation for
fields in the data collection workbook.
NEW SECTION. Sec. 26. A new section is added to chapter 71.24
RCW to read as follows:
(1) The authority shall contract with the Washington state
institute for public policy to conduct a study of the long-term
effectiveness of the recovery navigator program under RCW 71.24.115
with reports due by June 30th in the years 2028, 2033, and 2038. The
Washington state institute for public policy shall collaborate with
the authority and substance use recovery services advisory committee
under RCW 71.24.546 on the topic of data collection and to determine
the parameters of the report, which shall include recommendations, if
any, for modification and improvement of the recovery navigator
program. The authority shall cooperate with the Washington state
institute for public policy to provide data for this report.
(2) The authority shall establish an expedited preapproval
process by August 1, 2023, which allows requests for the use of data
to be forwarded to the Washington state institutional review board
without delay when the request is made by the Washington state
institute for public policy for the purpose of completing a study
that has been directed by the legislature.
Part IX - Establishing Rules and Payment Structures for Health
Engagement Hubs
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NEW SECTION. Sec. 27. A new section is added to chapter 71.24
RCW to read as follows:
(1) The authority shall develop payment structures for health
engagement hubs by January 1, 2025.
(2) A health engagement hub:
(a) Serves as an all -in -one location where people who use drugs
can access a range of medical, harm reduction, treatment, and social
services. A health engagement hub may not provide supervised
injection services;
(b) May be affiliated with existing syringe service programs,
federally qualified health centers, community health centers,
overdose prevention sites, safe consumption sites, patient -centered
medical homes, tribal behavioral health programs, peer run
organizations such as clubhouses, services for unhoused people,
supportive housing, and opioid treatment programs including mobile
and fixed -site medication units established under an opioid treatment
program, or other appropriate entity;
(c) Provides referrals or access to methadone and other
medications for opioid addiction;
(d) Functions as a patient -centered medical home by offering
high -quality, cost-effective patient -centered care, including wound
care;
(e) Provides harm reduction services and supplies;
(f) Provides linkage to housing, transportation, and other
support services; and
(g) Is open to youth as well as adults.
(3) To the extent allowed under federal law, the authority shall
direct medicaid managed care organizations to adopt a value -based
bundled payment methodology in contracts with health engagement hubs
and other opioid treatment providers.
(4) The authority shall make sufficient funding available to
ensure that a health engagement hub is available within a two-hour
drive for all communities and that there is at least one health
engagement hub available per 200,000 residents in Washington state.
35 Part X - Education and Employment Pathways
36 NEW SECTION. Sec. 28. A new section is added to chapter 71.24
37 RCW to read as follows:
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Subject to funding provided for this specific purpose, the
authority shall establish a grant program for providers of
employment, education, training, certification, and other supportive
programs designed to provide persons recovering from a substance use
disorder with employment opportunities. The grant program shall
employ a low -barrier application and give priority to programs that
engage with black, indigenous, persons of color, and other
historically underserved communities.
Part XI - Providing a Statewide Directory of Recovery Services
NEW SECTION. Sec. 29. A new section is added to chapter 71.24
RCW to read as follows:
Subject to funding provided for this specific purpose, the
authority must collaborate with the department and the department of
social and health services to expand the Washington recovery helpline
and the recovery readiness asset tool to provide a dynamically
updated statewide behavioral health treatment and recovery support
services mapping tool that includes a robust resource database for
those seeking services and a referral system to be incorporated
within the locator tool to help facilitate the connection between an
individual and a facility that is currently accepting new referrals.
The tool must include dual interface capability, one for public
access and one for internal use and management.
Part XII - Investing Adequately in Statewide Diversion Services
NEW SECTION. Sec. 30. (1) It is the intent of the legislature
to increase investments in the 2023-2025 biennium substantially over
baseline levels established in the 2021-2023 operating and capital
budgets to increase the provision of evidence -based prearrest and
prefiling diversion programs in all regions of the state. Services
which shall be increased and included in every health purchasing
region include crisis stabilization units, 23-hour crisis relief
centers, mobile crisis response services for youth and adults,
recovery navigator programs, and law enforcement assisted diversion.
(2) The appropriations in this subsection are provided to the
state health care authority and are subject to the following
conditions and limitations:
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(a) The following sums, or so much thereof as may be necessary,
are each appropriated: $18,114,000 from the state general fund for
the fiscal year ending June 30, 2024; and $16,437,000 from the state
general fund for the fiscal year ending June 30, 2025. The amounts in
this subsection are provided solely for the authority to continue and
expand efforts to provide opioid use disorder medication in city,
county, regional, and tribal jails.
(b) The following sums, or so much thereof as may be necessary,
are each appropriated: $3,500,000 from the state general fund for the
fiscal year ending June 30, 2024; and $3,500,000 from the state
general fund for the fiscal year ending June 30, 2025. The amounts in
this subsection are provided solely for the authority to provide
support funds to new and established clubhouses throughout the state.
(c) The following sums, or so much thereof as may be necessary,
are each appropriated: $1,583,000 from the state general fund for the
fiscal year ending June 30, 2024; and $1,583,000 from the state
general fund for the fiscal year ending June 30, 2025. The amounts in
this subsection are provided solely for the authority to award grants
to crisis services providers to establish and expand 23-hour crisis
relief center capacity. It is the intent of the legislature that
grants are awarded to an equivalent number of providers to the west
and the east of the Cascade mountains. The authority must consider
the geographic distribution of proposed grant applicants and the
regional need for 23-hour crisis relief centers when awarding grant
funds.
(d) The following sums, or so much thereof as may be necessary,
are each appropriated: $900,000 from the state general fund for the
fiscal year ending June 30, 2024; $900,000 from the state general
fund for the fiscal year ending June 30, 2025; and $1,800,000 from
the state general fund —federal for the fiscal biennium ending June
30, 2025. The amounts in this subsection are provided solely for the
authority to maintain a memorandum of understanding with the criminal
justice training commission to provide ongoing funding for community
grants pursuant to RCW 36.28A.450.
(e) The following sums, or so much thereof as may be necessary,
are each appropriated: $1,250,000 from the state general fund for the
fiscal year ending June 30, 2024; $1,250,000 from the state general
fund for the fiscal year ending June 30, 2025; and $2,500,000 from
the state general fund —federal for the fiscal biennium ending June
30, 2025. The amounts in this subsection are provided solely for the
p. 36 E2SSB 5536
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1 authority to provide ongoing grants to law enforcement assistant
2 diversion programs under RCW 71.24.590.
3 Part XIII - Streamlining Substance Use Disorder Treatment Intakes
4 NEW SECTION. Sec. 31. A new section is added to chapter 71.24
5 RCW to read as follows:
6 (1) The authority shall convene a work group to recommend changes
7 to systems, policies, and processes related to intake, screening, and
8 assessment for substance use disorder services, with the goal to
9 broaden the workforce capable of processing intakes and to make the
10 intake process as brief as possible, including only what is necessary
11 to manage utilization and initiate care. The intake shall be low
12 barrier, person -centered, and amenable to administration in diverse
13 health care settings and by a range of health care professionals. The
14 intake assessment shall consider the person's self -identified needs
15 and preferences when evaluating direction of treatment and may
16 include different components based on the setting, context, and past
17 experience with the client.
18 (2) The work group must include care providers, payors, people
19 who use drugs, and other individuals recommended by the authority.
20 The work group shall present its recommendations to the governor and
21 appropriate committees of the legislature by December 1, 2024.
22 Part XIV - Miscellaneous Provisions
23 NEW SECTION. Sec. 32. Section 7 of this act takes effect
24 January 1, 2025.
25 Sec. 33. 2021 c 311 s 29 (uncodified) is amended to read as
26 follows:
27 Sections 8 through 10((F)) and 12((,15, azzdK)) of this act
28 expire July 1, 2023.
29 NEW SECTION. Sec. 34. Sections 2, 6, 8 through 12, and 33 of
30 this act are necessary for the immediate preservation of the public
31 peace, health, or safety, or support of the state government and its
32 existing public institutions, and take effect July 1, 2023.
--- END ---
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4.2
City Council Agenda Item
Meeting Date: 04/4/2023
City Attorney Annual Report
Staff Lead: Jeff Taraday, City Attorney
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
Each year the City Attorney provides an annual report to the City Council.
Staff Recommendation
No city council action other than asking any questions you might have.
Narrative
Lighthouse Law Group PLLC ("Lighthouse") serves as the city attorney for the City of Edmonds. The
members of the city attorney team are the following six members of Lighthouse (Jeff Taraday, Sharon
Cates, Patricia Taraday, Beth Ford, Tom Brubaker, and Angela Tinker) and Mike Bradley, who works
under the Lighthouse contract in an Of Counsel capacity.
Lighthouse will present a Powerpoint that will summarize the busiest matters of 2022 and report on the
first quarter of the city's transition to retaining Lighthouse on an hourly basis after years of contracting
for services on a flat fee basis.
Attachments:
2023-04-04 City Attorney Annual Report for 2022 for packet
Packet Pg. 60
CITY ATTORNEY ANNUAL REPORT
April 4, 2023
' Lighthouse
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Jeff
Beth
The City Attorney Team
Sharon
Tom
Patricia
Angela
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The City Attorney Team
Mike Bradley
(of counsel)
' Lighthouse
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City Attorney Team Stats
January 1, 2022 through December 31, 2022
• Lighthouse worked 3508 hours for
Edmonds in 2022
L Lighthouse
2022 Top 10 matters
10. Parks & Recreation (102 hours)
9. City Clerk (119 hours)
8. Police (158 hours)
7. Tupper OPMA (213 hours)
6. Human Resources (242 hours)
L La,Lighthouse
acket -. .
2022 Top 10 matters
5. Development Services (270 hours)
4. Public Works (318 hours)
3. Engineering (536 hours)
2. City Council (558 hours)
1. Ebb Tide (587 hours)
City Attorney Team Stats
January 1, 2022 through December 31, 2022
• Lighthouse worked 3508 hours for
Edmonds
• Earned flat monthly fee of $53,953
($647,436 for all of 2022) for all civil work
including litigation
• _ $185 average effective hourly rate
LM L�JWPacket Pg. 67
nthou� 11
Comparing $185 to the rates paid by
the city's comparable cities in 2022
• Issaquah (Madrona):
— $250 - $310
• Mukilteo (Ogden Murphy Wallace):
— $238 - $281 (with most hours $238 - $260)
• Lynnwood (Kenyon Disend):
— $195 - $370
• Lake Stevens (Ogden Murphy Wallace):
— need to obtain rates
LM
hthouse
acket -...
4.2.a
04010
Jeff Taraday 2011
Sharon Cates 2011
Patricia Taraday 2011
Mike Bradley 2011
Beth Ford 2012
Tom Brubaker 2018
Angela Tinker 2019
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2023 Changes — billing method
• Hourly billing invoices over the first quarter
of 2023:
— January = $545636.40
— February = $51 5887.10
— March = $655492.20
• 1st quarter subtotal = $172,015.70
-npare to proposed flat fee of $58,000
• $58,000 x 3 = $174,000
� IL�h#horse
Pending Litigation with Lighthouse
• Edmonds v. Ebb Tide
Declaratory judgment. On appeal after successful trial.
• PSNGP appeal
Administrative appeal with multiple other cities related to
sewage treatment plant.
N
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Coverage
Claims arising from alleged:
• Employment related action, e.g. retaliation and harassment
• Police excessive force
• Land use damage
• Auto liability
• Defective street or sidewalk
• Sewer obstruction
• Premises liability
• Other negligence
■ Lihthoue
LLAW Packet ..
4.2.a
Big Picture
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Who is the client?
RPC 1.13(a) A lawyer employed
or retained by an organization
represents the organization acting
through its duly authorized
constituents.
Lighthouse —
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The Attorney — Client Relationship
Attorney
Organizational
Client
Duly Authorized
Constituents
' Lighthouse
LLavePacket Pg. 75
Duly Authorized Constituents?
• Individual
City Councilmembers
Council • Boards &
Commissions
Judge
Mayor - Directors
• Staff
' Lighthouse
use
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What about your constituents, the citizens?
City
Council
Mayor Citizens
Judge
' Lighthouse
Why no direct interaction with
citizens?
RPC 1.6(a):
A lawyer shall not reveal information
relating to the representation of a client
unless the client gives informed consent,
the disclosure is impliedly authorized in
order to carry out the representation or
the disclosure is permitted by paragraph
(b).
Lighthouse —
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So you aren't the client...
are your communications still
confidential?
RPC 1.13, comment 2: When one of the
constituents of an organizational client
communicates with the organization's
lawyer in that person's organizational
capacity, the communication is protected
by Rule 1.6.
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ighthouse
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So you aren't the client...
are your communications still
confidential?
... This does not mean, however, that constituents of
an organizational client are the clients of the lawyer.
The lawyer may not disclose to such constituents
information relating to the representation except for
disclosures explicitly or impliedly authorized by the
organizational client in order to carry out the
representation or as otherwise permitted by Rule 1.6.
' Lighthouse
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7.1
City Council Agenda Item
Meeting Date: 04/4/2023
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 March 23, 2023 and March 29, 2023.
Attachments:
Edmonds City Council Online Public Comments April 4, 2023
Packet Pg. 83
7.1.a
Edmonds City Council Public Comment —April 4, 2023
Online Form 2023-03-27 03:58 PM(MST) was submitted by Guest on 3/27/2023 6:58:02 PM (GMT-
07:00) US/Arizona
Name Value
FirstName Kate
LastName Nesse _
Email
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CityOfResidence Edmonds E
AgendaTopic 2044 Growth Targets v
I encourage the Council to plan for more housing that the Growth Targets adopted by 2
Snohomish County in the Countywide Planning Policies, Appendix B. We need more 3
types of housing units available in Edmonds. I want my children to grow up able to buy a
Comments r_
a entry-level home near me. Those are becoming very hard to find in Edmonds. If
there are options for more types of housing in Edmonds, developers can respond to
the type of housing the market is demanding.
Online Form 2023-03-27 10:30 PM(MST) was submitted by Guest on 3/28/2023 1:30:39 AM (GMT-
07:00) US/Arizona
Name Value
FirstName Ronald
LastName Eber
Email
CityOfResidence Edmonds
AgendaTopic 9.3 Edmonds - WSDOT MOU
Dear Council: I strongly support approval for the signing of the MOU with WSDOT
regarding the future intent to purchase the Unocal land and together with the existing
City portion of the Edmonds Marsh fully protect and restore its ecologial functions and
connection to Puget Sound. In 2022, the City adopted its PROS Plan and later
incorporated it into the City's Comprehensive Plan. The PROS and now Comp Plan
state: "Expand the Edmonds Marsh/Estuary to include theUnocal property. Develop
funding strategy for purchase of the Unocal property or negotiate with the State
ofWashington to have the property become part of the Edmonds Marsh/Estuary."
[Recommendation # 2 - No. 2, p.116) The MOU is an important part of implementing
Comments this policy and to fulfill the many promises from the City (Mayor, Council and Staff)
over the years to protect and restrore the Marsh with the eventual purchase of the
Unocal land. While the MOU may not be perfect, it is important to maintain the City's
credibility on this issue with concerned citizens, state legislators WSDOt and DOE.
Signing will keep the City as a full partner in this important effort with a seat at the
table and access to all vital public information about the clean-up and legal status of
the Unocal land. Two other actions are next needed by the City to further the
protection and restoration of the Marsh. First please question WSDOT on why land
they do not own and have not ever used is considered "surplus property" under RCW
47.12.063 and not "unused land" under RCW 47.12.080 since this land has never been
used by WSDOT. The latter provision provides more flexibility for the City to negotiate
Packet Pg. 84
7.1.a
Edmonds City Council Public Comment —April 4, 2023
a fair price while not locking in a potentially protracted debate about the lands "fair
market value." In either case, the money received by WSDOT must go into the Motor
Vehicle Fund. Second - The recently prepared Watefront Study provides a roadmap for
how to amend the comprehensive plan to remove the Edmonds Crossing provisions
and enable the City to change the plan and zoning designations to Open Space for the
Unocal land consistent with those for the Edmonds Marsh. This is not an easy task and
the work and public involvement needs to be started now and not delayed until next
year. At the same time, the development zones for the public lands in Marina Beach
m
Park and Willow Creek must also be changed to open space. Finally, Sign the MOU and
E
maintain the City's commitment to protecting and restoring the Edmonds Marsh. This
o
is not a time to show any hesitation about this commitment. This is not a matter of
)
politics but rather a citywide concern that transcends such debates. Please continue
your support for the Marsh as its future depends on it.
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Online Form 2023-03-28 10:46 AM(MST) was submitted by Guest on 3/28/2023 1:46:49 PM (GMT-
�
07:00) US/Arizona
Name Value
FirstName William
LastName Alexander
Email
CityOfResidence Edmonds
AgendaTopic Obtaining Unocal property and 'Final' MOU
It disturbs me that there has not been a public assessment period of the MOU with
WashDOT in the time since I came to live In Edmonds. I feel that there are a number
of things wrong with this agreement. However, I strongly want that Edmonds should
Comments obtain this property somehow. Is this the only way to deal with WashDOT? Can't there
be another means to communicate? Another issue is that it's bizarre that this land has
multi -use zoning right now. I don't want any developers to wave money to get ahold
of the land. I think that an enhanced, larger estuary would prove to be a promotion to
Edmonds, and a model for some other shoreline communities.
