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2023-07-05 City Council Special PacketOp E D o Agenda Edmonds City Council tnl. }nyo SPECIAL MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 5, 2023, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. PRESENTATIONS 1. 2023 Legislative Wrap -Up 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 THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. Edmonds City Council Agenda July 5, 2023 Page 1 RECEIVED FOR FILING 1. Written Public Comments (0 min) 2. 2024 Budget Priority Outreach Efforts Handout (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting Minutes of June 22, 2023 2. Approval of Regular Meeting Minutes of June 27, 2023 3. Approval of claim checks and wire payment. 9. COUNCIL BUSINESS 1. Boys & Girls Club New Facility Design (20 min) 2. ARPA Use Ordinance (20 min) 3. Consolidated Approach for 2024 Comp Plan Update and Highway 99 Subarea Plan (30 min) 4. Letter to WSDOT Regarding Unocal Property (15 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda July 5, 2023 Page 2 4.1 City Council Agenda Item Meeting Date: 07/5/2023 2023 Legislative Wrap -Up Report Staff Lead: Todd Tatum Department: Community Services Preparer: Todd Tatum Background/History N/A Staff Recommendation N/A Narrative The City's lobbyist, Debora Munguia will give an overview of the 2023 state legislative session. A copy of the report is attached. Attachments: 2023 Legislative Wrap -Up City of Edmonds Packet Pg. 3 4.1.a 2023 Legislative Session Wrap -Up City of Edmonds Debora Munguia July 5, 2,02,3 N C O E W _o U R O R N J M N O N r C d E it V y Q Packet Pg. 4 4.1.a Legislative Overview 2021-23 Budgets City Priorities Additional Issue Areas of Interest Looking Ahead and Next Steps --Ak! Packet Pg. 5 4.1.a Leg*isitom"Live overview 105-day biennial budget legislative session Operating, Capital and Transportation Biennial Budgets adopted Democrats retain strong majorities in House and Senate. a "o Packet Pg. 6 4.1.a i 0 Q. 2021-23 Bud�- 6- Operating 2 J M N O $69.3B Operating Budget ($4-7B new spending; $3B in reserves) y Behavioral health ($1.ZB) 0 W 0 Public schools ($2.9B in new spending) Affordable housing ($519M - combined with Capital budget exceed $1B) Climate investments ($400M) AA J M N O N r C d E M V a �� r- aP�Tnr Packet Pg. 7 4.1.a ^'1-23 Budgets Capital $9 billion Capital Budget ($4.7B financed with GO bonds, leaves $95.4 million in bond capacity for zoa4 supplemental) $400M for Housing Trust Fund $170M for additional investments in affordable housing and shelters $224M for community -based behavioral health facilities $613M for a 350-bed forensic hospital at Western State $400M to PWAA for competitive awards $25M for CERB $423.8M for clean energy, energy efficiency and climate adaptation 0 L L d > t+ 2 J M N O N 0 E W 0 U CU Mh J M N O N E a Packet Pg. t8 4.1.a 2021m23 Budgets Transportation $13.5B Transportation budget (phasing2021-2029) Continuation of CW projects (s16B) and Move Ahead ($17B) $5.4B to fund highway improvements and preservation $iB towards the state's fish passage barriers Traffic safety Reducing carbon emissions (bicycle/ped infrastructure; public transit services, electrify ports and other transportation equipment) Declining revenue continues to bean issue a Packet Pg. 9 4.1.a -!fic Legislative Priorities Phase $22.5M for SR 99 Project Stage 3 Extend Marsh first right of purchase in transportation budget Reallocate and increase Marsh capital budget dollars a "0 Packet Pg. 10 4.1.a Additional Issue Areas of Interest Housing Blake Response Public Safety Climate Laws Funding for Arts/Creative Economy a "0 Packet Pg. 11 4.1.a Looking Ahead and Next Steps Legislative changes Interim work Develop 2024 Legislative Agenda a Packet Pg. 12 7.1 City Council Agenda Item Meeting Date: 07/5/2023 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 June 22, 2023 and June 28, 2023. Attachments: Public Comment July 5, 2023 Packet Pg. 13 7.1.a Edmonds City Council Public Comments —July 5, 2023 Online Form was submitted on 6/23/2023 9:40:02 AM FirstName Natalie LastName Seitz Email CityOfResidence Edmonds AgendaTopic Highway 99 Landmark Site Comments Good Evening. I am commenting tonight as a resident. I want to express my appreciation of the City Council and Administration for considering the Highway 99 Landmark Site. It could be an incredible resource and I look forward to the community process! Thank you! N r C m E E O U a. c a� r �L M N O N L 21 7 7 a N E E O U v a. c CD E z U 2 r Q Packet Pg. 14 7.2 City Council Agenda Item Meeting Date: 07/5/2023 2024 Budget Priority Outreach Efforts Handout Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History On May 23, 2023 Council adopted a 2024 Budget Planning Calendar that included several June outreach efforts to solicit public input on 2024 Budget priorities, including 2 public meetings in Edmonds neighborhoods, and a public hearing. Recommendation N/A Narrative This information was distributed during the June 27 special council work meeting. It is a collection of the council's outreach efforts throughout June regarding 2024 budget priorities. Attachments: 2024 Budget Priority Outreach Efforts Results from online feedback form Packet Pg. 15 7.2.a 2024 Budget Priority Outreach Efforts, June 2023 1. June 12, 2023 — Budget Outreach Workshop, Public Works Building — draft minutes. 2. June 20, 2023 — Public Hearing on 2024 Budget Priorities — draft minutes and written public comments. 3. June 22, 2023 — Budget Outreach Workshop, Meadowdale Clubhouse — draft minutes. 4. Council President request for input Boards and Commissions — individual emails and notes from Economic Development Commission agenda item 5. Online Feedback Form — SurveyMonkey report of responses Packet Pg. 16 7.2.a EDMONDS CITY COUNCIL 2024 Budget Outreach Workshop DRAFT MINUTES June 12, 2023 ELECTED OFFICIALS PRESENT Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER The Edmonds City Council meeting was called to order at 7:00 p.m. by Councilmember Buckshnis in the Public Works and Utilities Lunchroom 7110 210t1i Street SW, Edmonds. 2. INTRODUCTIONS AND BUDGET PROCESS Councilmember Buckshnis introduced the Councilmembers and gave an overview of the budget process and how the CFP/CIP ties into the budget. She explained that this year council was attempting to get as much input prior to the budget process so Council could send the Administration information as to what citizens are wanting. 3. 