Packet Pg. 85
8.1
City Council Agenda Item
Meeting Date: 04/4/2023
Approval of Regular Meeting Minutes of March 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:
E032823
Packet Pg. 86
8.1.a
EDMONDS CITY COUNCIL MEETING
DRAFT MINUTES
March 28, 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
Susan McLaughlin, Planning & Dev. Dir.
Todd Tatum, Comm. Serv. & Econ. Dev. Dir.
Rob English, City Engineer
David Levitan, Planning Manager
Bertrand Hauss, Transportation Engineer
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 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Teitzel 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. HEARING EXAMINER ANNUAL REPORT
Hearing Examiner Phil Olbrechts reviewed three development permits that required a public hearing and
an environmental appeal related to the update of the City's stormwater regulations:
Glacier Environmental Conditional Use (3/6/23): Approved conditional use permit for outdoor storage
of items such as pipe, traffic control signs/delineators, small concrete structures, pickup trucks, and cargo
trailers as an incidental use to a proposed new office and warehouse located at 7509 212th St. SW.
Surrounding uses include a mix of commercial and single- and multi -family residential uses. The storage
area will be obscured from view by surrounding uses by existing trees, landscaping and fencing.
Edmonds City Council Draft Minutes
March 28, 2023
Page 1
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Flourish Wellness Clinic (12/15/22): Approved conditional use permit to operate a wellness clinic in an
existing multi -use building located at 9724 Edmonds Way. The majority of surrounding uses are
commercial along with one single-family residence. Prior use was an insurance office and no exterior
modifications, other than signage, were proposed.
Edmonds City Park Greenhouse Variance (6/24/22): Approved two variances to replace two
greenhouses with a single greenhouse at City Park within the 20-foot setbacks of Pine Street and SR-104.
The City requested a variance to the City's 20-foot setback to locate the proposed greenhouse a minimum
of 14' from the southern property line along Pine Street and 11' from the western property line along SR-
104. The City requested a landscaping variance to waive a requirement for two trees within the setback
area. The replacement greenhouse is taller and larger than the existing two greenhouses combined, but
will be setback further from the street than the existing greenhouses. The setback to the west property line
will be increased from five feet to 11 feet and the setback to the south property line will remain at 14 feet.
Appeal of SEPA DNS for Stormwater Regulations (3/4/22) Denied appeal of issuance of SEPA
determination of non -significance (DNS) for adoption of City stormwater amendments. The appeal
hearing was held over two days, generating a 171-page transcript. The DNS had to be overturned if the
proposed amendments created probable significant adverse impacts that had not been adequately
evaluated and mitigated. However, the Appellant's concerns primarily attached to currently existing
environmental problems that were not caused or exacerbated by the proposed amendments. With one
debatable exception, the proposed amendments were primarily designed to increase stormwater protection
and to reduce the environmental impacts of development. Using existing stormwater regulations as a
baseline for assessing impacts, the adverse impacts of all of the proposed amendments were found to be
modest if any.
The most compelling source of substantive concern in the appeal was over an amendment to ECDC Z
L
18.30.060.D.6.d. Olympic View Water & Sewer District (OVWSD) also raised this as a primary concern
in a comment letter. ECDC 18.30.060.D.6.d currently prohibits discharge of untreated stormwater from
all surfaces into groundwater. The proposed amendments limited this restriction to hard surfaces, opening
the door to discharges from soft surfaces. However, staff had always interpreted ECDC 18.30.060.D.6.d o
75-
as only applying to hard surfaces. Consequently, under the practices at the time the hard surface >
amendment simply reflects what staff has already been requiring. Further, with or without the a
amendment, other stormwater regulations still require treatment of run-off from soft surfaces over three Q
quarters of an acre. In practical terms, untreated stormwater from soft surfaces would most likely only
come from small lawns, landscaping and permeable pavement. N
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The appeal also raised the looming presence of perfluoroalkyl and polyfluoralkyl substances (PFAS). w
These are toxic chemicals of significant concern to DOE because they are ubiquitous, toxic, don't degrade;
and have contaminated hundreds of water systems throughout the country. They are a compound found in CD
crumb -rubber fields. The DOE Manual and the City's regulations are not designed to treat stormwater for E
PFAS contamination, because there is no known technology to do so. Although there's no question that
PFAS is a problem, the proposed regulations do not exacerbate that problem. The only amendment that a
could potentially increase PFAS contamination of groundwater was the hard surface amendment
mentioned in the preceding paragraph. For the same reasons that the hard surface amendment wasn't
found to create significant impacts associated with untreated stormwater flows, it also wasn't found to
create significant impacts with PFAS contaminated waters. The hard surface amendment has no impact
on PFAS contamination caused by crumb -rubber fields, since the fields are over a 3/4 of an acre in area
and thus require the stormwater to be treated.
Under the former regulations, all discharges from the Edmonds Basin were allowed to go directly into the
Edmonds Marsh. Staff felt the volumes could harm the marsh and required the volumes be controlled so
they do not cause damage to the marsh. The appellant was concerned the infiltration that resulted from
Edmonds City Council Draft Minutes
March 28, 2023
Page 2
Packet Pg. 88
8.1.a
that may result in more flooding on Edmond properties. The City's stormwater engineer explained flow
infiltration is already required in the Edmonds Basin for any development and the only way volumes
would be regulated would be via greater detention and would not involve any infiltration and would not
result in more flooding.
Councilmember Olson asked why the City requested a landscape variance to waive a requirement for
trees within the setback area. Mr. Olbrechts responded there was very limited space and there was
nowhere else to put the greenhouse that would not impact circulation. The only place to put greenhouse
was in location of the required trees.
Councilmember Nand asked Mr. Olbrechts to comment on protection of critical areas. The City is trying
to comprehend how HB 1110 and other bills under consideration by the state legislature will affect the
ability to protect critical areas, whether that was a concern he had heard from other cities and how he
anticipated the bills would affect the hearing examiner process in the future. Mr. Olbrechts answered he M
has have not heard much yet. Critical area ordinances are required by the GMA and are based on best o
available science and are pretty strict. Edmonds applies their regulations a little more strictly than other `V
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communities which is backed by case law. He would be surprised if there was any significant impact. N
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Councilmember Nand said while the drafters of the bills say nothing can be permitted as multifamily if it cc
was not permitted as single family under the current zoning laws, the allowance of much tighter
subdivision of existing lots and how that may affect stormwater and critical area habitat is a concern to a
number of environmentalists. Mr. Olbrechts said what he knows about those bills is they are not telling
cities they will have to be more lenient with their critical area regulations. There are exemptions such as a
reasonable use and variances, but the fact that someone has the right to develop multifamily on a lot in
addition to a single family home does not make their position more compelling with regard to reducing
stream or wetland buffers to accommodate that use especially with Edmonds' commitment to protecting
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environmental resources. Takings' case law for critical areas has always been if someone can build one cc
single family home on a single family lot, their constitutional property rights are protected and they would
not qualify for a variance or reasonable use exception to build multifamily.
0
Councilmember Buckshnis asked for further explanation regarding the appeal of the DNS for the >
stormwater regulations and asked him to explain more about PFAS, relaying her understanding there a
needed to be more code to protect the aquifer and the environment from PFAS. Mr. Olbrechts answered Q
the bottom line is the amendments that the City considered and he assumed were ultimately approved
would not increase the amount of stormwater infiltration of pollutants including PFAS. The way the City N
interpreted the regulations prior to the amendments did not change the practice following the amendments M
with regard to what could be infiltrated into the City's groundwater. With regard to what changed in the w
amendments and adding PFAS to groundwater was too speculative under the SEPA appeal rules to;
conclude there would be an increase in PFAS contamination. The city attorney and stormwater engineer
pointed out the Department of Ecology does not have a treatment methodology for PFAS in their E
stormwater regulations. The City must, at a minimum, adopt the DOE recommended stormwater manual.
There is no known treatment methodology for PFAS at this time so even if there was an environmental a
impact, there was no way for the City to mitigate it. The main reason he denied the appeal on that issue
was from the evidence in the record, there would not be a material increase in PFAS contamination in the
ground water. Councilmember Buckshnis acknowledged this is a new topic that only appears on 60
Minutes most of the time.
2. PLANNING BOARD UPDATE
Planning Board Chair Judi Gladstone commented the planning board started the new year with the
council's approval of four new planning board members. The board waited a long time to have those
positions filled and are pleased such engaged new members joined the four veterans members and the
Edmonds City Council Draft Minutes
March 28, 2023
Page 3
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8.1.a
student representative. With a full board and a new planning manager, the board is on its way toward
functioning effectively. She reviewed:
• Approval of Planning Board Handbook
o Intended to bring clarity to the planning board's function and how the board functions
o Provides orientation for new members and ensures more effective succession for planning
board members.
November 2022 Report
o What we plan on doing
■ 2024 comprehensive plan update
- Planning board awaiting clarity from planning department on comprehensive plan
elements
■ Development Code modernization
- Designated street fronts
- Wireless facilities
- CG stepbacks
- Minor code amendment process
- Tree code updates
- Five Corners BN zoning update
- Subdivision code updates
- Sustainable development code review and updates
- Low impact/stormwater code updates
■ Additional Items on our extended agenda
- Climate Action Plan update and public outreach
- Housing policies and implementation
- Quarterly updates from Parks & Recreation
- Semi-annual joint meetings with city council
- Periodic development activity reports
- Further Highway 99 implementation
Issues planning board has addressed since November 2022
o Recommendations
■ Minor Code Amendment Process
■ Minor Tree Code amendments
o Discussion/Feedback
■ Civic Playfield Rules
■ Complan Vision Statement
o Briefings
■ Parks quarterly report
■ CG Zoning Emergency Ordinance
■ Climate Action Plan Update
Current Extended Agenda Issues
o Zoning and code issues require three touches by the planning board (introduction, public
hearing, discussion and recommendation)
o Zoning Changes
■ CG Zone ordinance
■ BN Zoe Use Change
o Code Changes
■ Tree Code - Private Property & New Development
■ Critical Aquifer Recharge Area Code
■ MF Design Standards Code
■ Wireless Code
■ ADU Code
o Complan Update
Edmonds City Council Draft Minutes
March 28, 2023
Page 4
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Required Elements - Planning board reviews and makes recommendations
- Shoreline Policies
- Utilities
- Capital Facilities
- Transportation
- Housing
- Land Use
Non -required Elements - Does city council want the planning board to make
recommendations on non -required elements
- Subarea Plans
- Economic Development
- Parks & Recreation and Open Space
- Introduction
Potential Issues - Does city council want the planning board to discuss and provide a
recommendation?
o Parks acquisition in South Edmonds
o BNSF Planning and Waterfront Plan
o Others
Council feedback
o Priorities among the list of code changes
o Recommendations on non -required elements of Complan
o Particular considerations for any of the required elements.
Councilmember Buckshnis thanked Planning Board Chair Gladstone for her understanding of the
difference between mitigation and adaptation in the Climate Action Plan (CAP), relaying her opinion that
the planning board should have taken a deeper dive into the CAP. She noted the CAP or other adaptive
elements are not mentioned such as sea level rise and blue carbon. Chair Gladstone answered she would
look for adaptation policies in the comprehensive plan elements such as transportation, housing or the
non -required element that addresses sustainability. Adaptation becomes embedded in everything; it would
not have its own plan but would come to the forefront in those policies.
Councilmember Buckshnis referred to the Waterfront Study, commenting the council had one a
presentation where number concerns were voiced and the plan has never come back to the council. She
hoped the Waterfront Study would not be presented to the planning board before coming to the council to Q
address the issues the council raised. N
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Councilmember Buckshnis noted there was also no reference to the Highway 99 SEIS, pointing out the w
City needs to start thinking about the environment. With regard to the Southeast Edmonds property,
consideration should be given to the fact that the highest and best use may be something else because it is
zoned residential. When property is downzoned, the assessed value changes. She expressed appreciation
for the work Chair Gladstone does and her logical and pragmatic answers and questions and encouraged
her to mentor the rest of the planning board. a
Councilmember Nand thanked Gladstone and Vice Chair Beth Tragus-Campbell for their excellent work
and for sticking it out on the planning board and helping train new members. She identified four issues: 1)
As liaison to the tree board, she was aware there is no real policy regarding tree retention. In southeast
Edmonds where she lives, residents are alarmed with clear cutting. The City could benefit from pursuing
a tree retention policy, especially with an emphasis on retaining the mature tree canopy, a concrete tool
that would put the City into compliance with the CAP. 2) Councilmember Nand favored the planning
board providing council a recommendation on non -required elements of the comprehensive plan,
specifically issues such as subarea plans and naming of the subareas. There is consternation by some that
areas were named without input from the residents in those communities. For example, residents in her
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neighborhood were surprised to learn they lived in the Gateway neighborhood. It is the planning board's
job to provide an avenue for citizen input and naming could be a valuable PR exercise for the City. 3)
Councilmember Nand favored the planning board providing input on the park acquisition in SE Edmonds.
The City uses a subcontractor to scope perspective properties, but it would be great if there was an avenue
for residents to communicate with the City about vacant or underutilized lots in their neighborhoods that
could be considered for park acquisition. 4) Developing subarea plans for areas that have traditionally
received less attention such as North Edmonds.
Councilmember Chen thanked Chair Gladstone and Vice Chair Tragus-Campbell for their outstanding
service on the planning board. He and Chair Gladstone both served on the Citizen Housing Commission
(CHC) in 2019; he would like to see the CHC's 15 recommendations considered especially regarding
ADUs and duplexes even if bills the state legislature is considering such as HB I I10 and others are
approved. He supported the planning board researching the size and suitability of the park acquisition in
SE Edmonds. In his opinion, areas on Highway 99 that have higher density are in greater need for green
spaces, especially with more apartment complexes being constructed in that area.
Councilmember Teitzel thanked Chair Gladstone and Vice Chair Tragus-Campbell for their service. With
regard to the Civic Field hours of operation, he recalled there was a hearing or a presentation to the
planning board. Vice Chair Tragus-Campbell answered the planning board received public comment on
that issue but it was not an official public hearing. Parks presented their recommendation and after
hearing public comment and the staff s recommendation, the planning board recommended proceeding
with staffs recommendation at least in the interim to see what issues arise that require changing rules
versus the perception of issues which may be resolved through environmental design. The planning board
requested a review within a year of the park opening; she was hopeful that would occur by the end of the
summer.
Councilmember Teitzel commented multifamily design standards are an important issue for the City and
will become more important if the bills regarding upzoning and lot splitting are approved by the
legislature. He asked if the planning board was aware of those bills and if they had been briefed on the
impact they could have on the planning board's work. Vice Chair Tragus-Campbell answered the
planning board was aware of the bills; at the last meeting, the planning board recommended delaying
review and recommendation on some of the housing aspects of the comprehensive plan until later in the
summer to await the outcome of those bills.
Councilmember Teitzel recognized the planning board has a role in park acquisition and asked if the N
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planning board had been brought into the discussions about park acquisitions and what role did the M
planning board feel they should play in making recommendations on those acquisitions. Vice Chair w
Tragus-Campbell said it was her understanding the planning board had not been brought into the;
discussion about the SE Edmonds park acquisition and the board was not aware of the potential CD
acquisition until the presentation at a previous city council meeting. There have been discussions in the E
past about the planning board considering and vetting property, but at the time the property was being
vetted, the board was informed it was not to a point where the information could be released. The a
planning board would like to have a step in the process where they could provide feedback before
properties are presented to council and would like to be involved in future acquisitions. She appreciated
Councilmember Chen's suggestion for the planning board to provide input on the suitability of
acquisitions. Councilmember Teitzel agreed the planning board needed to be involved sooner.
Councilmember Teitzel observed in the past planning board input may not have been given due deference
in the council process. He asked whether planning board members should attend and/or co -present on key
issues. Chair Gladstone recalled at the end of 2022, the board discussed how the board could make its
position/recommendation known. That could be accomplished via a memo or a planning board member
sitting with staff when presentations are made. Having a planning board member sit at the table with staff
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8.1.a
can be valuable to answer council questions about what the planning board was thinking during their
deliberations as well as allow the planning board to provide their recommendation regardless of whether
it was in line with the planning department's recommendation.
Councilmember Olson noted a lot of the questions asked were also on her radar so she will repeat but not
elaborate on them. She expressed interest in the planning board weighing in on the vision statement,
noting if everything flows from the vision statement, it is critical to get it right. It will be important to
have the planning board vet that fully whether that means a town hall or other means to ensure everyone
understands and agrees that is the vision for the City's future. She also emphasized subareas plans,
relaying her desire to do subarea plans for all the areas of Edmonds. Not having subarea plans has delayed
the tree code and housing recommendations because one size does not fit all, what works in one place
does not work everywhere, and the right tree in the right place is not the same depending on the location.
She agreed with another councilmember that it is critical the administration, council and planning board
prioritize the development of subarea plans.
With regard to the CHC recommendations, Councilmember Olson recalled that was identified during the
council retreat as a topic the council will take up by this summer and she was hopeful that could be done
before the recommendations are reviewed by the planning board. She recalled previous discussions about
the planning board's heavy workload, noting things also arise that are not on their work plan such as the
Civic Park rules. She wondered whether some of the planning board's work related to parks could be
apportioned to the tree board
Councilmember Olson commented on design standards to yield neighborhood feel in spite of density
changes that may be the result of state legislation or to implement increased GMA numbers. For example,
if there is no difference between what can be done for single family and an detached ADU, what is
missing from the single family zoning requirements that needs to be added. Putting more parameters on
single family may be the way to ensure things don't get weird and ugly. She noted getting the tree code
right is a priority, recalling a councilmember who expressed interest in a carrot approach rather than a
stick approach. Edmonds is a community that loves nature and trees and right tree right place and she
anticipated encouragement would go further toward retaining mature trees because whenever residents
anticipate the City plans to pass punitive or limiting regulations, trees are removed.
Councilmember Paine thanked the planning board for their service. She was unsure the council has Q
determined the priorities for code changes and anticipate that would require coordination with the
planning department. With regard to recommendations on the non -required elements, there is already N
sustainability planning in the comprehensive plan even though it was not required. There is legislation M
being considered that will add sustainability as a required elements. With regard to the CHC's w
recommendations, she recalled a prior council, perhaps two years ago, identified four top priorities which;
included DADUs and ADUs, multifamily design standards and two others. She did not want the CHC's d
work to be ignored as it was important to the community and there was a lot of community engagement. E
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Councilmember Nand commented the planning board is a volunteer board who is not paid for the many a
hours they devote in service to the City. She suggested the planning board discuss having the tree board
or parks and recreation constituted separately from the planning board. She recalled Parks, Recreation and
Human Services Director Feser's interest in having a volunteer coordinator. Chair Gladstone answered it
would be possible to alleviate the planning board's workload. Updating the comprehensive plan results in
peak workloads but workloads are reduces when that is completed. In the two years she has been on the
planning board, there has been a lot of work. The planning board is trying reduce the amount of time they
spend in briefings at meetings and having members read materials outside meetings. Having a separate
parks board would be great in the interim, but in the long run, the workload will even out especially if less
time is spent on briefings. She recalled in the time she has been on planning board, the lion's share of
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meeting time has been spent on briefings, not deliberating on recommendations. That needs to be
different during the comprehensive plan up.
Vice Chair Tragus-Campbell relayed with new planning board members and the new planning manager,
there is an effort to include more detail on the extended agenda regarding items. For example, Ms. Feser's
last report was provided in writing and she was available for questions that were not addressed in the
report and instead of a 45-60 minutes presentation, it was under 5 minutes. The board is trying to improve
communication with city staff support and focusing their time at meetings. Chair Gladstone added for
items like the tree code, it is important for the planning board to hear from the tree board because the
planning board are not technical experts on trees.
Councilmember Teitzel relayed the council's intent that the code update be holistic. The planning board
may have reviewed the minor code amendment process for the ECDC; the council's intent is for that to
apply to the entire code including the ECDC and ECC so that task will be larger than the planning board
may have thought.
Councilmember Buckshnis referred to the reference to BN zone use change on the planning board work
plan. Chair Gladstone answered that is Business Neighborhood such as Five Corners; there is a citizen
request to consider that. Councilmember Buckshnis recalled in about 2014, the UW Green Futures Lab
developed form based code for Five Corners as well as Westgate. She recalled the late Councilmember K.
Johnson wanted to pursue that but it fell on deaf ears.
5. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described the procedures for audience comments.
Marlin Phelps explained he attempted to make a public records request earlier today as apparently the o
City's website is down. In the past he was able to make public records requests via phone. He described
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the reason for his public records request. When he visited the court one day in the past, he saw then -Court Q
Administrator Joan Ferebee doing accounts receivable behind the window using a calculator that was M
creating a long tape. When he visited a month later, he saw the same thing. He was not able to see the N
numbers but they were either two or three digits. He ordered via CDs of the court proceedings, originally c
for his own proceedings, but in listening to Judge Fair on the CDs, every defendant paid huge fines. His w
public record request is to listen to the amounts in any month in the first half of 2014, add them up and
see if there is a huge discrepancy between those amounts and what was put in the City coffers, that would E
be the modus operandi to kill Thomas Wales.
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Ted Hikel, Lynnwood, asked the Edmonds City Council to do something about gun safety in light of the a
tragedy that occurred yesterday; he has also asked the Lynnwood City Council to do the same. He relayed
a well -liked republican senator this morning said the things we're heard, thoughts and prayers go out, but
it is too soon to talk about it. That's what was said after Sandy Hook, Parkland, and Uvalde; somebody
has to talk about it. It is something he has to do; he will go to every city council in Snohomish County and
will try to go to every city council in western, eastern and central Washington. He has done it before
when he was on the board of directors for AWC for a number years and talked with people from Pullman
to Ocean Shores, from Blaine to Vancouver. This is personal, something needs to be done. He asked the
Edmonds City Council to do something, pass a resolution or ordinance, noting passing an ordinance may
be unconstitutional. During the 20 years he was on the Lynnwood City Council, he once voted for
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something that he believed was unconstitutional because it was a matter of principle, a sauna that was
really a house of prostitution because at some point someone has to stand up and say enough. He asked
the council to pass a resolution, an ordinance or something to let people know. He hoped every city
council in the state and across the nation will stand up and say enough.
Brock Howell, Director, Snohomish County Transportation Coalition (Snotrac), explained Snotrac brings
together transportation and human service providers and planners to identify mobility gaps and
opportunities for people with disabilities, older adults, youth and low income individuals as well as
discreet groups of people to build communities. He spoke in favor of the Highway 99 revitalization
project and taking a comprehensive approach to it. Edmonds has a strategy to accommodate growth near
the Highway 99 corridor which makes sense due to great transit and opportunities to reach jobs and
school at a fairly low cost. The challenge is Highway 99 is also one of the most dangerous places to live
in terms of air quality as well as vehicular, pedestrian and bicycle accidents. As the City continues to
develop concepts for the Highway 99 revitalization project, he encouraged the City to support an
approach that is truly Complete Streets that accommodates all users so it will be an age -friendly, ability -
friendly place that can accommodate everyone who lives in Edmonds.
Joe Scordino, Edmonds, commented on the WSDOT MOU that should not be on the council's agenda.
The MOU does a great job of preserving WSF's interest in obtaining as much money as possible in the
sale of the Unocal property but without any regard to the detrimental effects on the citizens of Edmonds
or the environment. Although the mayor's press release states this MOU is good for the marsh, it is
noteworthy that the marsh is not even mentioned in the MOU, a great way of deceiving the public into
thinking this is a great MOU. The MOU does not preserve any of the Edmonds' taxpayers' interest. The
MOU states the City agrees to pay fair market value without any caveats. The City should have a set of
caveats regarding what the taxpayers will be burdened with relative to this property purchase. He asked
about WSDOT's commitment that the City has asked for repeatedly related to helping with the restoration
of salmon. That is what the City negotiated in the past and failed to get an MOU and now this MOU
signed by WSDOT does not mention helping restore salmon. He summarized why now, what's the rush
and why this MOU.
Susie Schaefer, Edmonds, said she woke to a barrage of emails about the WSDOT MOU. She didn't
know what to think about the MOU because she only thinks about restoring or preserving the a
environment. She rarely disagrees with Mr. Scordino or other environmentalists and Edmonds is fortunate Q
to have some very thoughtful people committed to the marsh, salmon, orcas, beach, trees and native
plants. Next month is Native Plant Month and as she usually does, she will read the council the N
Governor's proclamation. M
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Pat Smoldon referred to the MOU and the important of caring for the City, the marsh and the wL;
surrounding properties. Everyone should have a say and understand what is being considered with regard
to negotiating with the state. She summarized it was important that all the voices that should be heard are E
heard.
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7. RECEIVED FOR FILING
1. WRITTEN PUBLIC COMMENTS
2. OUTSIDE BOARDS AND COMMITTEE REPORTS
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
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8.1.a
1. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 21, 2023
2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT
3. ORDINANCE AMENDING ECC 2.35.040 - MANAGEMENT LEAVE
9. COUNCIL BUSINESS
1. HIGHWAY 99 REVITALIZATION PROJECT UPDATE
City Engineer Rob English explained this is an update on the design efforts for Stages 3 and 4 of the
Highway 99 project. He introduced Transportation Engineer Bertrand Hauss and Lisa Reed, Project
Manager, SCJ Alliance. The council approved the design contract for both stages in November; staff is in
the early stages of the design process. Earlier this month the design team met with WSDOT and received
guidance and new direction based on legislation approved last year related to Complete Streets and
accommodating all users. That resulted in changes to the cross sections for Highway 99 and modeling for
220' and potential accommodation of bikes lanes on 238'.
Mr. Hauss reviewed:
Project introduction
o Stage 3 — 244th St SW to — 500' North of 238th St SW
■ State -Funded Project (Connecting Washington & Move Ahead)
■ Design Phase secured
■ Right of Way phase secured
■ Construction partially secured
o Stage 4 — 224th St SW to — 1,000' North of 220th St SW
■ Secured Federal grant/local funds
■ Design phase secured
■ Right-of-way phase secured
■ Construction phase unsecured
o Start of design phase for both projects
■ December 2022
Ms. Reid reviewed
Highway 99 Cross -Sections
o Recommend adding protected bike lanes on both sides, remove the shy distances which
comes will associated drop in the speed limit to 40 mph
EtlmmMs Oieinal yy
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o WSDOT's implementation of Complete Streets included a recommendation to add bike lanes.
Stage 4: 220t1i WB Cross -Section Options
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• Comparison of 220t(' Options on LOS
OPTION t OPTION 2
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220th St sw
220M St Sw
Table 3. 2044 PM Peak Hour Level of Service
LOS (Intersection Approach Delay) Overall LOS & Delay
Concepts Evaluated Northbound Souhbound Eastbound Westbound LOS Delay(sec)
Option 1-2044 Dual NB/SB F (89.9) E (68.7) F (107.6) F (99.2) F 86.7
Lefts + WB Right (Baseline)
Option 2 — 2044 Added Dual
WB Lefts, No WB Right E (58.0) D (47.1) F (101.9) F (115.6) E 70.0
(4-lane section)
Option 3 — 2044 Added WB D (41.2) C (34.6) F (115.4) F (100.1) 58.4
Right (5-lane section)
• Stage 4: 220th WB Option 2
o Recommend reconfiguring to dual left -turns and shared use path
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INTERURBAN TRAIL-r'
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• Stage 3 — 238' EB Cross -Section Options
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8.1.a
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Stage 3 238r" EB Option 1 — 12' Shared Use Path on North
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Stage 3 — 238' EB Option 2 — 5' Bike + 6' Sidewalk on both sides
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238TH 5T 5W 239 r ■w
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Comparison of 238t1i Options
0 12' Multi -use path on north side only
■ Multiuse path/door conflict
■ Does not match City's comprehensive plan
■ Bike lanes do not align to future bike lanes on west side of Highway 99 (per
Transportation Plan)
o Sidewalk and 5' bike lanes on both sides
■ Avoids sidewalk/door conflict
■ Matches City's Comprehensive Plan
■ Bike Lanes Align to Future Bike Lanes on West Side of Highway 99 (per Transportation
Plan)
■ Bike Network Consistency and Use Expectations
o Recommend 5 foot bike lanes on both sides of roadway.
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Mr. Hauss reviewed:
Stages 3 & 4 Outreach Plan
o Each stage has the same, but independent public involvement process
■ Parks & Public Works Committee then council meetings (after the 30%, 60%, 90% at ad,
and as needed prior to open houses
■ Public open houses (one each after the 30%, 60%, 90%)
■ Stakeholder meetings (throughout the entire design)
■ Artistic Committee meetings (throughout the entire design)
■ Property owner meetings (after 30% and 60%)
■ Regular website updates
Staff Recommendations
o Highway 99: Add protected bike lanes on both sides of Hwy 99 (as part of Stages 3 & 4)
0 220th St SW: Reconfigure westbound approach to provide dual left turns and shared use path
0 238t' St SW: Add 5' bike lanes on both sides.
Council President Tibbott commented even though he hated to give up width on walkways, bike lanes
provide a buffer for the walkway so that was acceptable to him. He also liked that there was a vegetated
strip between the bike lanes and the street in some places, a very good reconfiguration. He asked how
bike lanes on Highway 99 access the Interurban Trail and how east -west connections cross Highway 99.
Mr. Hauss answered on 220t' the Interurban Trail is about 600' from Highway 99 which will provide a
good connection and bike lanes on Highway 99 connect to 224t''. Other connections will be provided in
future stages. Council President Tibbott commented he was interested in community input about that. Ms.
Reid advised in talking with WSDOT about the bike lanes, it was apparent skilled/through riders will be
on the Interurban Trail; bikes on Highway 99 will be localized traffic making connections.
Councilmember Buckshnis did not think changing the speed limit to 40 mph would work in view of
existing speeds vehicles. She expressed concern with putting bikes on Highway 99 similar to her concern
with bikes at the Westgate intersection. Bikes use the Interurban Trail which is why Edmonds completed
the missing link. Although the move is toward everyone biking, Edmonds' demographic does not bike
and Highway 99 is a busy street. She was concerned that adding bike paths on Highway 99 would result
in accidents in the future. She was aware Seattle and Portland have good bike lanes in the downtown >
areas, but Highway 99 is not a downtown area, it is a major arterial. She was concerned with safety even °
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with the separation. She asked how many bicycles use Highway 99, relaying she had not seen anyone
bike on Highway 99 in the 30 years she has been in Edmonds. She questioned why bike lanes were Q
necessary on Highway 99 and why bicycles would not use the Interurban Trail which is safer. She agreed N
it would be good to have an east -west connection. M
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Ms. Reid answered the function of the bike lanes on Highway 99 especially with the congestion is to get
people to what is on Highway 99. For example, if a bicyclist is riding on the Interurban Trail, they are E
likely to stay on it to travel north or south. When a cyclist wants to access a store/service on Highway 99
such as Dick's, they will be able to leave the Interurban Trail, cross the street and use the bike lanes to
reach Dick's. The only option currently is to ride on the narrow sidewalk which is shared with a
pedestrians. She was not aware of any bike counts for Highway 99 but recalled at every open house, there
have been questions about bike lanes on Highway 99.
Councilmember Buckshnis commented Edmonds has a very active bike group, recalling discussions
about the Westgate intersection were very contentious because it was all about the bikes. Bikes typically
only use bike lanes during daylight hours and in fair weather; cars use the roadway 24/7. She reiterated
her concern about safety with the addition of add bike lanes, relaying her understanding the bike lanes
were more of a touristy thing. Ms. Reid answered the bike lanes would likely be used to reach
destinations rather than as a thoroughfare.
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8.1.a
Councilmember Buckshnis reiterated it would be interesting to know how many people bike on Highway
99. Mr. English commented new developments occurring on Highway 99 include mixed use that include
multiple floors of housing. Bike lanes on Highway 99 would allow those residents to connect to the
Interurban Trail. As Ms. Reid said, bike lanes provide a connection to businesses and future development
along Highway 99. Councilmember Buckshnis commented there are no bike lanes on Highway 99 in
Shoreline or Everett or in between. Mr. English explained this is a recent change, filtering through
WSDOT due to the legislation change last year. WSDOT has funding planned for overlay work on
Highway 99 from Edmonds into Everett. WSDOT's own design teams are looking at options for
complying with Complete Streets and there may be some meshing of Edmonds' project with WSDOT's
project. This will be the future of what Highway 99 will look like as more improvements are made.
Councilmember Nand commented she grew up in this neighborhood and has ridden her bike on Hwy 99
since she was 12 years old and still does when the weather is good. When she rides in Seattle, Shoreline
and Lynnwood, the Interurban Trail is better delineated and marked; bike riders and pedestrian in the
Edmonds' section of the Interurban Trail often get confused and lose the Interurban Trail trying to get
from 76' down to 220ti' and under the roadway. She suggested the revitalization include more and better
signage. Lynnwood has public art on the utility cabinets along the Interurban Trail to identify the trail.
There are a lot more children on bikes in Mountlake Terrace and Shoreline especially going to Lake
Ballinger and on Meridian Avenue and she assumed there was a perception by parents that those well
used bike corridors were safer for children to bike on than in Edmonds. She was excited to see these
safety measures implemented.
Councilmember Nand said she often sees children biking on sidewalks instead of in dedicated bike lanes,
because it is intimidating for parents to let their children bike next to cars and because some adult cyclists
can be very aggressive and ride very fast. There can be conflicts between bike riders going fast and
pedestrians and slower bike riders so preserving sidewalk widths for pedestrians, slower bike riders and
children is very important. She was excited Edmonds was putting in time and effort so parents will think
it is as safe for children to bike in Edmonds as it is in Mountlake Terrace and Shoreline. Bike riding
impacts so many aspects such as childhood obesity, mental health, time away from screens, etc. and
coincides with the council's policies about improving the community's livability.