2024 BUDGET DISCUSSION Facilitated discussion followed on three questions: What to keep? What to Cut? How to Pay for it? Summary of citizen input: Darrol Haug • Glad that the budget process being done in this manner. • Interested in the use of ARPA money and what have we spent? • Roof leak at the library — mold is forming, doesn't think it should be pushed off to 2028, ARPA funding should be done now. • Public safety levy has been brought up twice by Dave Turley, a community meeting and budget retreat. • City added 36 people and that is a lot of salaries. James Ognowski • His process and concerns: what can the city afford to spend and forecasting? • What are the non -essential services versus the essential services? Edmonds City Council Draft Minutes June 12, 2023 Page 1 Packet Pg. 17 7.2.a • Do we need to increase property taxes or a levy to afford expenses? • What can we cut? • Have we overextended ourselves? • Can we consolidate the city footprint or do we need all our locations and infrastructure? • What are risks in future such as lawsuits or using ARPA money for recurring expenses? • The Code rewrite should be a dedicated effort as well as the completion of the comprehension plan. • ERP — how well has the Council vetted this process, budgetary aspect could have huge issue with the actual ERP • Expenses are outpacing revenues so what is the city to do as 55% of general fund is salaries and benefits. Clint Wright: • Basic needs like sidewalks and infrastructure. • Public Safety like police support. Police are needed on Hwy 99 how can we fix that? • Our watersheds we have not addressed, have been neglected for years. • Stop putting money toward the "missing link". • Accountability of the human services department. Roger Pence • Missing Link could be designed coordinated with Ebb Tide to correct seawall and add walkway. • Improve transparency and functionality with the city website. How does the PIO work with the webmaster? Kevin Fagerstrom • ARPA funds use for major projects in water and sewer. • ARPA funds and the fiber that is not being utilized. Joe Scordino • Funding in Perrinville changed by administration, need Council to give direction that is followed. • Shell Creek example of a councilmember amendment addressing weir, administration took the track of a study. • Accountability — someone needs to stipulate who is responsible. Suggests a budget report to go along with budget to specify accountability. • PIO — what does this person do? • CFP should be more of a long range look rather than every year. 4. ADJOURN With no further business, the Council meeting was adjourned at 8:25p.m. Edmonds City Council Draft Minutes June 12, 2023 Page 2 Packet Pg. 18 7.2.a something on the north wall facing the park such as a living wall. Mr. Toukalas agreed that is a perfect place to dress up the building; the five panels could include scenes, images of the original building, etc. He suggested they leaving it to the artist to figure out the highest and best use of the panels, but they were open to doing something. Councilmember Buckshnis recalled the height of the Edmonds Waterfront Center was increased by three feet for sea level rise and suggested that could be used as an example. Councilmember Chen commented this idea has been a long time coming and it was exciting to see something happening. He agreed with Councilmembers Paine and Buckshnis that solar panels were a good idea. He said friends who visited the Waterfront Center were disappointed they missed out on the opportunity to be a solar champion. He suggested donations of $2000 to be a solar hero. He asked if the building will have community meeting space for use by other nonprofits. Mr. Toukalas answered the space will be available for use outside the BGC's hours; the ground floor is an open floor plan which could provide opportunity for groups to hold meetings and there are restrooms and a kitchen on that floor. Councilmember Chen commented there are other newly formed nonprofits that do not have the capability to raise funds that could use the space. Councilmember Chen observed the building appears to be a brick structure and asked if the design would be earthquake resistant. Mr. Clark answered the building will be required to meet all seismic regulations. The CMU block is a fagade on the outside of the structure; the main structure will be wood framing with steel cross -bracing. Mayor Pro Tem Tibbott asked about next steps for approving the design. Ms. Feser advised it is on the June 27 agenda for council approval or it could be moved to July if the council wants more time. 2. PUBLIC HEARING ON 2024 CITY BUDGET PRIORITIES Mayor Pro Tem Tibbott explained the council held a budget workshop on June 12 and plans to hold another on June 22. This public hearing is an opportunity for the public to comment in council chambers on the 2024 budget. A feedback form is available for the public to provide input to the council on priorities. The council will meet before the June 27 council meeting to deliberate on budget priorities which will be forwarded to the mayor in the form of a resolution. He reviewed the six priorities the council identified at their budget retreat: • Public safety • Developing community spaces, parks, facilities, etc. • Improve the way City government relates to citizens and improve transparency and functions for citizen input • Environment — restoring watersheds and using green technology • Improve neighborhoods which includes walkability, beautification and business development • Human services Mayor Pro Tem Tibbott opened the public hearing. Marjie Fields, Edmonds, thanked the council for providing opportunities for citizen input on the budget. She expressed support for the following additions to the CFP: 1) construct a diversion structure on upper Perrinville Creek to redirect excess stormwater that is destroying Perrinville Creek, 2) fix two bridges in Yost Park to enhance outdoor recreation and public access. There are state recreation grants and park maintenance grants that could fund this, and 3) modify the historic upper weir in Yost Park to preserve the historic center structure and realign the creek channel away from the eroding bluff. She was sure the council supported these environmental projects and hoped funding could be identified. Edmonds City Council Draft Minutes June 20, 2023 Page 9 Packet Pg. 19 7.2.a With no further public comment, Mayor Pro Tem Tibbott closed the public hearing. He advised there would be another opportunity to provide input at the budget workshop on Thursday, June 22 at 5 p.m. at the Meadowdale Clubhouse. Councilmember Paine asked when the survey closes. Mayor Pro Tem Tibbott answered the morning of June 27. Councilmember Paine advised there are survey QR codes available, and the survey is available on the council webpage. She encouraged the public to attend the June 22 workshop. Councilmember Buckshnis said she did not see the form on the council website. It is available via the 2024 Budget section or the public can use the QR code. Mayor Pro Tem Tibbott advised it would be available on the council webpage tomorrow. Councilmember Nand advised the next budget workshop will be on June 22. Parks & Recreation has been hard at work on a packet of budget amendments she proposed in 2023 regarding public cleanliness and beautification for the business districts outside the bowl and will be presenting more information about the incredible opportunities if council is willing to fund them to support business districts and small business communities devastated by the pandemic, globalization, inflation, global supply chain issues, etc. These are great ways to begin address the public cleanliness crisis with increased trash cans and recycling bins in areas outside the Edmonds bowl and increase aesthetic appeal and hopefully pedestrian activity in other business districts. Councilmember Chen advised in addition to the June 22 outreach event at Meadowdale Clubhouse, the Finance Committee, he and Councilmember Paine, are hosting a series of outreach events in various locations in the City. The next one is 11 a.m. to noon on Saturday, July 8 at Mathay Ballinger Park, to specifically talk about the South County Fire contract. He encourage the public to join them. Council President Pro Tem Olson advised the link to the feedback form is on the council page on the City's website via the section on the 2024 budget. 9. COUNCIL BUSINESS 1. DELEGATION BOND ORDINANCE Administrative Services Director Dave Turley explained there is an opportunity to refund bonds that have been outstanding for 10 years. Refunding bonds is similar to refinancing a house, but refunding can only occur at certain times and a lot more work is involved. Usually, staff and a consultant come to council to talk about a project, such as the incinerator project, and get authorization to sell bonds. This is an opportunity to refund bonds and as long as the math works out and is favorable to the City, refunding will proceed. Tonight, he was seeking authorization to begin the process which is earlier in the process than the council is used to when selling bonds. Staff s recommendation is a motion to approve the 30-page bond ordinance included in the packet. Scott Bauer, NW Municipal Advisors, said as the City's municipal advisor, they regularly monitor the City's outstanding debt for potential refinancing opportunities. Tonight the council has an opportunity and a bond ordinance in the packet that would authorize the refinancing of the 2013 water and sewer revenue bonds. He reviewed: • Current Bond Market o Long-term interest rates increased for much of 2022 ■ Rates decreased at the end of 2022 and through January 2023, and are below the 2022 and 2023 peaks o The charts below show an index of well -rated, 20-year, general obligation tax-exempt bonds Edmonds City Council Draft Minutes June 20, 2023 Page 10 Packet Pg. 20 7.2.a From: notification(alciviclive.com To: Teitzel, Dave; Chen, Will; Tibbott, Neil; Buckshnis. Diane; Olson, Vivian; Paine, Susan; Nand, Jenna; Peterson, Beckie Subject: Online Form 2023-06-20 07:17 AM(MST) Submission Notification Date: Tuesday, June 20, 2023 7:17:32 AM Online Form 2023-06-20 07:17 AM(MST) was submitted by Guest on 6/20/2023 10:17:29 AM (GMT-07:00) US/Arizona Name Value FirstName Ken LastName Reidy Email CityOfResidence Edmonds AgendaTopic Yublic Hearing on 2024 City Budget Priorities Short on time so will just remind Council of my public comments made for the 2023 Budget Public Hearing: Mayor Mike Nelson, a man whose Administration set up a hate portal, a man who accused unnamed City Councilmembers of bullying City Staff, and a man who called actions of the Washington State Supreme Court "barbaric", is proposing an in-house city prosecutor. One of Mayor Mike Nelson's stated reasons for proposing such is challenges with oversight of work being performed. Please do not consider this proposal under Mayor Mike Nelson's administration. Next, the November 20, 2012 City Council Meeting Minutes document the following public comments: Ken Reidy, Edmonds, recalled during the October 25, 2005 City Council meeting, former Development Services Director Duane Bowman said he had been describing the need to update the zoning code since he was hired in 2000. The comment was also made that the City's code dated to the 1980s and piecemeal amendments make it difficult to use and administer. Former City Attorney Scott Snyder stated in his November 2007 City Attorney annual report that the biggest issue at Comments the start of 2007 was the code rewrite. Mr. Snyder stated the intent was to begin the rewrite last year (2006) and finish it this year (2007). Mr. Snyder summarized that the code rewrite was approximately a year behind schedule as of November 2007. Mr. Reidy pointed out five years have passed and he questioned why the code rewrite had not been completed. He urged the Council to include the proper amount in the 2013 budget to complete the long overdue code rewrite from start to finish. Code rewrite money has been budgeted multiple times, but Edmonds Mayors have failed repeatedly to execute the budget. City Councils have refused to represent their constituents by holding Mayors and staff accountable. To 'the 2022(now 2023) City Council, I urge you to include the proper amount in the 2023 (now 2024) budget to complete the long overdue code rewrite from start to finish. Also, the entire City Code needs to be updated. The Edmonds City Code (ECC) - (sometimes called Edmonds Municipal Code - EMC) also requires a Code Rewrite. The ECC consists of Titles 1 through 10 and addresses issues such as health, safety, finance, officials, boards and commissions. Both parts of the CODE require Rewrite and that Packet Pg. 21 7.2.a has been true for many, many years. Please budget accordingly. To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx? obj ectld=l 962433 8&contextld=l 8452053 &returnto=submissions Packet Pg. 22 7.2.a EDMONDS CITY SPECIAL COUNCIL MEETING DRAFT MINUTES ELECTED OFFICIALS PRESENT Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER June 22, 2023 STAFF PRESENT Beckie Peterson, Executive Assistant to Council The Edmonds City Council meeting was called to order at 5 p.m. by Councilmember Dave Teitzel in the Meadowdale Clubhouse, 6801 North Meadowdale Road, Edmonds. 2. OPENING REMARKS Councilmember Teitzel introduced Councilmembers in attendance and gave an overview of the budget process and the Budget in Brief handout. Councilmember Chen expanded on the handout to describe additional factors (such as budget carry forwards and changes in anticipated revenues, and ARPA funds). Councilmember Nand reviewed the top priorities identified by Council at the April Budget Retreat; police presence on Hwy 99, Neighborhood Beautification and Cleanup, Human Services, Enhancing Trust and Transparency in City Government and Environmental/Watershed. 3. BREAKOUT / DISCUSSION Councilmember Nand asked each table to review the Budget in Brief handout and select one representative to speak for the table of something they wanted to address. Table 1: Police presence — improvements needed not just on Hwy 99 but please remember all of Edmonds. Speeding traffic enforcement needed, consider speed bumps, cameras, specifically on 761}i Avenue. Table 2: Public Safety Enhancements - $15,000 in the budget for traffic calming is not enough. Funds are also identified for Pedestrian Safety. $1.7 million for Bicycle Improvement? Neighborhood has been working since 2017 to get something done about concerns on 761}i Avenue, including public works, police, mayor, city council. Asked those attending to stand up if they were here for the issue of speeding/ citizen safety on 76t1i Avenue (15+ in attendance stood up). Table 3: The budgeted amount for demolition of the Johnson property is not a priority. Edmonds City Council Draft Minutes June 22, 2023 Page 1 Packet Pg. 23 7.2.a Table 4: Same concerns of traffic calming on 76t1i Avenue. Every year a catastrophic auto accident occurs and the neighbors are the first responders before police/medics arrive. It's preventable, and a matter of time until a fatality. Need more funding for traffic calming. What is the cost of a stop sign? System for funding projects in archaic. Discussion continued about the efforts taken by neighborhood to address this issue. Twice they have submitted petitioned this to be part of the traffic calming program, and did not get results. Some study /speed assessment but haven't seen outcome of city efforts. Discussion about speeding enforcement, physical barriers to slow down traffic and re -engineering of road. The straight-away on 76Ih is known to many young drivers as RollerCoaster Road. High speeds result in cars becoming momentarily airborne; fixing this roadway issue should be a priority to the city. Physical barriers to slow traffic (speed bumps, turtles, stop signs). Another public safety issue is recreational drug use at Haines Wharf and youth impaired driving. Request to have councilmember facilitate a way to bring together Public Works, Police, elected officials and citizens together for a solution. Recommended that 2024 Budget increase amount of funds to Traffic Safety and Traffic Calming. 