Councilmember Nand agreed with the difficulty reaching Highway 99 from the Interurban Trail on 220' o
She suggested giving consideration to gradation, a detour, zig zap, etc. to make it easier for bike Q
commuters to make that connection. She asked if the BAT lanes were for the exclusive use of public
transit and if single occupancy vehicles were not allowed. Ms. Reid answered yes, they will be signed the N
same as they are today. There has been discussion about signing them the way they are in Lynnwood M
which allows bicycles. Councilmember Nand commented those are very confusing to motorists in w
downtown Seattle and the U-District and signage will be important to avoid conflict between transit and;
motorists.
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Councilmember Nand asked if wildlife crossings had been contemplated, anticipating the under -crossing
would be a good opportunity. If people cannot slow for animals, they cannot slow for a child or a person a
with a disability who wanders into the roadway. Ms. Reid answered ecological connections are not
typically considered in an urban area, but she could see it on the Interurban Trail. The challenge is getting
animals to and through the crossing. It is similar to a fish culvert, the tunnel would need to be widened to
get wildlife to use it which would be a considerable cost. It could be considered in the future, but it was
not feasible as part of this project.
Councilmember Nand asked how long the construction -related lane reductions in Edmonds' portion of
Highway 99 will continue. Mr. English anticipated construction will continue into early May. The paving
window opens April 1; WSDOT will allow installation of the final wearing course on Highway 99 which
will be followed by striping and pavement markings. Councilmember Nand commented thankfully the
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construction has not affected access to small businesses. Some small businesses in Shoreline went out of
business due to how long construction took and the difficulty for customers to access their businesses and
she did not wat that to happen in Edmonds. She summarized this was an incredible improvement in the
community's quality of life, especially in getting young people to adopt multimodal transportation when
they are in elementary school.
Councilmember Paine commented this was an exciting project. She asked about the reduction in the speed
limit to 40 mph. Mr. Hauss advised a memo was submitted to WSDOT with support from Lynnwood to
reduce the speed limit from 244t' to 210'; staff is waiting for WSDOT to respond, hopefully in the next
few weeks or month.
Councilmember Paine asked whether these changes were required due to WSDOT implementing
Complete Streets. Ms. Reid answered it was part of the Move Ahead legislation passed in 2022; roads of
this size are required to look at Complete Streets. To not incorporate Complete Streets, a roadway would
have to have a design deviation which would be difficult to get for a project like this. There has been
some confusion about whether it has to be a WSDOT project to apply or whether it applies to all cities;
the way the legislation is written, she believed it applied to all roads.
Councilmember Paine expressed her support for the lower diagram for Highway 99 that includes
separated/protected bike lanes. She asked if the City's own Complete Streets ordinance applied on the
cross streets of 220t' and 238'. Ms. Reid answered yes, the connection at the 238' intersection will
connect with the planned bike route there that leads to 84t''. Councilmember Paine asked if that includes
sharrows. Ms. Reid answered it is either a 12' separated lane sidewalk height or 5' bike lane.
Councilmember Paine asked the standard for bike lanes for Edmonds' Complete Streets. Ms. Reid
answered there is no standard stated, only that the City will follow Complete Streets. Mr. English referred
to Section 18.80.015, the Complete Streets ordinance that indicates the City will identify ways to
incorporate modes of travel or transportation for all users. The bike lane standard is 5'; bike lanes can be
wider, the minimum is 4'. Councilmember Paine commented she was excited to see this coming together
and may even ride her bike again. She was glad the City was benefitting from the new legislation.
Councilmember Teitzel found this an exciting project and was pleased to see separation for the bike lanes a
which provides a safer option; safety is his paramount concern. He asked the cost to add bike lanes to the Q
project. Ms. Reid answered the roadway is the same width with and without bike lanes; the cost
difference is about $0-$50,000 per project. Councilmember Teitzel asked if that was true even with the N
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protected median. Ms. Reid referred to Slide 6, pointing out the right-of-way width is the same. M
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Councilmember Teitzel asked if SB 5974 mandated bike lanes on state highways. Ms. Reid answered no, wL;
SB 5974 required Complete Streets. There are caveats that it has to be a missing link; not every road has
to have bike and pedestrian lanes. It states a state route in an urban environment should consider E
implementation and there is a category of things to implement including a public process to ensure the
right facilities are built. a
Councilmember Teitzel referred to the recommendations and options, commenting they are driven in part
by the effects on LOS. The council will soon consider another concept, multimodal level of service
(MMLOS). He asked if use of that measurement would change the recommendation. Ms. Reid answered
no, multimodal looks at level of traffic stress (LTS), the stress on pedestrian or bikes of using a facility.
The highest stress is a sharrow lane, followed by a bike lane, then a separated bike lane, and then a grade
separated bike lane. LTS 1, the best, is separated from the roadway with a planting strip and at a different
elevation. Mr. English commented if the City adopts a MMLOS, as the City collects impact fees in the
future for new development, impact fees could be used to fund a portion of the bike lane. Under the
current LOS measurement, impact fees can only be used for intersection improvements.
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Councilmember Chen commented it was very exciting to see this project and staff was doing a wonderful
job adapting this top down model. He was glad to see the Complete Streets concept being implemented,
noting he has personally realized many American dreams and this is about to be one more realized. He
has biked on Highway 99 by cutting through parking lots, riding on sidewalks, etc. and it is very
dangerous. Connecting the Interurban Trail at 224' to 76' and across Highway 99 is very crucial because
it connects 76' to 220' and into downtown Edmonds. He suggest making that happen in a future project.
Even though it is called Highway 99, it is no longer a highway, it will just be a bigger street with
businesses, residences, and recreational activities. He applauded the effort and was excited to see it
coming together.
Councilmember Olson thanked the team for the hard work that is reflected in the presentation,
commenting it was obvious a lot had come together over several months. She was thrilled with the cross -
sections on Highway 99 and wanted the record to reflect that the Edmonds Bicycle Advocacy Group and
she were on the same page and 100% thrilled with this design. Having bike lanes separated from the street
by a buffer made the bike lanes much safer and she anticipated people of all ages would use the bike lane.
People live on Highway 99 and bike lanes allow them to reach other destinations such as the building
their friend lives in on Highway 99.
Councilmember Olson continued, a lot of time and effort went into this design which includes adding
high medians, crosswalks, and improving crosswalks and she did not love the idea of purposely designing
for lower speeds. To the extent that higher medians and other aspects improve safety, vehicles could still
drive 45 mph. She would love to be able to drive as fast as drivers can safely drive on Highway 99 and
every street in Edmonds. She noted in the cross sections in the packet, the right-of-way widths are same
except for the slide for 220' and 238'". Ms. Reid agreed some adjustments have been made.
Councilmember Olson asked about the recommendation on 238'". Ms. Reid advised the recommendation
for 238' is 5' bike lanes on both sides. Mr. English advised that was a change made to tonight's
presentation; at the time the presentation was included in the packet, that conclusion had not yet been
reached.
Mayor Nelson declared a brief recess.
2. DISCUSSION OF 2044 POPULATION AND HOUSING GROWTH TARGETS AND HB
1220 REQUIREMENTS
Planning Manager David Levitan explained this an important concept that will help shape future planning
for Edmonds. He reviewed:
Overview of Growth Targets
o Assigned to counties based on state projections
o Allocated to cities following collaborative process facilitated by Snohomish County
Tomorrow (SCT)
o Updated in advance of each comprehensive plan periodic update for 20-yar planning horizon
(last update was for year 2035
o Provide foundation for land use, housing and employment assumptions in comprehensive
plan
2044 population growth targets
o Adopted by Snohomish County in February 2022
o Based on recommendation from SCT Steering Committee
o City's 2044 target is 55,966 people by 2044 which is:
■ A 13,113 person increase over its 2020 population (42,853)
■ A 10,416 person increase over its 2035 growth target (45,550)
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0 2044 growth target saw a significant increase following Edmonds' designation as a high
capacity transit (HCT) community in Vision 2050
o On a percentage basis, Edmonds' projected population increase is about half that of
Lynnwood and Mountlake Terrace
Supply (BLR) vs Demand (Growth Targets)
o Buildable Lands Report (BLR) estimates future population capacity (supply) based on 2020
zoning (city has one recent rezone)
0 2021 BLR was adopted by county council in September 2021
0 2021 BLR showed that City's population capacity was 51,663 people, which is:
■ A 6,113-person surplus compared to 2035 growth target (45,550)
■ A 4,303 person deficit compared to 2044 growth target (55,966)
■ Only— 10% of current zoned capacity is in RS zones; — 55% is in CG zones
0 2024 comprehensive plan update will need to identify zoning changes to close this gap as
well as comply with HB 1220
HB 1220 and Allocations by Income level
o HB 1220 was passed by state legislation in 2021
o Amended GMA to strengthen language to require jurisdictions to "plan and accommodate"
for housing affordable to all income levels, including housing unit types affordable at each
income level (0-30%, 30-50%, 50-80%, 80-100% and market rate)
o Projected housing needs at different income levels are developed by Commerce and allocated
to counties
o Counties have different options for how to allocate that growth to individual cities and
incorporated areas
o That process is concluding, with SCT Steering Community scheduled to make
recommendation to County Council later this spring
Allocating units by income level
o Based on updated Commerce projections and calculated persons per household, City is
projected to need 9,068 more housing units between 2020 and 2044
o Commerce has developed two models for allocating units by income level
o Method A: new production only °
■ Same share of new housing growth at each income level assigned to each jurisdiction, o
based on population size a
o Method B: "Fair Share Allocation"
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■ Same share of overall 2044 total housing supply at each income level assigned to each
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o As there was no strong majority for either Method A or B, the Snohomish County developed M
a third hybrid approach (Method C) which builds off Method A but gives jurisdictions w
"credit" for their existing affordable housing supply
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Allocation Method differences in Edmonds CD
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8.1.a
Mar-9-2023 Draft 2020-2044 Housing Allocations by Income, City of Edmonds
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0-30%Non-PSH 0-30%PSH >30-50% >50-80% 180-500% >100-120% >12D%
■ Allocation Method A (2020-2044) ■ Allocation Method a (2020-2044) ■ Nlocation Method c (2020-2044)
o Method A shows about 4 1 % of projected need at 100% Area median Income (AMI) or above
o Methods B and C end up being fairly similar due to city's lack of housing supply affordable
at lower income levels and show —3% of projected need at 100% AMI or above and doubles
need at 30-100% AMI
o Will impact development assumptions and needed housing unit types in comprehensive plan
and implementing ordinances; City will need to plan for more MFR and middle housing
Working Group recommendation and next steps
o HO-5 Report working group met on March 9 and voted to recommend Method C to SCT
Planning Advisory Committee (PAC); several cities including Edmonds abstained
o PAC will make recommendation to SCT Steering Committee on April 13, and Steering
Committee will then make recommendation to County Council for potential adoption
o City will incorporate adopted methodology into its Comp Plan update to ensure compliance
with growth targets and HB 1220
Councilmember Olson commented she represents the City at SCT, and she heard about HB 1220 for the a
first time at last week's SCT meeting. She was disappointed to read that Edmonds had abstained from the Q
vote because the representative did not have direction. That would not have been the case if council had M
been informed of this and she wished council had had the opportunity to give direction to the voting N
member. Mr. Levitan advised the vote by the working group was supposed to occur March 30. His plan M
was to present this to the city council before that vote occurred. It was a 7-0 vote with 3-4 abstentions so w
even if the abstentions voted no, it would have been a 7-4 vote. Basically the southwest Snohomish
County cities are in a similar situation with regard to impacts and did not realize the vote would occur on
March 9. Discussion will still occur at several levels including the planning advisory committee (planning
directors and city managers) and Steering Committee (elected officials) before a recommendation is
forwarded to the County Council. Councilmember Olson thanked Mr. Levitan for explaining the a
timeframe, relaying her hope that now that the council has had further discussion, the groups can be
apprised that the council has a preference so the decision does not look so overwhelmingly in favor of
Method C.
Councilmember Buckshnis requested Mr. Levitan send the council the PowerPoint and the source data.
Mr. Levitan agreed, commenting the HO-5 Report, housing policy 5 in the Countywide Planning Policies,
is a very good resource. Councilmember Buckshnis said she was on the SCT when those policies were
created. She was glad SEPA will be required, noting Puget Sound Regional Council and Puget Sound
Partnership and Puget Sound Recovery Council do not mesh housing with the environment. She asked for
clarification regarding the statement in the agenda memo, "The city will be issuing a scoping notice under
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8.1.a
the State Environmental Policy Act (SEPA) and will be required to analyze/assess several growth
alternatives for meeting its population and employment growth targets." Mr. Levitan answered the
scoping notice he referenced was related to the City's comprehensive plan, not this project. Staff plans to
hold off issuing the scoping notice until there is a better assessment of the City's housing units and
allocation needs. The plan is to do a scoping notice and potentially a determination of significance under
SEPA which will drive the EIS process for the comprehensive plan as far as what is analyzed. That will
be a major component of the scoping notice because there will be different housing types depending on
the project housing allocation.
Councilmember Buckshnis pointed out there are 1000 units coming on board in the next few years; she
asked if that will be considering in determining future units. Mr. Levitan answered yes, as part of
planning for the comprehensive plan and the background analysis for the comprehensive plan. An
updated RFP is being prepared; there was limited response to the original RFP. Edmonds, like a number
of other cities, is having difficulty finding a qualified consultant which has impacted development of a
work plan. A 2018 housing needs study, prepared by BERK Consulting in advance of the housing
commission's recommendations, will be updated as well as an analysis done of how the City is doing in
relation to the analysis with the BLR completed in 2019-2020. A number of units have been completed
since then so a more accurate understanding of the supply versus the demand will be necessary.
Councilmember Buckshnis suggested tapping into the Affordable Housing Alliance (AHA) who have
done work for the City with regard to demographics, housing, etc. These targets are projections based on
the global aspect of what is happening in Seattle. Mr. Levitan agreed these are projections and are done at
the four county level based on a regional growth concept. Percentages are allocated to the central city
which is Everett in Snohomish County and percentages assigned to the core cities, Lynnwood and the
Snohomish County portion of Bothell, and Edmonds as an HTC city gets a similar allocation. The
proximity to light rail is factored in which is why Mountlake Terrace's numbers are higher. HB 1220
requires planning and accommodating, not a guarantee that all the units will be built. Cities cannot have
goals and policies that would preclude development of housing to meet the needs across all different
income levels.
Councilmember Buckshnis said she asked City staff to look into the HTC designation because in her
opinion Sounder and the multimodal station is not really HCT, the ferry is mostly commerce and there is a
no east -west connection. She suggested separating Edmonds as HTC near Highway 99 and not HTC in Q
the bowl. She found it unfortunate that Edmonds is designated HTC when there is no east -west
connection, Sounder has been reduced to two trains and transit ridership is down since the pandemic. N
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In response to Councilmember Buckshnis' comment, Councilmember Nand said the ferry terminal w
downtown makes Edmonds very transit rich east -west. She is the City's AHA liaison; Chris Collier,;
HASCO, reminded cities that they are paying for him and his expertise and he is happy to advise on
comprehensive plan updates. He cited Edmonds' incredible high median house prices as an example E
during a recent meeting.
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Councilmember Nand said she did not have a lot of faith in the calculation of AMI to create actual
affordable housing because of the incredibly high incomes in Snohomish County, particularly in south
Snohomish County which throws off the medians to the point where even 60-80% AMI is out of the reach
of anyone earning anything close to minimum wage; AMI in Snohomish County is approximately
$80,000/year. If the goal is to create a stock of affordable housing, cities need to be more direct and look
at concepts like income restricted buildings. In California, some government entities are entering the real
estate market as market participants and school districts are acknowledging the value of teachers living in
the community where they teach but acknowledge they cannot pay civil servants enough to compete with
private sector employees in communities around Palo Alto and Silicon Valley. School districts in those
areas are buying buildings or developing buildings on land they own to provide housing for their
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employees. She asked if those options could be explored; perhaps Edmonds School District would be
interested. She recalled a former Lynnwood mayor wanted to purchase property to house homeless
families in the Edmonds School District. Creating actual affordable housing will have to be more direct
than what many of the state -level plans contemplate.
Councilmember Nand asked how DADUs and ADUs affect the calculation of affordable housing under
Methods A, B, and C. Mr. Levitan answered under current state law DADUs and ADUs cannot be
factored in to the calculation for meeting housing unit needs. There has been some discussion about
changing that and legislation has been proposed. That is something the City can assess, but it will not be
the primarily tool for meeting the City's housing needs. That doesn't mean they should not be pursued
from a general affordability component, but specifically for HB 1220 compliance, that would not be a tool
that could be used. HB 1220 requires cities identify a wide variety of different tools that could include
employer based programs to provide affordable housing for their employees, income restricted zoning
ordinances, requiring a percentage of affordable housing for projects of a certain size (inclusionary
zoning), etc. HB 1220 requires cities think of ways to solve this issue, to create programs and policies to
allow the city to meet their housing needs. There are a lot of different ways to comply with HB 1220 such
as considering the CHC's recommendations, working with AHA, holding community forums to gather
input on specific programs the City should pursue, etc.