4. ADJOURN With no further business, the Council meeting was adjourned at 6:15 p.m. Edmonds City Council Draft Minutes June 22, 2023 Page 2 Packet Pg. 24 7.2.a From: To: Subject: Date: ice scordino Council Council wants to hear from the community how to prioritize city spending (2024 Budget) Friday, June 9, 2023 1:03:20 PM Thank you for posting notice in My Edmonds News that you are actually seeking public input on the 2024 budget process. First — I implore the Council to first consider and adopt amendments to the 2023-2029 CFP/CIP before considering new decision packages and the 2024 budget. This will allow Council to determine and authorize the "big ticket" items in the 2024 budget including directions to staff on priorities and where/when to seek external (e.g., State/County/grant) funding to reduce the "burden" on local funds (i.e., the 2024 City budget). Tentatively finalizing the CFP/CIP changes FIRST would also allow the public to actually provide "informed" input on the CFP/CIP (i.e., long range capital needs) when it is not mixed-up with new budget items (decision packages) and the urgency of approving the next year's budget by December. Second — the 2024 budget process should include REDUCTIONS as well as increases to the 2023 budget. The Council should be asking itself whether all of the current budget items are justified and/or accomplishing what they were supposed to — if not, such budget items should be on the "chopping block" for discussion/action (including possibly changing the purpose/approach for the budget item). For example, in 2022 the Council increased the budget for the communications/public information officer to a full-time position, yet the public has seen NO CHANGE in the City Administration's communication on City issues nor response to public inquiries. In fact, communication and "openness" of City administration has DECREASED DRAMATICALLY over the past 3 years. As part of the budget process, the Council should be considering either 1) reducing the position back to half time (and save some money), or 2) clarifying/redefining the Council's EXPECTATIONS for this budget item so it meets the expectations of the increased budget. This same approach is needed for other full-time positions added to the budget in recent years. The Council should be asking if the needs for the positions have been met or not, whether adjustments to the position expectations are needed, and whether it is an area that budget reductions can now be made so that other pressing issues in the City can be funded. It is important for the Council to remember that although it cannot direct/supervise City employees, the Council CAN USE the budget process to prioritize/require what actions City employees do undertake. Packet Pg. 25 7.2.a From: joe scordino To: Council Cc: Darrol Haug; James Ogonowski; CLINTON WRIGHT; ROGER PENCE; kevin(a)kevinf4council.com; Antillon, Oscar; English, Robert Subject: Capital Facilities Plan Date: Wednesday, June 14, 2023 1:30:32 PM Thank you for hosting Monday's 2024 Budget Outreach Workshop. This was a great opportunity for the public to interact directly with Council Members on the formulation of the 2024 budget. As I mentioned at the Workshop, it wasn't clear to me (and others) that this workshop was intended to include public input on potential amendments to the 2023-2029 Capital Facilities Plan (CFP) element in the City's Comprehensive Plan. I was pleased to hear that the Council is intending to complete the CFP amendment approval process in July well before the final 2024 budget approval process in the fall. As requested at the Workshop, I'm providing my initial suggestions for amendments to the 2023-2029 CFP. I'll likely have additional suggestions after I complete a thorough review of the current CFP. Please consider adding the below items to the CFP. I don't have sufficient background information that City staff should have (Oscar and Rob are cc'd) to provide an estimated cost for each (so staff would have to fill-in the dollar amount), but would propose each item be financed with State/County/Federal grant funds or direct appropriation from the State budget. Staff would also know what City funds would be required for matching funds (if applicable), so I also ask that staff include that in each item below. Staff should also note what shared costs with another municipality (e.g., Lynnwood) would be appropriate. 1) Construct a diversion structure on upper Perrinville Creek to divert the excess stormwater flows that are destroying Perrinville Creek. This diversion structure should be constructed at the end of the piped component of the upper watershed in Lynnwood and Edmonds (i.e., at or under the Perrinville Post Office) . The diverted stormwater would be piped to flow under 76th Ave. down to Puget Sound exiting at or near the Lynnwood Sewage Treatment Plant. The underground diversion pipe would be adjacent to the existing Lynnwood sewage pipe under 76th Avenue. Treatment of the diverted stormwater (to reduce pollutants into Puget Sound) could be considered as a 2nd phase of this project with 100% funding from WA Dept. of Ecology. 2) Construct a wood boardwalk in the Edmonds Marsh that extends from Harbor Square to the Willow Creek Salmon Hatchery along the old (removed by volunteers) fence line adjacent to the re-established Shellabarger Creek channel. This boardwalk and trail (on higher ground) would provide new outdoor recreation opportunity (and bird watching) that is commensurate with the ecological functions of the Marsh. The boardwalk would also provide the needed platform to maintain control of the invasive plants that have become established and are damaging the natural functions of the habitat. The 2023-25 State budget provided $500,000 for a similar boardwalk in Packet Pg. 26 7.2.a another municipality, so this may be an ideal funding source in next State budget cycle. 3) Fix the two bridges in Yost Park (one closed and one with imminent closure) that have/will prevent outdoor recreation and public access in the Park. State Recreation grants and Parks Maintenance grants are available that can fully fund this work in the near term. City may want to contract with a knowledgeable outdoor entity such as the Washington Trails Association to do the work at reduced cost by using community volunteers. This could include necessary trial improvements near the damaged bridges and near edge of creek. 4) Modify the historic upper weir in Yost Park to preserve the historic center structure while modifying/removing the wing wall as necessary to re -align the creek channel away from the eroding bluff. This would include re -installing the wood bank protection structures at west end of the downstream pond to prevent high flows from eroding the bridge supports and adjacent banks. I'm sure I'll have more suggestions for CFP amendments (as will others who heard the request at the workshop) as I take closer look at the current CFP. Packet Pg. 27 7.2.a From: ice scordino To: Council Subject: Re: Council wants to hear from the community how to prioritize city spending (2024 Budget) Date: Sunday, June 11, 2023 7:28:57 AM Here's two items I'd suggest Council consider for the 2024 budget: 1) Increase contract to Sound Salmon Solutions to $50-$100K to: Coordinate Community Volunteers conducting Habitat Enhancement/Restoration work on City Property Conduct watershed and salmon education/outreach with local schools and community volunteers Operate a volunteer salmon hatchery (Willow Creek) to increase salmon occurrence in local streams This contractual approach would be more cost effective and have broader positive environmental impacts than hiring additional City staff. 