Councilmember Chen commented although 9,000 units by 2044 is an estimate, the direction is clear, the
population is growing and the City needs to get ready. If the City wants to add 7,000-9,000 by 2044, they
need to be added throughout the City and not in just one area. Highway 99 is not able to accommodate
that entire population increase due to the lack of parks, recreation, green space and infrastructure. He
looked forward to the planning department developing thoughtful and workable solutions. Mr. Levitan
said if HB 1110 in some iteration passes, it would significant alter the City's housing capacity and require
that the BLR be rerun. If HB 1110 allows up to 3 units per lot for cities like Edmonds with population of
23,000-75,000 within a continuous UGA of Seattle, it would significant expand the projected housing
capacity and largely address this issue. The legislative session ends in a few weeks which will answer
those questions. Edmonds is slightly behind some other cities in its comprehensive plan update, but HB
1110 may require those cities to redo their housing numbers. HB 1110 will require the development code
update to occur within a certain period of the periodic comprehensive plan update which is the end of
2024.
Councilmember Paine thanked Mr. Levitan for the fascinating report and the links. She asked if the
definition of affordable for Edmonds included MFTE properties. Mr. Levitan answered it would include N
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all properties, but 0-30% AMI is primarily subsidized housing. Councilmember Paine observed 50% AMI M
or below is about half of what Edmonds would be expected to accommodate under Methods A, B or C. w
Mr. Levitan agreed, noting there is more in 30-50% under Methods B and C and non -permanent and;
permanent supportive housing are similar regardless of the methodology. When shifting from Method A CD
to B or C, requirements move to the lower income levels. He pointed out AMI is done at the countywide E
level; the average income in Edmonds is different than Granite Falls or Darrington which is reflected in
HB 1220 compliance. For example, it may be possible to provide a relatively large home in Granite Falls a
at 100% AMI, but that is equal to a one bedroom condo in Edmonds. Further analysis will be required;
the comprehensive plan will be the opportunity to get into those details.
Councilmember Paine commented it would be interesting to see the City's current level of 30% non PSH
and 30% PSH. Mr. Levitan referred to the graph of draft 2020-2044 Housing Allocations by Income, City
of Edmonds, pointing out the 0-30% non-PSH is already above 1500 units which indicates Edmonds has
very little which is why the projected need even under Method A is so high.
Councilmember Paine said she will need to review HB 1220 more closely and observed the requirements
will be built into the comprehensive plan. Mr. Levitan agreed compliance with HB 1220 will be a major
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8.1.a
part of the housing element, even more than the legislation that is currently proposed because HB 1220
amended the GMA. Councilmember Paine said she had heard about HB 1220, but did not grasp all the
details. She asked if the council would see this again or would it just be included in the comprehensive
plan update. Mr. Levitan answered once the County Council provides a recommendation on the income
allocations as well as legislation adopted during the current session, staff will utilize the planning board as
well as come to the council with intermediate touchpoints.
Councilmember Teitzel complimented Mr. Levitan, he has been with the City a very short time and he
admired the grasp he had of these complicated issues and he did a great job of presenting information in
an understandable manner. Whether DADUs are eventually implemented by the City or they are state
mandated, he was disappointed they could not be counted toward affordable housing targets. In his
opinion if someone wanted to build a small DADU such as 700 square feet and rent it to someone earning
30% AMI, that is exactly what the City should support. In addition, it was his understanding with the bills
currently being considered by the legislature, especially the lot splitting bit, if someone built a DADU in
their backyard and split their lot and the DADU is on half the lot, it would count toward affordable
housing targets. In his opinion it did not make sense that DADUs could not be counted toward affordable
housing targets. He was hopeful there would be an amendment before the bills were approved this session
to allow DADUs to be counted. That desire has been expressed to Mr. Tatum and the City's lobbyist and
other cities have expressed the same concern. Mr. Levitan offered to research whether there had been any
amendments. As it relates to density, DADUs cannot be counted because they are considered accessory to
the primary residential use on the property. When the property is split, it becomes the primary residential
unit.
Council President Tibbott echoed Councilmember Teitzel's concerns. If there are ever incentives for
ADUs or DADUs, they will need to count toward meeting the City's housing targets because if not, there
is no reason for the City to encourage them. He agree housing in Edmonds at 30% AMI will require a
subsidy. He asked the source of those subsidies. Mr. Levitan answered the comprehensive plan goals and
policies will need to identify potential partnerships, programs to pursue grant funding, tax credits, etc. HB
1220 requires the comprehensive plan identify strategies for the potential production of those units.
Council President Tibbott said he was skeptical and had no idea how the state would subsidize that much
housing.
Council President Tibbott commented it was very unlikely that a duplex or triplex on a single family
residential lot in Edmonds would be less than 80% AMI and he was skeptical even the requirements in
HB 1110 could meet the lower income housing requirements in Edmonds. To be successful, one needed
to believe it was possible, and he did not believe it was possible. Mr. Levitan agreed it will need to be
analyzed; HB 1 110 is not directly related to HB 1220. Only HB 1220 is effective now, but if HB 1110 is
passed, it will have an impact on the City's capacity to meet the affordability requirements as far as unit
allocations. He agreed there duplexes would be far and above affordable even at 120% AMI.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT,
TO EXTEND FOR 15 MINUTES.
Councilmember Olson said the extension should be 30 minutes as there was still another agenda item. She
did not support the motion.
UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN,
BUCKSHNIS, AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES;
COUNCILMEMBERS OLSON AND PAINE VOTING NO.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
ASK FOR ALLOCATION METHOD A BECAUSE IT IS A SMALLER IMPOSSIBLE NUMBER.
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Councilmember Paine said she preferred to spend time with the information and to have Mr. Collier
(HASCO) talk to the Council about the allocations, recalling he made a presentation to the council in the
past. Before the council selects Method A, she wanted to have further discussion to determine what each
method look likes for Edmonds.
Councilmember Nand appreciated Councilmember Olson's desire to limit the City's burden, but did not
understand why the City would vary from the method that seemed to be pursued by Snohomish County,
Method C which includes the existing supply in the calculation for the amount of affordable housing. Mr.
Levitan clarified Method C is built off Method A but varies significantly based on the existing housing
supply. Edmonds does not have a large affordable housing supply which is the reason Edmonds' Method
C is more similar to Method B than Method A. A city in NE Snohomish County that has a significant
supply of affordable housing 0-40% AMI, their Method A and Method C would be more similar because
they get credit for their affordable housing supply. Edmonds does not get credit for affordable housing
supply because the City does not have much affordable housing. The fundamental difference between
Methods A and B is Method A is an equal allocation of new growth and B is an equal allocation of total
housing supply in 2044. For cities that have a lot more housing supply at 0-80% AMI, their Method C
would be more similar to Method A because they start with new growth and get credit for lower income
levels and their housing supply shifts toward market rate housing because they get credit for below
market rate housing whereas the opposite occurs in Edmonds because the City does not have an
affordable housing supply and housing shifts toward a lower AMI under Method C.
Councilmember Nand pushed back on the black box perception that when someone buys a property, it is
occupied by one nuclear family. She is a millennial and when people in her generation buy property, c
especially in the Edmonds area, they usually rent out a portion of it. That is lost by focusing on the new
production and the black box assumption that one house has one family. That is not her lived experience
as a millennial; due to the incredibly hot real estate market, homeowners think in terms of multifamily
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even with homes designed as traditional single family dwellings. She was hopeful by not limiting the City
to Method A, there could be a more nuanced view of how housing is being used. Mr. Levitan answered
this is a countywide planning effort so the methodology is consistent across all jurisdictions and it is
difficult to have an individualized approach. There will be cities who are happy with each of the methods. o
For example in Lake Stevens, the distributions were much more similar. He offered to provide the charts
for each city in the HO5 Report to illustrate the variation between jurisdictions. He understood °
Councilmember Nand's point about nuances and changing housing trends; those will be considered in the Q
comprehensive plan.
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Councilmember Chen commented there are too many moving parts with HB I I10 that is still under N
consideration as well as Councilmember Nand's point about houses accommodating two families. Once w
those moving parts settle, the City may find another method more advantageous. He did not want to make;
a decision regarding the method at this point and preferred to study it for a short time. Mr. Levitan CD
advised the PAC, which includes Planning & Development Director Susan McLaughlin, will make their E
recommendation to the Steering Committee on April 13, the Steering Committee will consider it and
make a recommendation to the County Council so there is still opportunity for councilmembers to do a
additional research and discuss it again.
Councilmember Olson said the reason for voting now is to register the City's preference with Snohomish
County. Edmonds is one vote out of many and it may not affect the end result. It will be a challenge for
the City to meet the allocation even utilizing Method A. The land in Edmonds is very expensive which is
why there has not been a lot of affordable housing built. That will not change and it will continue to be a
challenge. Edmonds needs to do its part, but Method A is much more than the City has ever had. She
recommended councilmembers vote in favor of the motion.
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UPON ROLL CALL, MOTION FAILED (3-4), COUNCIL PRESIDENT TIBBOTT AND
COUNCILMEMBERS BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS
TEITZEL, CHEN, PAINE AND NAND VOTING NO.
3. WSDOT/CITY OF EDMONDS MEMORANDUM OF UNDERSTANDING
COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
POSTPONE THE CONVERSATION ABOUT THE MOU.
Mayor Nelson voiced his disappointment that the director sat through the council meeting only to hear at
10:09 p.m. that the council would not be discussing this item.
Council President Tibbott said over the past week, the council has heard comments for and against the
MOU and a number of questions have been raised. The discussion is valuable but could take another 20-
40 minutes. He requested councilmembers forward their questions to the appropriate staff person and this
agenda item brought back to the council as soon as possible for deliberation.
Councilmember Paine did not support the motion and preferred the council discuss the MOU now. She
had no problem with the MOU; this is a chance in a lifetime and the information in the packet is very
clear. A lot of the council have already seen the purchase and sale agreement with Unocal and WSDOT.
Approval of the MOU is a way to advance a cause that everyone supports and delaying it doesn't make
sense. All the options are laid out in the MOU and it keeps the ball in the City's court. This is the first
time in over five years that the council has a chance to do something and she was concerned with
delaying it. If the motion passed, she requested a date certain not later than April 18. She was very
disappointed the council wanted to delay this item.
Councilmember Teitzel relayed his understanding that the City has a right of first refusal on the purchase
of the Unocal property and asked if that expires soon. City Attorney Jeff Taraday answered it expires at
the end of the biennium, June 30'. Councilmember Teitzel observed if the council did not approve the
MOU tonight, it does not affect the expiration of the right of first refusal. Mr. Taraday answered it does
not.
Councilmember Buckshnis expressed support for the motion, noting Councilmember Paine obviously a
does not hear from some of the people she hears from. The City has a right of first refusal in the state Q
biennium budget which she provided council. This MOU requires a very detailed discussion and she has M
submitted numerous questions to staff. There is a Department of Ecology cleanup and public hearing 00
scheduled in July. She suggested everyone take a breather and read all the documents so they know what c
they are voting on. w
c
Councilmember Nand apologized to Director Tatum. The crux of the confusion seems to be related to
E
Provision 2.3 and Provision 4.3, the previous valuation of $8.1M versus the guarantee that the City will
pay fair market value regardless of what WSDOT determines that to be in the future. If the conflict f°
between those provisions could be satisfied, she anticipated that would settle a lot of the concern. The a
MOU has a much better chance of passing if the council's and community's questions regarding these
two provisions as well as how the right of first refusal binds the City to pay fair market value could be
resolved.
Councilmember Paine commented she is well aware there is a proviso, but this is different than a proviso;
it lays out the path the City will take. She took personal offense at Councilmember Buckshnis' comment.
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
Edmonds City Council Draft Minutes
March 28, 2023
Page 23
Packet Pg. 109
8.1.a
12 ADJOURN
The council meeting was adjourned at 10:15 p.m.
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Edmonds City Council Draft Minutes
March 28, 2023
Page 24
Packet Pg. 110
8.2
City Council Agenda Item
Meeting Date: 04/4/2023
Approval of claim checks and wire payments.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #256859 through #256929 dated March 30, 2023 for $1,672,323.98 (re -issued
check #256914 $56,509.22) and wire payments of $4,558.60 & $1,337.85.
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 claim checks 03-30-23
Packet Pg. 111
8.2.a
apPosPay Positive Pay Listing Page: 1
3/30/2023 12:14:27PM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
076040
911 SUPPLY INC
256859
3/30/2023
1,238.00
065568
ALLWATER INC
256860
3/30/2023
129.84
074718
AQUATIC SPECIALTY SERVICES INC
256861
3/30/2023
2,298.65
069751
ARAMARK UNIFORM SERVICES
256862
3/30/2023
286.24
071174
AXON ENTERPRISE INC
256863
3/30/2023
3,001.84
069226
BHC CONSULTANTS LLC
256864
3/30/2023
16,624.70
072005
BROCKMANN, KERRY
256865
3/30/2023
1,485.90
078083
BUYCE JR, RICHARD J
256866
3/30/2023
24.00
073029
CANON FINANCIAL SERVICES
256867
3/30/2023
1,136.65
069813
CDW GOVERNMENT INC
256868
3/30/2023
5,382.30
070323
COMCAST BUSINESS
256869
3/30/2023
46.86
076829
CRYE PRECISION LLC
256870
3/30/2023
868.16
006200
DAILY JOURNAL OF COMMERCE
256871
3/30/2023
844.80
077437
DASH MEDICAL GLOVES INC
256872
3/30/2023
614.73
068190
DATEC INC
256873
3/30/2023
14,451.19
073823
DAVID EVANS & ASSOC INC
256874
3/30/2023
557.50
006626
DEPT OF ECOLOGY
256875
3/30/2023
1,067.89
064531
DINES, JEANNIE
256876
3/30/2023
872.00
007675
EDMONDS AUTO PARTS
256877
3/30/2023
132.59
076610
EDMONDS HERO HARDWARE
256878
3/30/2023
708.46
008705
EDMONDS WATER DIVISION
256879
3/30/2023
3,046.23
008812
ELECTRONIC BUSINESS MACHINES
256880
3/30/2023
559.25
009350
EVERETT DAILY HERALD
256881
3/30/2023
455.80
076751
FALK, NICHOLAS
256882
3/30/2023
810.36
065427
FCS GROUP
256883
3/30/2023
5,862.50
079205
FUJI MATS LLC
256884
3/30/2023
1,130.00
073736
GOLDSTREET DESIGN AGENCY INC
256885
3/30/2023
1,059.99
078907
GOLEMBIEWSKI, LAUREN
256886
3/30/2023
197.50
079233
GOODNIGHT, BRIAN
256887
3/30/2023
466.00
012199
GRAINGER
256888
3/30/2023
264.32
012560
HACH COMPANY
256889
3/30/2023
3,099.57
074804
HARLES, JANINE
256890
3/30/2023
300.00
072647
HERRERA ENVIRONMENTAL
256891
3/30/2023
25,940.56
075966
HULBERT, CARRIE
256892
3/30/2023
2,851.67
076488
HULBERT, MATTHEW STIEG
256893
3/30/2023
500.00
075062
JAMESTOWN NETWORKS
256894
3/30/2023
1,303.90
079069
KISHA POST
256895
3/30/2023
2,485.00
067568
KPG PSOMAS INC
256896
3/30/2023
1,444.04
079217
KRUMOVA, RAYKA & STEFAN
256897
3/30/2023
7,780.00
017135
LANDAU ASSOCIATES INC
256898
3/30/2023
757.57
018980
LYNNWOOD HONDA
256899
3/30/2023
2,990.47
078126
MARSH USA INC
256900
3/30/2023
1,638.43
077253
MAYES TESTING ENGINEERS INC
256901
3/30/2023
90.00
020900
MILLERS EQUIP & RENT ALL INC
256902
3/30/2023
14,977.60
072507
PEACE OF MIND OFFICE SUPPORT
256903
3/30/2023
536.00
028860
PLATT ELECTRIC SUPPLY
256904
3/30/2023
75.96
046900
PUGET SOUND ENERGY
256905
3/30/2023
12,644.53
068657
ROBERT HALF
256906
3/30/2023
4,610.40
079247
SANDY POND 1 LLC
256907
3/30/2023
196.64
071655
SHI INTERNATIONAL CORP
256908
3/30/2023
558.18
075486
SHIPLEY, BRAD
256909
3/30/2023
24.81
036955
SKY NURSERY
256910
3/30/2023
663.00
037375
SNO CO PUD NO 1
256911
3/30/2023
25,071.72
Page: 1
Packet Pg. 112
apPosPay Positive Pay Listing
3/30/2023 12:14:27PM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
063941
SNO CO SHERIFFS OFFICE
256912
3/30/2023
38,490.51
063941
SNO CO SHERIFFS OFFICE
256913
3/30/2023
3,000.00
037075
SNOHOMISH CO AUDITOR'S OFFICE
256914
3/30/2023
56,509.22
037303
SO SNOHOMISH CO FIRE & RESCUE
256915
3/30/2023
1,347,939.62
079234
SUGAR + SPOON
256916
3/30/2023
712.52
079248
SYSON, LINDSAY
256917
3/30/2023
129.00
073749
THE WATERSHED COMPANY
256918
3/30/2023
3,568.75
070774
ULINE INC
256919
3/30/2023
839.41
070797
US ECOLOGY
256920
3/30/2023
3,158.20
064423
USA BLUE BOOK
256921
3/30/2023
1,556.20
079240
VILA, ELISA
256922
3/30/2023
74.00
068259
WA ST CRIMINAL JUSTICE
256923
3/30/2023
100.00
077785
WASHINGTON KIDS IN TRANSITION
256924
3/30/2023
75,282.29
075635
WCP SOLUTIONS
256925
3/30/2023
172.38
074609
WEST COAST ARMORY NORTH
256926
3/30/2023
2,226.20
079243
YOUNG MARKETING
256927
3/30/2023
2,000.00
011900
ZIPLY FIBER
256928
3/30/2023
1,110.20
078889
ZOOM VIDEO COMMUNICATIONS INC
256929
3/30/2023
15,800.40
GrandTota I :
1,728,833.20
Total count:
71
Page: 2
Packet Pg. 113
8.3
City Council Agenda Item
Meeting Date: 04/4/2023
Adoption of Minor Code Amendment Package 1 (AMD2023-0003)
Staff Lead: Mike Clugston
Department: Planning Division
Preparer: Michael Clugston
Background/History
As part of the code modernization process introduced to the City Council in September 2022, the
Council adopted Ordinance 4295 on March 7, 2023 (Attachment 1). The ordinance created a new minor
code amendment review process in Chapter 20.80 of the Edmonds Community Development Code
(ECDC) for changes which need no policy study. The minor process allows for streamlined review and
cleanup of minor development code items in Titles 15 - 24 ECDC via the Council's consent agenda, with
councilmembers having the ability to remove items from the consent agenda to allow for additional
discussion.