2) Purchase 95x Main Street property for $200K This property is being considered for an economic hardship waiver that would allow building on sensitive, seriously errosive landscape along Shell Creek. City purchased the properties around this site in past to preserve this natural area and should continue that approach with this property. Packet Pg. 28 7.2.a From: Darrol Hauo To: Council Cc: Darrol Haua Subject: Some history on Parks, Citizen View Date: Wednesday, June 14, 2023 2:44:12 PM Hi Council, thank you for what you do. Tough job, not enough pay! At the Budget input session at PW it was mentioned that it might be a good idea to create some sort of board that works on park issues. Great idea to consider how a citizens group can help sort out issues relating to Parks or for that matter other departments. But sticking to Parks here is what was once done BY A CITIZEN'S GROUP. As part of our work on the SAP on of the items gains large community support was finding a permanent funding plan for Parks. A group was formed, I think there were 20 of us and it was let by Carrie Hite and Shawn ? the finance guy. We met several times, sorting out a bunch of the issues and concluded that yes we should find a permanent solution for park funding AND the vehicle to start the whole process was to develop a Metropolitan Parks District. MPD can cross city lines and cities can join together to jointly run parks. Short aside: School district boundaries typically are pretty well defined and are the single most important and costly community function. Using this boundary may help do other multi city stuff. The park study group highly recommended forming a MPD, Edmonds for starters, and creating initially the Board to be City Council. Changing boundaries and/or board as MPD matured was always available. The we sorted out the funding piece and EVERY citizen was in TOTAL agreement. 1. Sort out the total current funding for parks by revenue source. Share of Property Tax base, programs fees, rentals, grants and so on. 2. The major funding sources was property tax from the GF. It was measured in $/1000 3. Earmark the funding sources to MPD and away we go!! All during this process we were shown how levies faired around the state. Park Packet Pg. 29 7.2.a Levies Passed More Than Any Other Levy!! So what's the issue? Fully fund MPD using 123 above and if more money is needed in the future run a levy. What staff wanted to do was not transfer all the property tax funding so that the budget would not be balanced and run a levy to bring the budget back in line and use the money not transferred from the GF as added taxes to the GF. Use the popularity of Parks to fund an increase in the GF. So yes let's think about a board or commission or something to oversee parks The MPI would be best and set the stage for joining with other cities. But lets not play games with the funding. If it good for parks, maybe citizen oversite would be good for Public Works, Watershed, Waste and Storm Water. In a broader sense these citizen's groups serve as councils private staff helping sort out issues. Darrol Haug Packet Pg. 30 7.2.a From: Tibbott, Neil To: Peterson, Beckie Subject: Input about Budget from EDC Date: Monday, June 26, 2023 10:25:21 AM Hi Beckie, In brief here are the suggestions I received from the EDC. 1. DEI Staff (one person) 2. Community Interest Survey - Data 3. Grant writer There was a lot of agreement around our top 6 priorities. No one proposed another better one for the list. Top Priority related to Econ Dev was Neighborhoods More later, Neil PS - Meeting with Chair and Vice Chair of Econ Dev later this afternoon to discuss Landmark99 and any other budget thoughts. Neil Tibbott Council President - City of Edmonds Snohomish County Health Board Snohomish Countv Cities Exec Committee Phone: 425-478-4565 Council Office - 425.771.0248 121 - 5th Ave N, Edmonds, WA 98020 Packet Pg. 31 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q1 Are you an Edmonds resident? Answered:125 Skipped:0 Yes No . 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 95.20% No 4.80% TOTAL 3 O C cC 2 0 W t U N L 3 O Y �L O �L 119 a r a� 6 125 N O N 1120 Packet Pg. 32 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q2 Where do you live in Edmonds? (general neighborhood/area) Answered:118 Skipped:7 North Edmonds (Meadowdale... Seaview / Perrinville... Maplewood/ College Plac... Downtown/ Edmonds Bowl Yost Park/ Chase Lake/ ... Westgate/ Firdale Vill... Hwy 99 /Lake Ballinger area I'm not sure. Other (please, specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES North Edmonds (Meadowdale area) Seaview / Perrinville area Maplewood/ College Place area Downtown/ Edmonds Bowl Yost Park/ Chase Lake/ 5 Corners area Westgate/ Firdale Village area Hwy 99 / Lake Ballinger area I'm not sure. Other (please specify) TOTAL # OTHER (PLEASE SPECIFY) 1 southwest Edmonds RESPONSES 7.63% 9 22.03% 26 5.08% 6 25.42% 30 7.63% 9 15.25% 18 11.02% 13 0.85% 1 5.08% 6 118 DATE 6/19/2023 7:00 AM 2 / 20 1 Packet Pg. 33 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 2 MADRONA LANE 6/18/2023 8:35 PM 3 1 live in Edmonds 6/9/2023 1:11 PM 4 University colony just north of kaspers 6/6/2023 5:07 PM 5 Madrona school 6/6/2023 4:16 PM 6 Madrona 6/5/2023 11:05 PM 3 / 20 1 Packet Pg. 34 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q3 What is your connection to Edmonds? Answered:5 Skipped:120 I work in Edmonds. 1 used to live in Edmonds. live tan —is area near an I'm a frequent visitor to... I'm an occasional... Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I work in Edmonds. 40.00% 1 used to live in Edmonds. 20.00% 1 live in an area near to Edmonds. 40.00% I'm a frequent visitor to Edmonds (weekly) 0.00% I'm an occasional visitor to Edmonds (monthly) 0.00% Other (please specify) 0.00% TOTAL # OTHER (PLEASE SPECIFY) DATE There are no responses. 2 1 2 0 0 0 5 I 4/20 Packet Pg. 35 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q4 During our budget retreat, councilmembers identified several areas they would like to see emphasized in upcoming years. Which do you think the City should prioritize? Answered: 110 Skipped: 15 5 / 20 1 Packet Pg. 36 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 1 Public Safety Services-... 0 O community Spaces -... to 2 N W t O O ■ L 0 City Government ... = �L .O IL a� a� N m ■ v N O Environment watershed... E M Neighborhoods ■ - enhancing... Human services - supporting... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Not a priority M Low priorit... a High priorit... 6 / 20 1 Packet Pg. 37 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Public Safety Services - emphasis of police presence and response along Hwy 99 Community Spaces - acquiring/improving parks and facilities in areas lacking amenities City Government - improving transparency, function and citizen input Environment - watershed restoration and green technology/infrastructure Neighborhoods - enhancing walkability, beautification/clean up and business development Human services - supporting Edmonds community members NOT A PRIORITY 3.70% 4 15.74% 17 8.41% 9 8.41% 9 10.09% 11 9.35% 10 LOW PRIORITY FOR THE NEXT 5 YEARS 17.59% 19 29.63% 32 36.45% 39 41.12% 44 27.52% 30 37.38% 40 HIGH PRIORITY FOR THE NEXT 5 YEARS 78.70% 85 54.63% 59 55.14% 59 50.47% 54 62.39% 68 53.27% 57 TOTAL 108 108 107 107 0 c 109 = 107 t0 W t U N L 3 0 �L �L a r a� a� m N O N 7 / 20 Packet Pg. 38 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q5 To balance the 2024 Budget as required by law, the City of Edmonds has a number of options to consider. Which option would you prefer the City use if needed to balance its budget? Answered: 108 Skipped: 17 Reduce level of City... O C ca 2 Reduce/eliminat■ e services... N O W Increase user t or service f... v MM L 3 Increase L O property taxes L O L Other (please a r specify) O 3 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% m ANSWER CHOICES Reduce level of City services (hours, frequency of service) Reduce/eliminate services offered by City Increase user or service fees Increase property taxes Other (please specify) TOTAL # OTHER (PLEASE SPECIFY) 1 allow higher then 1% property taxes on structure value only 2 Trafic safety 3 Priority better with existing funding 4 Increase availability of some services online & have training available for those who are computer shy. 5 Increase revenues 6 Edmonds is not broke. We don't need to cut anything 7 Look at efficiency of scale and admin staffing 8 Improve staff efficiency - require they do their job with exisitng or reduced staffing RESPONSES 23.15% 9.26% 33.33% 13.89% 20.37% DATE 6/26/2023 6:41 PM 6/22/2023 5:05 PM 6/22/2023 5:02 PM 6/21/2023 11:17 AM 6/21/2023 4:26 AM 6/20/2023 8:20 PM 6/20/2023 8:08 PM 6/19/2023 10:54 PM 25 10 36 15 22 108 N O N 8/20 Packet Pg. 39 Feedback to Edmonds City Council on 2024 Budget Priorities 9 Eliminate city positions -too many were added and the budget is now bloated going into a recession 10 Need more information to know 11 1 don't have enough details to know how to answer 12 Increase the use of trained volunteers 13 Prioritize & be transparent about where money is going. 14 improve government efficiency and reduce waste of resources 15 make more efficient use of funds, don't hire outside consultants 16 Is there a way we could make some low fee parking...? Attractive parking lots? and charge a small fee? Would help parking, and give the City a little more income.? 17 seek additional funding sources, balance sufficient and perfect 18 Increase revenues 19 Reduce expenses for items that aren't focused on existing citizens 20 Eliminate waste 21 Accelerate additional housing units of all kinds to increase tax base 22 Combination of reductions and user/service fees SurveyMonk 6/19/2023 8:57 PM 6/19/2023 8:28 AM 6/19/2023 8:09 AM 6/18/2023 8:13 PM 6/15/2023 8:47 AM 6/11/2023 6:27 PM 6/11/2023 11:30 AM 6/11/2023 9:07 AM 6/7/2023 4:50 PM 6/7/2023 11:27 AM 6/6/2023 5:10 PM 6/6/2023 10:01 AM 6/5/2023 10:01 PM 6/5/2023 9:58 PM 0 c c� 2 0 W t U a� L O L 0 L a r a� vm m N O N g / 20 Packet Pg. 40 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q6 What are specific items that you would like to preserve funding for in the 2024 Budget? Answered:75 Skipped:50 # RESPONSES DATE 1 Recreation, parks, and other facilities that are fun and exciting. 6/26/2023 11:42 PM 2 new sidewalks in underserved areas, services and general investment in underserved areas 6/26/2023 6:44 PM c 3 Services to help the most vulnerable in Edmonds, road safety improvements (focused on 6/25/2023 9:27 PM = walkers, bikers, all users!), climate plan work. � 4 Parks, Police, Human Services 6/25/2023 12:02 AM 0 4: W 5 Expanding and connecting Safe Routes to School, for walking and bicycling. Anything and 6/24/2023 11:48 AM everything that can be done to mitigate global heating. (Climate Change is not strong enough f° a� language to convey the urgency of this. It's all hands on deck or our children and grandchildren will all suffer unimaginably.) 0 6 Police recruiting, climate control actions, outreach to all of Edmonds. 6/22/2023 10:07 PM L 0 7 Human services and resources for people struggling with housing or food insecurity 6/22/2023 8:32 PM a 8 Police and safety including traffic Sidewalks Parks 6/22/2023 5:26 PM r 4 9 Park improvements, expansion 6/22/2023 3:42 PM 0 m 10 Public health and safety, education, environmental protection, green transportation strategies. 6/22/2023 2:15 PM c N 11 1 would like to see Human Services preserved, and in fact enhanced! I'm seeing so many 6/22/2023 12:21 PM people's basic needs not being met, or the struggles that they are going through since the E L pandemic, and I think if we focus on meeting those basic needs first, we would have less need 0 for public safety and would create a community where EVERYONE is thriving! I think we should also have a more robust Communications division and a federal grant writer so that we can access bigger pots of money! a� 12 Human Services, planning / development staff for more housing & road crews 6/22/2023 11:48 AM `~ m c 13 Human services, creating more walkable streets in areas with more renters and marginalized 6/22/2023 10:00 AM populations. Put more parks and green spaces in those areas too. Educating residents about 0 the new housing zoning laws and then dire need for housing stock and more housing o affordability. ,L- 14 Increase security along Hwy 99 in cooperation with Lynnwood & maybe Shoreline. If we have 6/21/2023 11:30 AM N another heavy rainy season, Perrinville Creek is become a real problem. We need to do something about speeding up the Unocal site cleanup; the longer we wait the more expensive CD it will become not to mention the effect on the salmon & Orcas. Surely there are some outside support Edmonds' share. E 15 police and street maintenance. Basic city functions 6/21/2023 9:35 AM is 16 Creating and preserving as many parks and green spaces as possible. Fighting against 6/21/2023 7:45 AM r Q increased density 17 Support for climate action plan. More infrastructure outside the bowl. Human services. 6/21/2023 4:31 AM 18 Police and environmental issues (ie: protect the marsh, electric city vehicles, etc) 6/20/2023 10:25 PM 19 Protecting the environment. Once we lose our trees and damage our waterways, they are gone 6/20/2023 8:25 PM for good. No amount of money can bring back a healthy environment once it is gone. Providing a healthy place to live is the biggest service the city can provide residents. 20 Fighting climate change 6/20/2023 8:12 PM 10 / 20 1 Packet Pg. 41 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 21 Accurate projection and transparency of ARPA spending 6/20/2023 8:11 PM 22 Increase access to human services and increase low income housing access 6/20/2023 8:10 PM 23 Library 6/20/2023 5:10 PM 24 Public Safety . Cars are speeding everyday in front of my home on 76th ave West. I have 6/20/2023 2:30 PM already been the victim of a MVA in my yard, costing over 10K in repairs. Someone is going to die because of lack of speed controls 25 Need to budget funds to fix and repair city sidewalks and the property they already own before 6/20/2023 11:50 AM spending on future projects 26 Comprehensive Plan update 6/20/2023 8:47 AM 27 Reducing crime with more police and more services to get people into treatment. 6/20/2023 5:54 AM 28 Basic essential municipal services 6/19/2023 10:59 PM 29 Public safety is the number one issue now, unfortunately. Funding needs to go to police and 6/19/2023 8:57 PM prosecutors. Eliminate new park acquisitions, re evaluate spending on city department heads salaries and bonuses. Focus on the basics starting with public safety. 