Council also expressed interest in making similar minor changes to Titles 1 -10 of the Edmonds City
Code (ECC). This work is not subject to the minor code amendment process in ECDC 20.80 but can be
included with regular omnibus revision packages and is in this case.
The intent is to bring these packages to Council on a periodic basis (quarterly to start).
Staff Recommendation
Review the proposed minor code amendments in this package (Exhibit A to Attachment 3) and adopt
the ordinance (Attachment 3) via the consent agenda. If there are questions, provide additional
guidance to staff for future packages
Narrative
The attached Minor Code Amendment Package 1 spreadsheet (Attachment 2) contains 18 minor
amendments subject to ECDC 20.80 and a further four minor amendments to Titles 1 - 10 ECC, which are
not subject to ECDC 20.80. There are four other amendments that occur in both Titles 1 - 10 and 15 -
24. The proposed changes are shown as stFik g;/underline text in Exhibit A to Attachment 3.
There are six columns in the spreadsheet that include the following information:
1) Code reference - the section, chapter or location(s) proposed for change
2) Current code language proposed for change
3) Number of occurrences - the number of times the change will be made in the code
4) Proposed change - what is proposed to be done whether eliminating or updating language
5) Reason for the proposed change - expired or repealed code, typo, outdated reference, redundant
6) Notes - context about the reason for the proposed change
Examples
Below are several examples from the spreadsheet.
Expired and Repealed Code: It is unknown why expired and repealed portions of the code were
retained. It may have been easier to follow changes when the code was paper -based. Because codes
Packet Pg. 114
8.3
and ordinances are now available electronically and searchable, keeping these old references no longer
makes sense.
1) Expired definition and chapter:
21.30.014 Farmers' market.
Expired. [Ord. 3894 § 1, 2012].
Chapter 20.04A
ABANDONMENT, CONSTRUCTION AND AUTHORIZATION OF PUBLIC PROJECTS AND STREET
VACATIONS AND DEDICATIONS
(Expired)
2) Repealed definition, section and chapter:
21.30.080 Freestanding sign.
Repealed by Ord. 3313. [Ord. 2605 § 4, 1987].
15.00.030 Other fees.
Repealed by Ord. 3108. [Ord. 2498, 1985; Ord. 2252 § 2, 1981; Ord. 2190 § 2, 19811.
Chapter 4.10
TOW TRUCK OPERATIONS - REGULATIONS
(Repealed by Ord. 2727)
Typo: An incorrect reference, spelling error, or other formatting typographical error.
20.75.040C
A survey map, if required by the development services director, of the exterior boundaries of
the land to be subdivided, prepared by, and bearing the seal and signature of, a professional
land surveyor registered in the state of Washington. This map can be combined with the
preliminary €CDC 20.'ry 75.050 plat at the applicant's option;
Outdated Reference: Sections that no longer apply to current code due to the passage of time, updated
protocol, or changes in technology.
9.05.010 Base or datum line established
The base or datum line to which the grade of the city of Edmonds shall be referred is established
at an elevation of 40 and 11/100 feet above high tide, taking high tide as 100 feet. A sandstone
four inches square with a hole in the middle, a box around it and planted at the southeast
corner of the Hotel Stevens on Bell Street is the initial point.
Redundant: Sections that have been recodified into other chapters.
17.35.030 Keeping of domesticated animals in residential zones.
Recodified to ECC 5.05.015 by Ord. 3988
Attachments:
Attachment 1 - Ordinance 4295
Attachment 2 - Summary of Minor Code Amendments in AMD2023-0003
Attachment 3 - Ordinance Adopting Minor Code Amendment Package 1
Packet Pg. 115
8.3.a
ORDINANCE NO.4295
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 20.80 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "TEXT AND MAP CHANGES," TO ADD A NEW
STREAMLINED PROCESS FOR ADOPTING MINOR
AMENDMENTS TO THE ECDC.
WHEREAS, the city is engaged in an ongoing effort to improve its code; and
WHEREAS, this code improvement effort requires a multi -faceted approach; and
WHEREAS, among other efforts to improve its code, the city would like to facilitate the
adoption of code amendments that are minor, noncontroversial, and not needing of the public
participation that accompanies more substantive amendments to the city code; and
WHEREAS, a streamlined process for such amendments would free up the capacity of the
planning board to allow it to focus on more substantive code amendments;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 20.80 of the Edmonds Community Development Code, entitled "Text
and Map Changes," is hereby amended to read as set forth in Attachment A, which is attached
hereto and incorporated herein by this reference as if set forth in full (new text is shown in
underline; deleted text is shown in s4ile thfettgh).
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.
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8.3.a
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
MIKE NELSON
ATTEST/AUTHENTICATED:
CLERK, SC_ ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: March 3, 2023
PASSED BY THE CITY COUNCIL: March 7, 2023
PUBLISHED: March 10, 2023
EFFECTIVE DATE: March 15, 2023
ORDINANCE NO. 4295
4
Packet Pg. 117
8.3.a
SUMMARY OF ORDINANCE NO. 4295
of the City of Edmonds, Washington
On the 71h day of March, 2023, the City Council of the City of Edmonds, passed Ordinance
No. 4295. A summary of the content of said ordinance, consisting of the title, provides as M
follows: o
0
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, o
N
AMENDING CHAPTER 20.80 OF THE EDMONDS COMMUNITY o
DEVELOPMENT CODE, ENTITLED "TEXT AND MAP CHANGES,"
a
TO ADD A NEW STREAMLINED PROCESS FOR ADOPTING MINOR
AMENDMENTS TO THE ECDC
The full text of this Ordinance will be mailed upon request.
DATED this 71h day of March, 2023.
C CLERK, SC ASSEY
W)
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8.3.a
ATTACHMENT A
Chapter 20.80
TEXT AND MAP CHANGES
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Sections:
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20.80.000
Scope.
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20.80.010
Procedural and nonzoning related changes.
a
20.80.015
Minor zoning code and map amendments.
r
20.80.020
Major zoning code and map amendments.'GRORg and PlaRRiRg ChaRges
a,
20.80.030
Pre -Annexation zoning.
Y
20.80.000 Scope.
This chapter sets forth the procedure for amendment to the text and any applicable maps
adopted by and within the community development code, but does not apply to other chapters
of the Edmonds City Code. Because various provisions of the community development code
are adopted under different state regulations, this chapter is divided into two four basic
divisions as set forth below.
20.80.010 Procedural and nonzoning related changes. ?
Amendments to the following text materials (and where applicable, maps and other LO
incorporated codes or codifications within them) shall be reviewed and made by the city council v
and may be adopted in the same manner as any other ordinances. The city council may refer a
proposal to the planning advisory board, or other board, commission, committee, staff, or
other ad hoc group for its or their nonbinding recommendations. 0
A. ECDC 15.00.020, Application Fees;
B. ECDC Title 18, Public Works Requirements, except Chapter 18.50, Official Street Map;
C. ECDC Title 19, Building Codes;
D. Chapter 20.15A ECDC, Environmental Review (SEPA);
E. Chapter 20.70 ECDC, Street Vacations.
20.80.015 Minor zonine code and mar) amendments.
A. Intent. This process is used by City Council to review and decide on minor zoning code and
map amendments. It is a streamlined process used for proposed changes which need no
policy study.
Packet Pg. 119
8.3.a
B. Suitability. This process is used for:
1. Minor development code amendments to promote clarity, eliminate redundancy, or to
correct inconsistencies: and
2. Minor zoning map amendments to correct grammatical, labeling, or similar errors on
the official zoning map.
C. Review process. The Planning and Development Director periodically prepares a package
of amendments for review and presents them to the City Council on their consent agenda.
At its discretion, the Council may:
1. Approve the entire package; or
2. Remove one or more of the proposed amendments from consent for additional
discussion about the suitability of an amendment for the minor process or remove an
amendment from the minor process roster altogether for processing as a major
amendment as described in ECDC 20.80.020 and then approve the remainder of the
package.
20.80.020 Major zoning code and map amend mentsZening and planning Ghange`'.
A. Review. Amendments to the following text materials (and where applicable, maps and other
incorporated codes or codifications within them) before amendment by the city council shall
first be reviewed by the planning advisory board as a Type V decision using the purposes and
criteria set forth in the applicable chapters as the basis for its review and recommendations:
1. ECDC Title 15, Land Use Plans and Policies, except application and permit fees.
2. ECDC Title 16, Zone Districts.
3. ECDC Title 17, General Zoning Regulations.
4. ECDC Title 20, Review Criteria and Procedures, excluding:
a. Chapter 20.15A ECDC, Environmental Review (SEPA);
b. Chapter 20.70 ECDC, Street Vacations.
5. Chapter 18.50 ECDC, Official Street Map.
1:�►[.I1C•t�•��y�Z�►•I�1��I���I�IC�
C-20.80.030. Pre -Annexation Zonine.
2
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8.3.a
When the city council, in its discretion, deems it appropriate to adopt pre -annexation zoning
comparable to that in effect in Snohomish County for a proposed annexation area, the
procedural and notice requirements of RCW 35A.14.340 shall control over the provisions of this
chapter and Chapter 20.03 ECDC. In the event that the city council determines it appropriate to
zone property proposed for annexation to the city in a category which is not comparable to
zoning in effect in Snohomish County, the provisions of this chapter and Chapter 20.03 ECDC
shall apply. Any change to pre -annexation zoning proposed after annexation to the city shall
also comply with the provisions of this chapter and Chapter 20.03 ECDC. [Ord. 3817 §§ 13, 14,
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2010; Ord. 3736 § 69, 2009; Ord. 3112 § 20, 1996; Ord. 3080 § 1, 1996].
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Minor Code Amendment Package 1 (AMD2023-0003)
Code Reference
Current Code
Number of
Proposed Code Change
Reason
Notes/Context
Occurences
Updates Fire Department name change in Chapter 2.12 and indicates
"Snohomish County Fire District No. 1
the correct contracted body. Other references to "Edmonds Fire
ECC Chapter 2.12
6
"South County Fire"
Outdated Reference
("district")"
Department" will be updated to reflect this change in a future code
revision to Chapter 19.25 ECDC (Fire Code).
ECC 4.12 ECDC 17.110
11CG2"
6
"CG"
Outdated Reference
CG2 zone no longer exists
20.10, 20.12
ECC 5.46.040
ECDC 5.46.040
1
Eliminate Code Section
Outdated Reference
City of Edmonds does not regulate library materials, Sno-Isle does.
Code from 1895. Hotel Stevens which apparently was used as the
ECC 9.05.010
"Datum Line"
1
Eliminate Code Section
Outdated Reference
City's datum line years ago was demolished in 1970s.
Updates Fire Department name change in Chapter 2.12 and indicates
"Snohomish County Fire District No. 1
the correct contracted body. Other references to "Edmonds Fire
ECC Chapter 2.12
6
"South County Fire"
Outdated Reference
("district")"
Department" will be updated to reflect this change in a future code
revision to Chapter 19.25 ECDC (Fire Code).
ECDC 20.01.003.A Table
Outdoor dining as a Type III -A Permit
1
Eliminate
Outdated Reference
Outdoor dining no longer requires a CUP per Ord. 4232 (2021)
"and that if the applicant does not make
ECDC 20.02.003.D.3
1
Eliminate
Outdated Reference
All Planning and Development applications are now electronic
arrangements .... destroyed"
ECDC 20.70.060.0
"Fifteen paper copies of a site map"
1
"A site plan"
Outdated Reference
All Planning and Development applications are now electronic
"An 8 1/2-by-11-inch clear plastic
ECDC 20.70.060.D
1
Eliminate Code Section
Outdated References
All Planning and Development applications are now electronic
transparency of the site map,
"Address labels obtained from the
ECDC 20.70.060.E
1
Eliminate Code Section
Outdated Reference
All Planning and Development applications are now electronic
Snohomish County... vacated"
"A copy of the Snohomish County assessor's
ECDC 20.70.060.E
1
Eliminate Code Section
Outdated Reference
All Planning and Development applications are now electronic
map.... section;"
ECDC 20.70.060.G
"Two copies of
1
"[A]n"
Outdated Reference
All Planning and Development applications are now electronic
Reflects correct language originally adopted by Ordinance 2379 in
ECDC 20.75.040.0
"ECDC 20.75.050"
1
Removes reference
Typo
1983 that had been erroneously updated.
ECDC Chapter 17.75,
Eliminate Code Section and
Streateries
53
Outdated Reference
Expired April 30, 2022 (ECDC 18.70.030(C)(6)(p)
18.70
References
Repealed by Ordinance 4154 - Closed record appeal language added to
ECDC Chapter 20.07
ECDC Chapter 20.07
1
Eliminate Code Section
Outdated Reference
ECDC 20.06 in 2019
Rename "Open Record Public
Title 20 -Review Criteria and Procedures,
ECDC Title 20
1
Hearings" to "Public Hearings
Outdated Reference
Corrects incorrect reference
Chapter 20.06
and Appeals"
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8.3.c
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO
THE EDMONDS CITY CODE AND THE EDMONDS
COMMUNITY DEVELOPMENT CODE, NONE OF WHICH
CONSTITUTE SUBSTANTIVE POLICY CHANGES
WHEREAS, the city council adopted Ordinance 4295 to create a streamlined process for
updating the city code; and
WHEREAS, the streamlined process is intended for code amendments that are minor,
noncontroversial, and lacking any substantive policy changes that would require more in depth
consideration; and
WHEREAS, the amendments adopted by this ordinance have been deemed appropriate
for this new streamlined process in that no councilmember requested that any of these
amendments be removed from the streamlined process; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 2.12 of the Edmonds City Code, entitled "Fire Department," is hereby
amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if
fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ).
Section 2. Subsection A, of Section 4.12.055 of the Edmonds City Code, entitled "Street
vendor requirements," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in strip).
Section 3. Section 5.46.040 of the Edmonds City Code, entitled "Unlawful possession of
library books," is hereby deleted as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (deleted text is shown in stfikethr-eiigh).
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Section 4. Chapter 9.05 of the Edmonds City Code, entitled "Datum line," is hereby
deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set
forth (deleted text is shown in s4iketl3i-eugh).
Section 5. Subsection D of Section 17.75.010 of the Edmonds Community Development
Code, entitled "Outdoor dining — Permitted secondary use," is hereby amended to read as shown
in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in S4ikethFeugh).
Section 6. Section 17.110.030 of the Edmonds Community Development Code, entitled
"Recreational marijuana uses permitted only in the following specified zones," is hereby
amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if
fully set forth (new text is shown in underline; deleted text is shown in str4' ethr-ough)
Section 7. Subsection A of Section 18.70.020 of the Edmonds Community Development
Code, entitled "Applications," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in strip).
Section 8. Subsection C of Section 18.70.030 of the Edmonds Community Development
Code, entitled "Review," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in stfikethfough)
Section 9. Subsection D of Section 20.02.003 of the Edmonds Community Development
Code, entitled "Submission and acceptance of application," is hereby amended to read as shown
in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in stfikethr-oug ).
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8.3.c
Section 10. Subsection A of Section 20.01.003 of the Edmonds Community
Development Code, entitled "Permit type and decision framework," is hereby amended to read
as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new
text is shown in underline; deleted text is shown in stfike4ffeiigk).
Section 11. Subsection B of Section 20.10.010 of the Edmonds Community
Development Code, entitled "Types of design review," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in st-Fikethr-ough)
Section 12. Subsection B of Section 20.12.070 of the Edmonds Community
Development Code, entitled "Design guidelines, criteria and checklist," is hereby amended to
read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth
(new text is shown in underline; deleted text is shown in stfikethfough)
Section 13. Section 20.70.060 of the Edmonds Community Development Code, entitled
"Application requirements," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in st-Fikethfoug ).