30 Crime prevention. Regular sidewalks outside the Bowl. Parks outside of the Bowl. Parking in 6/19/2023 7:58 PM the Bowl for citizens from all over Edmonds, Stop lights up hill on feeder streets to 220th and 212th and beyond. Speed bumps (motor cycles dodge plates). Prosecution of criminals, so judges and attorneys who can incarcerate the violent or repeat offenders and will do so (deterrent) I think it matters. We don't want to look soft on crime! Non violent with offenders, yes of course. Help for Salmon runs. But cool it until we catch up choose the most important areas first. Wait on Perrinville until Lynnwood ponies up. A full size full service Lawn and Garden Center in EDMONDS. I suggest 5 corners area where the Day Care Centers may be. Add more retail around that area with this TAX and its a lot for all of the plant sales that we give King County and Shoreline. WE need our sales tax. NOT in the Bowl for this either with prohibitive parking etc it needs to be centrally located. Come up the hill for this! Love Florentine Club but they run out of plants in an hour it seems so we need this all spring, summer and fall, even at Christmas time! This should be a slam dunk. Creates jobs too. I love the fact you gave us room to write our views. THAT is how a city should operate. Thank you. Its hard to remember all of the plans for our budget and confusing for many even if you show us the legal eze written sites. Charge for parking (everyone even employees and store owners) no more special treatment here. We do need special treatment for handicapped and just elderly people who cannot scamper around due to physical issues not lack of wanting to. Stop with the guilt by your planners and boards. New Mayor instruct them firmly. Save Trees as much as possible everywhere. Choose builders and developers who respect what we want here and try getting some people in front of us that are not from Seattle (a failed city at this point) Let your city know you are doing this for all. Even the tougher approach on crime might help an addict. Stop telling us things don't exist that we can plainly see do and have existed and we didn't have a clue. We can't help Edmonds if we are not aware. WE need the park in Esperance for ALL of the people we are putting in these Hwy 99 Buildings. How do we get it I don't know. But I think the spot will serve our new residents well. As well as many who live above 9th Avenue. I know this isn't a popular thought but the space where (the closet) for the DriftWood Players is a lot of land..A lot of possibilities to build and take no views as the slope takes care of that issue. Might cut down on wrecking neighborhoods etc. I would if possible make 212TH and 220TH a two lane both ways road. This will cut down on reckless driving and accidents and road rage. Hindsight is only worth its weight in sand. If you have expensive and less expensive in areas that lead into the Bowl you will have more interest from here and many other cities, once here a shuttle down the hill if they like and they can shop there too. I can visualize all of this working. Wait until I get to the reduction section. Ha. The boys and girls club ( since we started this and I should have been centrally located but isn't) Should be sure before the building is the water table there) remember what happened before. Well this time for this bring in the best to evaluate this situation. Add to turf accordingly before we build. If I was the Queen ha of Edmonds I would say this. WE have spent a fortune on Bike lanes and the majority of people here do not use them. Wanting and encouraging will not make it so.. Catering to a very small % of Edmonds is wrong and it has cost us much. Stop it now. Stop the green streets and taking parking and just like DT Edmonds these single family neighborhoods have a lot of greenery bought and paid for by home owners and are maintained by private citizens look around and you will see this. WE don't need encouragement to walk, people walk if they can and WANT to. Our weather is bad in the winter now for one thing. Stop 11 / 20 1 Packet Pg. 42 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 31 32 33 34 35 36 37 38 39 40 all of this we want to be Europe for awhile and be happy we have what we do here. Wait until it can be afforded by citizens TAX dollars. We don't have to do everything right now. We don't have to have a move in ready for younger taxpayers for everything. They too if they want to live here will do their part in the years to come. Edmonds as a very mixed in all ways city is wonderful. I love this but but as it is many are not being considered. The Bowl is lovely. I love the Art but we do waste and not tell. We don't look for better deals and we ad in the bowl all kinds of expensive outdoor Sunset, The Beaches. You are paying too much. Find Artisans that might even incorporate volunteers to help and teach them how to do mosaic etc etc. Its not that hard. I made them for years. I know. The retailers in Edmonds say ( it was in the MEN) that they in the Bowl are doing well $. 1 am glad but its not enough for the whole city to benefit. THIS is why you need the Large Garden year round tax maker. With like I said little shops that also sell pretty things and Art etc. We bring in more tax money. I would prefer to give that tax money to Edmonds. I love Sky I have shopped there and spent a fortune all of these years. Every tree every evergreen and shrub and perennials and annual I have was purchased there. How many here who spend big bucks want to go to Ballard these days? We also should encourage these garden markets with the produce as plentiful and high quality as is in the BOWL. Not on 99 perhaps but places those who cannot find parking can go to get all of those things too. You might leave out the retail artsy stuff and keep that in Edmonds B for the markets. But the produce and the other locally made items that are food related should be in this market up hill. Encourage all of Edmonds to shop everywhere. We should move our police department up hill or like half way up to allow them better access all over the city instead of spending a fortune as we are going to we could build a new one and this frees up some more lots of room for more retail in the Bowl. Think about it. It is clear that crime may not leave Edmonds and as you see and this is just what we know that a lot of the crime is in the Bowl and near our Hospital. Our Hospital is under attack! Not cool. I believe we should move the police so they can protect our hospital and staff and patients. Move any rehab to a location out of neighborhoods. I am for rehab but this area too is undersiege. Lots of children and vulnerable live here and other spots that are not in the Bowl. THESE are your taxpayers too and most won't try loopholes with their taxes. I don't. People have paid a million plus and still are for property up here. That is good for Edmonds tax dollars too. I don't know ok but why are we spending money in these near to us cities when we are in $ trouble. Don't they have their own space to use to make money and tax dollars. I think they do. But if we continue to hold evey other cities hand well we aren't going to get a leg up and also then like the deterrents I mentioned here they too will plan ahead and for now knowing they must find a way just like WE are. I have lived here in Edmonds for 32 years I