Section 14. Subsection C of Section 20.75.040 of the Edmonds Community
Development Code, entitled "Application," is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stFikedwoug ).
Section 15. 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.
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Section 16. Effective Date. This ordinance, being an administrative function of the city
council, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
M.
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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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, ADOPTING VARIOUS MINOR
UPDATES TO THE EDMONDS CITY CODE AND THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
NONE OF WHICH CONSTITUTE SUBSTANTIVE
POLICY CHANGES
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2023.
4840-7251-8158,v. 1
5
CITY CLERK, SCOTT PASSEY
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Exhibit A: Text of AMD2023-0003 Minor Code Amendment Package # 1 r,
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Chapter 2.12: N
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2.12.010 Fire service.
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Fire service is provided to the citizens of the city of Edmonds by and through a contract with -South
County Fire Snohomish County Ciro Distrint Ne 1. Whenever any reference is made in the
provisions of the Edmonds City Code or Edmonds Community Development Code to "fire chief," "fire
marshal," "fire department" or any other reference to a fire fighter or fire services, such term shall
include, for the provision of administrative or other day to day fire services, to reference the fire chief,
fire marshal and fire fighting services performed for the city by contract by South County Fire
Snohomish County Ciro DiStrint No 1
A. The officials of the South County Fire Snohomish Geunt„ Ciro District No. 1 when performing
services by contract to the citizens of the city of Edmonds and to the city in its corporate capacity
shall exercise any and all rights, duties, obligations and responsibilities in accordance with the
provisions of this code to the same extent and in the same manner as if performed by an employee
of the city.
B. Employees of the South County Fire Snohomish Geunty Ciro District No. 1 ("distriGt") shall not be
entitled to any wage or benefit provision of this code, including but not limited to
Chapters 2.06 and 2.35 ECC. The Edmonds civil service system shall remain in effect but no
employee of the South County Fire distr'Gt shall have recourse to the civil service commission
following the termination date of fire department employees by the city. [Ord. 3762 § 2, 2009].
2.12.020 Pre-existing rights and obligations not impaired:
The city council's determination to contract or not contract for fire services with Snohomish County
Ciro District No. 1 South County Fire and the provisions of this chapter shall not impair any existing
vested right or vested obligation created under the provisions of state law or under
Chapter 2.50 ECC, Firemen's Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters'
Relief and Pensions Act, Chapter 2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability
Board, as well as the MEBT plan of the city. The rights of any person under such system vested
prior to the transfer of fire service responsibility by contract shall remain in full force and effect and
are not impaired by either such or the adoption of this chapter. [Ord. 3762 § 2, 2009].
Section 4.12.055.A
A. Mobile vending units may be allowed to operate within the following commercially zoned
areas including unzoned property or right-of-way adjacent to or abutting commercially zoned
areas:
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1. Motorized and nonmotorized mobile vending units: neighborhood business (BN), community
business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and
Bll commercial waterfront (CW), general commercial (CG, GG2), Firdale Village mixed -
use (FVMU), medical use (MU) and public use (P).
Section 5.46.040:
11,11HOF for
40
Chapter 9.05:
Section 17.75.010.D
D. Seating shall be located outside of public rights -of -way. Seating within public rights -of -way is
reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030. or as a streatery
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Section 17.110.030
A. Marijuana producers are permitted in the CG and G 2 zones, and are not permitted in any other
zone.
B. Marijuana processors are permitted in the CG and G 2 zones, and are not permitted in any other
zone.
C. Marijuana retailers are permitted only in the BC, BD, BN, and CG and zones that lie within
the boundaries of the following areas designated on the city's comprehensive plan map:
The Downtown/Waterfront Activity Center
The Medical/Highway 99 Activity Center
The Westgate Community commercial area
The Five Corners neighborhood commercial area
The Perrinville neighborhood commercial area
The Highway 99 corridor
The Edmonds Way corridor
Marijuana retailers are not permitted in any other zone or comprehensive plan area not listed above
Section 18.70.020.A:
A. Street Use Permit.
1. Architectural design board approval, when applicable.
2. Complete application requirements for Edmonds arts commission, when applicable.
3. Certificate of insurance.
4. Complete street use. or streater„ permit applina+inn
Section 18.70.030.C:
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C. Issuance by the Development Services Director or City Engineer. The development services
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director, city engineer or their respective designee may administratively, without hearing, approve a
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street use or encroachment permit if:
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1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not
limited to the following requirements:
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a. No portion of the public right-of-way designed and intended for vehicular traffic or
parking shall be permanently occupied, except to the extent allowed under subsection
(C)(6) of this section;
b. Requirements of the State Building Code, including but not limited to all provisions
relating to disabled accessibility and barrier -free design requirements shall be met;
c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC;
d. Permit application fees have been paid (see ECDC 18.70.050);
e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone
refers to an area seven feet in height and five feet in width providing a level, safe walking
surface along the public sidewalk. Clear zone on sidewalks shall not include any curbing,
planting strips or ramps. For tables and chairs placed in the public right-of-way, the clear
zone can be reduced to four feet in width in front of obstacles (trees, street lights, sign
posts, etc.);
f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to
accommodate public events. Temporary objects are subject to removal in the event of an
emergency; and
g. All temporary objects, excluding approved awnings, and wall signs, and no,-mitto.�
+ryes, that project more than 36 inches into the right-of-way shall be removed each
day at the close of business.
2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an
economic development purpose as well as enhance the livability of the city's urban core,
exclusive sidewalk dining shall be allowed pursuant to ECDC 17.70.040.
a. For purposes of this section the following terms are defined as:
i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed food or
beverage service establishment that uses the public right-of-way to serve only its
customers at the exclusion of the general public.
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ii. "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope, r,
markers) used to establish an exclusive bistro and outdoor dining area. Barriers shall CD
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be approved by the city engineer. M
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b. All conditions and requirements set forth in this chapter have been met and adequate r
compensation for the exclusive use of the public right-of-way and applicant fees pursuant a,
to ECDC 18.70.050 have been paid.
c. All barriers, with the exception of markers and marking, shall be removed each day
from the right-of-way at the close of business.
d. The design and use shall comply with all requirements of state law, city ordinance and
city policy including but not limited to:
i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County
health division (SCHD). When applicable, the business shall provide a written
approval from the WSLCB and/or SCHD for use of public rights -of -way;
ii. ECDC 17.70.040, exclusive sidewalk dining; and
iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and
Chapter 6.40 ECC.
3. The design board has reviewed and approved any proposal which includes a request to
construct, erect or maintain an awning, building, sign or any building or structure, except as
otherwise allowed in subsection (C) of this section;
4. The proposal will not unreasonably interfere with the rights of the public; and
5. The proposal (if for an encroachment permit) either benefits the public interest, safety or
convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an
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accessory structure such as a fence normally associated with residential use of the property M
and fully complies with the requirements of subsections (13)(1) through (3) of this section. o
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6.
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} n the G right of way,
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typiGally In a vehiGle parking spaGe, that has been designed to allow for food and beverage
S8rV GeS. To provide greater opportunities for outdoor dining and beverage ' Streate
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•streatery may be permitted as a type of street use in the parking lane of any publiGY
street on a bIGGk where retail or restaurant use 06 IncatedV
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b. The business applying for the streatery is hereinafter referred to as the permittee. m
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G. Streatermes must rneet appliGable Gity and state statutes, OnGluding for fore, eleGtFiGal, c
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and building safety as ��iell as for Iin, ,or seniine and other applicable aoenc!i Q ,
requirements d
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d. Streaternes must be operated On a manner that GOrnplies with orders frorn the state U
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health department or Governor related to Gerenavirus PFOteGtion and with health diStFiGt
CCam_
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A for
be to the
e. GOMPlete street use permit appliGation a streatery
shall submitted Gity on
form by the development department.
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City review
a provided seFViGes
of any streatery V
be on timely
t4
inGlude for by
appliGatien will GOrnpleted a manner and
opportunity review d
neer ng, building, fore A
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for the may be
eng and staff. street use permit
streatery
a nrditions as necessary. Field inspection
fellow. d
with will
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n Expire#inn and Termina#inn
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final inspeGtion fE)r
to the that
passes a Gode G()FnplianGe prier
CE
permit exten and
no strew#ery may nnntinue to operate
hold sparse
in the
_nf_way beyond theSURset
or
date OR subseGtieR (G)(6)(p) ef this seGtieR,
right �
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FegaFdless of the expiration date
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set forth on the permit
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if the has beeR Gited with FnE)re thaR
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thFee violations of the city code
stFeateFy
its he
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permit magi terminated
within a 12 menth period
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... After the streatery has heal in nneratina or within
30 rdays of street use permit O
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F rJa is of env Q(1 rJa�i p ord +he city m y #ermine#e +hen mi# in orrder +e avoid C e , E
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he pFeyilderd by the city to the permittee at least 10 !days in advance of anY �
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+ermine#ion +a Ling effect t4
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h. NurnbeF of Allowed Streateries. in the BID zone, after the first 20 streater'es have been
approved, no more streatery permits shall be accepted by the city unless the permit is to
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this is
to
replaGe an existing streatery or seGtien amended
allow additional streateries. M
bpusmness mT
CD
s allowed to have o more than ono s}roetepy
permit
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must be loeated fully
to the business that it a
streatery or partially adjaGent
serves,A
that Of the business is to
previded, not adjacent
one or more suitable parking ,
busoness may its
written for the
another or property owner give
GenGUrrenGe parking a1
spans in front of it to he fer a streatepy.
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H All shall he entirely within the approved
spaces) and shall not },
streatery use
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extend into the travel lane of the p„hlin right_of_�
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iii Ctreateries shall not he Ionated inADA parking
stalls in front of fire hydrants nr G1
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bus stops or over the top of pity storm catch basins
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The maximm length of a s+reateny is two�yehinle
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parking spaces Gnr nnrner Q
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locations the two saces marny p
he comrised of
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one sace on each of the L
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parking
adjacent intersecting streets
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vy No more than Me streateries shall he Incated
next to each o+her. r
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only one space
between
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parking exists
of the two streetermes he set hack at least
one feet from the intepyenipn IL
eaGh must
parking sparse
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Other Site Requirements-.
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A streatery must be located on an ADA accessible
ramsed that is flush with
platform
half _ineh
the sidewalk and has no more than a
herizental gap between the 0
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sidewalk and platferm The
must he D
, i accessible from the phlic ei
• platform
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upon enteFing the wheelGhaiF
user must be to Q
sidewalk and, stFeateFy, a
able aGGess
seat at a }able the Exception:
least
4 streatepy he allowed
one
at on platform.
may
Of the business has
dining that is ADA
without a platform other open
for
air GOrnpliant
and available
customer use.
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F=aGh stFeateFy must be pFeteGted at its end(s)
from any adjacent vehicle park ng
by water filled jersey baFFieF, substaRtial
at least 30 inGhes high, o
spaGe a
for a
approye�rrier. The
plaRteF
harrierer%e Each harrier �
other preferred
G�--apprvv EPr cmvrzvr-cr-7c'�c�vaT'�
!nGlude lighting refleGtive
jersey
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by the
must adequate or markings,
as approved Gity
for time to drovers
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engineer
night visibility
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Screening shall be located on the streatery side that is adjacent to and parallel ++
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w'th the traffmc lane. Such screening shall be at least 30 inches high and primarily N
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Gensijt efCce Picket or solid fencing; /R\ fabric or membrane material- er !(`1
containerized plantings where the container is at least 30 inches On height. Above 36
0 nches in height, any screening from the traffic lane will have views Onto and out o
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the streaateriy. An app"Gaant may propose a different material that provides both Q
external v'ews and a sense of separatien, subjeGt tO approval by the building offiGial. Q
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Reflecting markings or lighting, as approved by the city are required along
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he traffic side for nighttimeyisihilit y to drovers
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Cl)v. All tents, Ganepies, fabFiG SGreens, and umbrellas are subjeGt to approval by the
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building OffiGial for any StrUiGtUral requirements and by the fore marshal for flame 0
retardanG8. Tents and Ganopies must be fully open to the air on at least one Side. 1 0
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the irlo o 000 ilthan eight linear feet, ran ! ir+o must have + hventilation. N o side cnn O
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' Tents, a
being purrGhaa-sed by zhnrre applicant prior to Ia ary 9 20221 may he of any Greg r
Otherwise, the Geier of sand items shaTII beprimarily yellow, white, or red er any y
Section 20.02.003.D:
D. Incomplete Applications.
1. Whenever the applicant receives a determination from the city pursuant to subsection
(A)(2) of this section that the application is incomplete, the applicant shall have 90 days to
submit the necessary information. Within 14 days after an applicant has submitted the
requested additional information, the director shall make a determination of
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completeness and notify the applicant in the manner provided in subsection (A) of this
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section.
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2. Whenever the applicant receives a notice that the contents of the application, which
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had been previously determined under subsection (A)(1) of this section to be complete, is
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insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information
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being sought, the applicant shall have 90 days to submit the necessary information. If
circumstances warrant, the applicant may apply in writing to the director requesting a
one-time 90-day extension. The extension request must be received by the city prior to
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the end of the initial 90-day compliance period.
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3. If the applicant does not submit the additional information requested within the 90-day
period (or within the 90-day extension period, as applicable), the director shall make
findings and issue a decision, according to the Type I procedure, that the application has
lapsed for lack of information necessary to complete the review. The decision shall state
that no further action will be taken on the application., anal that if the annlica Rt rJnoc not
make arraRgements to pick up the application m-ate.ri-als frorn the plaRRing andler pi
works/eRgineeriRg departments �Afithin 30 days from the d-Ate of the rlericinn the
application materi-alc 4niill he dectroyec
4. When the director determines that an application has lapsed because the applicant has
failed to submit required information within the necessary time period, the applicant may
request a refund of the application fee remaining after the city's determination of
completeness.
Section 20.01.003.A:
A. Permit Types.
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TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III-B
TYPE IV
TYPE V
Zoning compliance
Accessory
Contingent
Outdoor --dining
Essential public
Site specific rezone
letter
dwelling unit
critical area
facilities
review
Lot line adjustment
Formal
Shoreline
Technological
Development
Zoning text
interpretation of
substantial
impracticality
agreements
amendment;
the text of the
development
waiver for
area -wide
ECDC by the
permit, where
amateur radio
zoning map
director
public hearing
antennas
amendments
not required per
ECDC 24.80.100
Critical area
SEPA
Critical area
Comprehensive
determinations
determinations
variance
plan
amendments
Shoreline
Preliminary
Contingent
Conditional use
Annexations
exemptions
short plat
critical area
permits (where
review if public
public hearing
hearing
by hearing
requested
examiner is
required)
Minor amendments
Land
Shoreline
Variances
Development
to planned
clearing/grading
substantial
regulations
residential
development
development
permit, where
public hearing is
required per
ECDC 24.80.100
Minor preliminary
Revisions to
Shoreline
plat amendment
shoreline
conditional use
management
permits
Staff design
Administrative
Shoreline
review, including
variances
variance
signs
Final short plat
Land use permit
Design review
extension
(where public
requests
hearing by
architectural
design board is
required)
Sales office/model
Guest house
Preliminary
(ECDC 17.70.005)
formal plat
Final formal plats
Innocent
Preliminary
purchaser
planned
determination
residential
development
Final planned
residential
development
Section 20.10.010.B:
B. District -based design review applies to the following areas or districts:
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1. The downtown Edmonds business districts (BD zones) located within the M
downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan o
map. M
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2. The general commercial (CG and wz) zones located within the medical/Highway 99
activity center or the Highway 99 corridor as shown on the city of Edmonds comprehensive Q
plan map.
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Section 20.12.070.B:
B. Additional Criteria. Design review shall reference the specific criteria adopted for each area
or district.
1. Criteria to be used in design review for the downtown Edmonds business districts (BD
zones) located within the downtown/waterfront activity center as shown on the city of
Edmonds comprehensive plan map include the following:
a. Design objectives for the downtown waterfront activity center contained in the
Edmonds comprehensive plan.
b. (Reserved).
2. Criteria to be used in design review for the general commercial (CGS GG2) zones
located within the medical/Highway 99 activity center or the Highway 99 corridor as shown
on the city of Edmonds comprehensive plan map include the following:
a. Design standards contained in Chapter 16.60 ECDC for the general commercial
zones.
b. Policies contained in the specific section of the comprehensive plan addressing the
medical/Highway 99 activity center and Highway 99 corridor. [Ord. 3636 § 3, 20071.
Section 20.70.060 Application Requirements.
An applicant may apply for a vacation by submitting the following:
A. A vacation petition with supporting affidavits on forms provided by the planning division;
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B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal M
description shall be prepared by a surveyor registered in the state of Washington; o
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C. A site plan flee„ . ape ^^.,;^^^+ ^ ^;� showing the street, alley, easement or part thereof N
to be vacated and showing all properties with subdivision, block, lots, and specifying open and
unopened rights -of -way for a radius of 400 feet from the street, alley, easement, or part thereof, to Q
be vacated. These site maps must be at a scale of 1" = 50';
D. G. TwO ^^pies of an An appraisal prepared by a qualified land appraiser with an M.A.I.
designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An
appraisal is not required if a utility easement only is proposed to be vacated;
E. H-. A completed application and fee as established by ordinance;
4-.F. If the property was originally dedicated by one and only one of the abutting properties, the
designation of the property from which the right-of-way was dedicated; and
G.-.-Any additional information or material that the manager of the planning division or his/her
appointee determines is reasonably necessary for the city council to consider the requested
vacation. [Ord. 2933 § 1, 1993].
Section 20.75.040.C:
C. A survey map, if required by the development services director, of the exterior boundaries of the
land to be subdivided, prepared by, and bearing the seal and signature of, a professional land
surveyor registered in the state of Washington. This map can be combined with the preliminary
ECDC 207F 050 plat at the applicant's option;
Packet Pg. 139
8.4
City Council Agenda Item
Meeting Date: 04/4/2023
Confirm Appointment of Board/Commission Candidate - LTAC
Staff Lead: Todd Tatum
Department: Community Services
Preparer: Megan Luttrell
Background/History
As set out in ECC Chapter 10.70, the Edmonds Lodging Tax Advisory Committee (LTAC) is comprised of
five members: a City Council member, two members representing the lodging industry that generates
the funds, and two members representing attractions or organizations authorized to use or be
supported by the lodging tax funds. Members serve one-year terms and may be re -appointed each year
by City Council. Committee member Gillian Young, Sales & Marketing Manager the Best Western Plus
Harbor Inn, is no longer employed with the hotel leaving an open position for a Tax Provider on the
Committee. Appointment of a new member would fill this position for the remainder of its term, until
12/31/2023 and be eligible for reappointment in 2024 for another 1-year term.
Staff Recommendation
Confirm appointment of Crystal Berclaz to the Edmonds Lodging Tax Advisory Committee for the
remainder of a term scheduled to expire 12/31/2023.
Narrative
Ms. Berclaz is the current Sales & Marketing Manager for the Best Western Plus Harbor Inn and
submitted her application on March 23, 2023 for open position #1 Tax Provider.
Attachments:
APPLICATION - Crystal Berclaz
Packet Pg. 140
I 8.4.a I
ECmOtCS
Citizen Board and Commission Application
(PLEASE PRINT OR TYPE) NOTE: This form is a public record and maybe subject to disclosure Upon request
L__V f� C
Board or Commission)
Name: 1� E Q-,7
Address:
Ed
Date: QS- 2?7' ZC 2:3
Day Phone:
Evening Phone:
Cell-
E-mail.
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why are you seeking this appointment? 1f2. n O. n �
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Please list any ether Board, Commission, Committee, or official positions you currently hold with the City of Edmonds..
Additional comments: 1r� LIMI)cQuai d(Ne Wfe
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Please return this completed form to:
Edmonds City Hall
1215"' Avenue North
Edmonds, WA 98020
carol n.lafave edmondswa. a MAR 2 7 2C23
Phone: 425.771.0247 1 Fax: 425 71.0252
OFFICE OF THE MAYOR
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9.1
City Council Agenda Item
Meeting Date: 04/4/2023
Draft Ordinance amending ECC 10.01 Boards and Commissions and ECC 1.05.030
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 to Council and deliberated on January 17, 2023 and tabled for future
discussion. (Minutes attached). It was reviewed on February 14, 2023 by the PSPHSP Committee
(Minutes attached). Draft changes to ECC 1.05.030 have been added for consistency of stated time lines
for mayoral appointments and council confirmations. There was some interest from members of the
council in establishing term limits on our boards and commissions. In the end, this issue was not taken
on due to the amount of time it would take to vet this issue properly. The attached chart shows the
challenge involved with creating a new blanket term limit for all, with so many of our boards and
commissions stating term limits in their individual codes and some even specifying that no term limits
would apply.
Recommendation
Review and deliberate regarding the current draft of amendments to chapter 10.01 ECC and ECC
1.05.030.
Narrative
The City of Edmonds has numerous Boards, Commissions, and Committees listed on the city website,
from the Architectural Design Board to the Youth Commission. The members of these volunteer boards
are community members who reside within Edmonds, and their collective work and contribution to our
City is significant and highly appreciated.
Each Board, Commission or Committee is distinct in its purpose, method, and membership. The
qualifications, selection/appointment methods and length of terms are unique to each entity. Boards,
Commissions and Committees are supported administratively by city staff liaisons, assigned from a city
department of a similar focus or mission. The efforts by these city staff members are commendable;
these meetings often occur outside regularly schedule business hours, and are a unique professional
staff/ community volunteer opportunity.
It is important that members of our community are able to easily access information about what board
Packet Pg. 142
9.1
or commission is seeking new members, and that the application and selection process is clearly
explained; consistent, fair and equitable. It is also critical that the rosters of these boards and
commissions be accurate, up to date, and publicly accessible, and that all stakeholders have clear
expectations of responsibilities and timelines.
A framework around the process of appointments to Boards, Commissions and Committees will improve
the volunteer -board experience for all; community volunteers, city staff, and elected officials.
Attachments:
2023-04-03 ordinance - second packet version redline
2023-04-03 ordinance - second packet version clean
2023-03-16 draft of chapter 10.01 ECC/ ECC 1.05.030 clean
Pages from 2023-01-17 City Council - Full Minutes-3272
Pages from 2023-02-14 City Council - Full Minutes-3312
Term Limits Chart
Packet Pg. 143
9.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, A T E-LADING CHAPTER PTE 10.01 ECC A i D
ESTABLISHING NEW PROCESSES AND AMENDING
EXISTING PROCESSES RELATED TO THE FILLING OF
OPENINGS ON THE CITY'S BOARDS AND COMMISSIONS.
WHEREAS, the city council would like to create a uniform process for the advertising,
considering, appointing, and confirming of appointees to the city's boards and commissions; and
WHEREAS, no such process currently exists; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 10.01 ECC, entitled "Council Confirmation," is hereby re -titled
"Notification and Application Procedures and Council Confirmation" and is hereby amended to
read as set forth in Attachment A hereto (new text is shown in underline; deleted text is shown
in str-ike thr-ough).
Section 2. ECC 1.05.030, entitled "New nominees appointment / confirmations," is
hereby amended to read as set forth in Attachment A hereto (new text is shown in underline;
deleted text is shown in strike t rou0).
Section 23. 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 34. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
Packet Pg. 144
9.1.a
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 145
9.1.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 C14APT-ER inns err
A#D—ESTABLISHING NEW PROCESSES AND
AMENDING EXISTING PROCESSES RELATED TO
THE FILLING OF OPENINGS ON THE CITY'S
BOARDS AND COMMISSIONS.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2023.
CITY CLERK, SCOTT PASSEY
3
Packet Pg. 146
9.1.b
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING NEW PROCESSES AND
AMENDING EXISTING PROCESSES RELATED TO THE
FILLING OF OPENINGS ON THE CITY'S BOARDS AND
COMMISSIONS.
WHEREAS, the city council would like to create a uniform process for the advertising,
considering, appointing, and confirming of appointees to the city's boards and commissions; and
WHEREAS, no such process currently exists; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 10.01 ECC, entitled "Council Confirmation," is hereby re -titled
"Notification and Application Procedures and Council Confirmation" and is hereby amended to
read as set forth in Attachment A hereto (new text is shown in underline; deleted text is shown
in strike through).
Section 2. ECC 1.05.030, entitled "New nominees appointment / confirmations," is
hereby amended to read as set forth in Attachment A hereto (new text is shown in underline;
deleted text is shown in strike through).
Section 3. 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 4. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
Packet Pg. 147
9.1.b
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 148
9.1.b
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, ESTABLISHING NEW PROCESSES
AND AMENDING EXISTING PROCESSES RELATED
TO THE FILLING OF OPENINGS ON THE CITY'S
BOARDS AND COMMISSIONS.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2023.
CITY CLERK, SCOTT PASSEY
3
Packet Pg. 149
9.1.c
Chapter 10.01
NOTIFICATION AND APPLICATION PROCEDURES AND COUNCIL CONFIRMATION
Sections:
10.01.010
Public notification of service opportunities.
10.01.020
Means of notification.
10.01.030
Content of 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
Multiple contemporaneous openings.
10.01.070
Resignations.
10.01.080
Roster of positions.
10.01.090048
Council confirmation defined.
10.01.100
Noncompliance.
10.01.010 Public notification of service opportunities.
The public shall be notified of all opportunities to serve on the boards and commissions codified
in Title 10 ECC, including but not limited to, opportunities to fill positions that have become
vacant and positions whose term will be expiring.
A. For positions that have become vacant, public notice shall be provided no later than
fourteen (14) days after the vacancy 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 Means of notification.
A. Public notice under this chapter shall be provided through the following means:
Type of notice required
Dated upon which notice is deemed
provided
1. Posting on a page of the city
First date of posting
website that is dedicated to
board and commission openings
2. Media release
Date of media release
3. Inclusion in the city council
Date of council packet publication
packet under the "Received for
Filing" heading or similar place
on the agenda where the notice
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9.1.c
would be seen without requiring
council action
B. The notice in subsection A.1 shall remain in place for at least thirtv (30) days. The
notices in subsections A.2 and A.3 need only be provided one time. The media
release required by subsection A.2 should reach a broad cross section of the
community.The notice in subsection A.1 and the media release required by
subsection A.2 shall be printed in the three most commonly spoken languages in
Edmonds according to the most recent census.)
C. The date when the last of the three types of public notice was provided shall be
referred to as the Notice Completion Date.
10.01.030 Content of notice.
The public notice shall identify the body and position number (if applicable) of the vacancy, the
term length and expiration date, the location of application materials, the submission deadline,
an invitation for position incumbents to re -apply (subiect to any applicable term limits), and the
anticipated timeline for making the appointment.
10.01.040 Re -appointment of incumbents.
Incumbents who are eligible and interested in serving another term must submit an application
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 servine in the office until their successor has been dulv appointed (and confirmed. if
applicable) even where the member's definite term has expired.
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
at least thirty (30) days after the Notice
Notice Completion Date
Completion Date
B. The appointing authority shall appoint someone to fill the vacancy:
Commented [I7]: This language was added after t
packet was first published.
Packet Pg. 151
9.1.c
For positions that have become vacant
For positions whose term will be expiring
no later than sixty (60) days after the
no later than (30) days prior to the
vacancy occurs
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 10.01.050.13 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 process 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 Multiple contemporaneous openings.
Where multiDle contemporaneous positions on the same bodv are vacant or exoirine within
sixty (60) days of one another, the appointing authority can treat an application for one
position as an application for another opening on the same body, PROVIDED THAT nothing in
this section alters the reauired timeline for notification and review as articulated elsewhere in
this chapter.
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 citv shall maintain and Dost on the citv website a roster of all bodies established by this
Title 10 ECC, including the term expiration date of each position.
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9.1.c
10.01.090014 Council confirmation defi►aed.
When the provisions of city ordinances require the confirmation by the city council of any
FnayE)Fal 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 am a ioritV of the whole membership fni w ^ m"^",; 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,
except where a subsequent appointment is not made in a timely manner.
10.01.100 Noncompliance.
Noncompliance with this chapter may be grounds for the city council's not confirming an
appointee, PROVIDED THAT the city council may opt to excuse any noncompliance and proceed
to confirm an appointee. Noncompliance brought to the council's attention after confirmation
shall not result in forfeiture of the office.
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Commented [I2]: This revision was added after tF
was first published.
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9.1.c
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 FRayeK appointing authority shall, within 90 60 days thereof, submit new
nominations'^ the Gity G^ ^G-i' F^r r-ARfi.r.R;.at*944. TWhere council confirmation is required, the
city council shall confirm or reject the nominations within 30 days after the MaYeF 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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9.1.d
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 o
respondents will have the knowledge, such as the finance team who review invoices. R
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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.
Edmonds City Council Approved Minutes
January 17, 2023
Page 16
Packet Pg. 155
9.1.d
• 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. �o
• 10.01.020 Means of notification.
Ln
o There are three types of notification, posting on the City website, media release and including o
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 w
• 10.01.030 Content of notice.
o Identifies the particular board or commission that has the vacancy or opportunity, what R
0
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. v
• 10.01.040Incumbents w�
o States incumbents need to submit an application to be considered for reappointment 5
• 10.01.050 Timeline for submission, review and appointment
d
o Section A E
■ 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.
Edmonds City Council Approved Minutes
January 17, 2023
Page 17
Packet Pg. 156
9.1.d
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 c
COMMISSIONS. c
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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 v
appointment and hiring process in the City, and 3) recapture best practices used in the past to appoint board w
and commission members. c
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COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND V
10.01.020 MEANS OF NOTIFICATION, SECTION B, MEDIA RELEASE, TO INCORPORATE A V
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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
Edmonds City Council Approved Minutes
January 17, 2023
Page 18
Packet Pg. 157
9.1.d
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 o
idea behind this, but was uncertain advertising in foreign languages was of value if the applicants did not c
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speak English, the language the board and commission's business would be conducted in, and feared it may o
cause frustration. She will vote against all of these well intentioned, good thoughts in the big picture in v
terms of trying to achieve something. If these amendments were not approved, the council could add an w
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 c
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 v
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achieve, but she did not think being that prescriptive added value. w
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
Edmonds City Council Approved Minutes
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9.1.d
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 o
asked that the amendment be restated. c
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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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9.1.d
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.
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Councilmember Olson commented it was unlikely the council would get through all the conversation andLn
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amendments on this tonight and suggested tabling it. The council has no idea of the cost of the additional o
advertising that has been proposed, an off-the-cuff idea from the dais that has not been vetted which she v
felt was a very bad idea. She suggested moving on to the vote and reconsidering it when information w
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 c
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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9.1.d
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.
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Councilmember Teitzel expressed concern the council was getting bogged down in detail which was notLn
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productive. R
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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9.1.e
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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9.1.f
Board
Term Limits in Code
Length of Term in Code
Architectural Design
2
4 years
Arts
2
4 years
Disability
Silent
2 years
Planning
Silent
4 years
Youth
There shall be no term limits
as long as eligibility is met. ECC
10.55.020
2 years
Sister City
Silent
3 years
Diversity newly changed to DEIA
There will be no term limits ECC
10.65.020C
3 years
Lodging Tax
Silent
Annual (term expires 12/31)
Economic Development
There shall be no term limits.
ECC 10.75.010 C
2 years
Salary Commision
2 terms
3 years
Historic Preservation
Silent
3 years
Tree Board
There shall be no term
limits. ECC 10.95.010 C
term the duration of which
shall coincide with the term of
the appointing councilmember
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9.2
City Council Agenda Item
Meeting Date: 04/4/2023
Councilmember Zone Representation Annual Assignments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
Each year, the Council President assigns councilmembers liaison roles to our various boards and
commissions. In 2019, subareas, or districts, were created to ensure fair and geographically
proportionate citizen representation for the Edmonds Housing Commission. The map attachment
shows the Housing Commission's seven established geographic districts.
Recommendation
Discuss the merits of this proposal and consider a motion to draft a Resolution to create this new
Councilmember assignment to a zone that would rotate on an annual basis.
Narrative
Some residents have expressed interest in a local election system based on geographical districts,
seeking improved representation of the needs and wants of each of the communities within our City.
Setting aside the discussion of this major change to our electoral process, a resident pointed out that we
could have better representation by assigning one of the housing commission districts to each of our
council members as an annual liaison role.
This proposal is for an easy and free systemic change that improves resident representation in our City
government. This improved representation is achieved by focusing the attention of one councilmember
on a district each year, 1) building relationships between the assigned councilmember and community
members living in that district, and 2) building assigned councilmember knowledge of that district. The
relationships and built knowledge will continue to serve that community even after that
councilmember's annual assignment to it.
1. Assignments -
a. During the Council President's annual process of assigning liaison duties, councilmembers would
be assigned a district/zone based on an established rotation.
b. Council positions, while "at large" representing all of Edmonds, are numbered 1-7. The districts
previously created for the housing commission, representing subareas approximately one seventh of
Edmonds, are also numbered 1-7.
C. In the first year, Position 1 would be assigned to District/Zone 1, with rotation to District/Zone 2
the next year, and so on. Thus a councilmember would represent 4 different zones during their term,
and if the councilmember serves two consecutive terms, would represent all seven plus repeating one.
2. Responsibilities to annually assigned zone -
Packet Pg. 164
9.2
a. Councilmembers may be tasked with specific outreach to their assigned zone as needed by the
administration.
b. Councilmembers would initiate a District/Zone meeting in the first four months of the calendar
year to bring information from the City to the residents and to gather input specific to that zone.
C. Councilmembers would then be prepared to communicate the needs and wants of their
assigned zone during presentations by the administration on capital and transportation improvements
and during the annual budget process.
3. Implementation -
a. Could be implemented immediately in 2023 or developed further for implementation in 2024.
Attachments:
2019 Housing Commission district map
Packet Pg. 165
City of
.� 121 5th AveoNds 1 inch = 2,000 feet
Edmonds, WA 98202
_ h 4
9.2.a
February 201
Edmonds Housing Strateg
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