remember everything. We are the Gem on the sound. It costs a lot to maintain that status for Art all of it. I have nothing at all against Lynn or Mount but show us how much space is available there. So we know if they too are running out of space. Like it or not you do need a PAY by the hour Parking Garage in the Bowl. You could have the bottom floor as retail space. Two storys possibly like Nord you could leave the top floor with no roof but you need an elevator just like at Nord to be compliant. Not all here are going to use city busses to shop. That is a fact. Right now its not that safe. It is inconvenient for older and medium age citizens to shop and carry their expensive items on a city bus and then walk home! Come on. I hope that many who drive buy electric cars and buy them if they want to. And think that technology is here to stay. I am not sure about this. I hope they find a way to make them safe and efficient and truly affordable but this will take time? Sidewalk construction 6/19/2023 9:15 AM Safety in schools & throughout Edmonds 6/19/2023 8:33 AM Public safety, parks, basic services to residents. But again I don't have enough details to 6/19/2023 8:11 AM really know how to answer. sidewalks, parks in our neighborhood 6/19/2023 7:05 AM Not sure 6/19/2023 7:03 AM human services, street improvements/safety for people walking/rolling/biking 6/19/2023 5:46 AM POLICE PROTECTION 6/18/2023 8:38 PM Safety 6/18/2023 8:24 PM Public Safety and community investments in parks. 6/18/2023 10:41 AM Parks in Hwy 99 area; support for neighborhood groups to work with police in helping with 6/18/2023 9:37 AM issues in the neighborhood. More sidewalks in Hwy 99 area 12 / 20 1 Packet Pg. 43 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Sidewalks, streets & a parking facility. 6/15/2023 8:54 AM It is OFFENSIVE that you did not include Public Education among our priority options to rank 6/12/2023 4:02 PM on this survey. On that basis alone, this survey should be repeated. Capacity to apply for state and federal grants 6/12/2023 3:54 PM acquiring more open spaces and parks. save the Perrinville Woods. create a Tree Voucher 6/12/2023 12:25 PM Program for Edmonds Citizens. create or join a regional Tree Preserve where we can plant new conifer trees to replace all the mature conifers being chopped down. start buying electric trucks and cars to replace all gas/diesel trucks/cars in City fleet. electrify all City buildings' heating/cooling systems. create a Street Tree program to plant appropriate Street trees along all our major arterials. Address public safety concerns and reduce crime by deploying resources to where it is needed 6/11/2023 6:34 PM on Hwy 99 and the Lake Ballinger area. -0 Anything to do with Environment... and Police Services. We have a great Police Dept! 6/11/2023 9:09 AM c� = repairing/maintaining the library building complex 6/11/2023 7:28 AM ,o W Police 6/11/2023 7:25 AM t Safety Services 6/11/2023 6:41 AM v i Safety and more options for affordable living for middle class workers 6/11/2023 1:01 AM .r 3 O streets, public safety, city staff 6/9/2023 2:29 PM L 0 Smart use of remaining ARPA funds 6/9/2023 1:56 PM a Street repair. Sidewalk repair. Public input and evaluation of items relating to the revision of the 6/9/2023 12:34 PM r 0 vm comp plan. m Parks, growth and density management, transparency in council policies and decisions g Y 9 p Y p 6/9/2023 10:14 AM � Improving walkability in neighborhoods without sidewalks. Especially near hwy 99 6/8/2023 4:32 PM N CD N Claming traffic on 76th Ave from Perrinville north to Lund's gulch and Medowdale road 6/7/2023 5:09 PM E intersections. ,o Human Services 6/7/2023 12:34 PM 0 Improving accessibility to existing structures and outdoor accessibility obstacles 6/7/2023 8:39 AM m a- Public safety by far. Especially with increase in drug use and user encampments. 6/6/2023 7:30 PM m c Safety and basic services like walkable sidewalks instead of bike trails I'm not sure this 6/6/2023 5:53 PM qualifies as preserve because we don't seem to invest in adequate sidewalk maintenance, 0 ADA requirements and parking. Basic services o Do a good job with Comp Plan, so it reflects the will and the vision of Edmonds' residents 6/6/2023 4:23 PM L 4- r Green space and tree canape and access through trail systems 6/6/2023 4:21 PM CD Community -building and neighborhood -building measures 6/6/2023 4:12 PM public safety 6/6/2023 2:00 PM c m E Climate & diversity efforts 6/6/2023 12:00 PM t U Street & sidewalk maintenance, care of parks department sites, city services, transparency 6/6/2023 10:06 AM r Q issues First responders 6/6/2023 8:26 AM More effort to keep city clean and free of vandelism 6/6/2023 8:01 AM Public safety for roads, sidewalks, crosswalks, effective speeding enforcement. 6/6/2023 6:55 AM Public safety (fire, police, etc.). Development of the pocket business zones so that everyone 6/6/2023 6:41 AM lives within a half mile of some sort of grocery store police, roads, sidewalks, public infrastructure 6/6/2023 5:02 AM 13 / 20 1 Packet Pg. 44 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 72 73 74 75 Social worker and human services Police department Fire and public safety Parks and 6/6/2023 4:32 AM arts/Frances Anderson Center/Waterfront Center/Dog Park Human Services, Public Safety, Streets & sidewalks, 6/5/2023 11:25 PM Police department 6/5/2023 10:20 PM Public safety, public services 6/5/2023 10:03 PM 14 / 20 1 Packet Pg. 45 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q7 What are specific items that you would like to reduce funding for in the 2024 Budget? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Answered:69 Skipped:56 RESPONSES DATE Marsh or watershed restoration. 6/26/2023 11:42 PM amenities in well served areas. Put large expenditures in well served areas on the ballot 6/26/2023 6:44 PM -oa c None, increase revenue. 6/25/2023 12:02 AM = Enhancing the Arts Corridor and tourist attractions are all very nice, but not as urgent as 6/24/2023 11:48 AM O mitigating global heating and making our streets safer for ALL users, not just cars. W Litigation against the Enb Tide re the missing link. 6/22/2023 10:07 PM Not sure 6/22/2023 8:32 PM .r 3 Climate and green Equity Outreach 6/22/2023 5:26 PM 0 Park services , 6/22/2023 5:22 PM o .L Not focused on reducing funding 6/22/2023 3:42 PM a 1. Any events that harm rather than enhance Edmonds' carbon footprint. 2. Reconsider non- 6/22/2023 2:15 PM r a� Im catalytic converter antique car shows. 3. Any item that does not contribute to lowering m greenhouse gas emissions. 4. Any area that is much less a priority than climate mitigation and adaptation. c N Less policing and such heavy emphasis on "the bowl" amenities, with more emphasis on outer 6/22/2023 12:21 PM areas. E L O nothing comes to mind 6/22/2023 11:48 AM Y Take a very hard look at the neighborhoods that get more of the focus and funding, and 6/22/2023 10:00 AM allocate budget more equitably so the other areas that are underserved are treated and supported equitably 4- I can't think of anything. Right now I'm fighting COVID & haven't been able to concentrate long 6/21/2023 11:30 AM 4) S enough to really read the budget. o arts, creative district, expensive consultants 6/21/2023 9:35 AM p L 4- Business development, anything that leads to increased density 6/21/2023 7:45 AM r Police station perimeter fence 6/21/2023 4:31 AM N O W The arts Corridor seems like a big waste to me. Also I suspect the people living on fourth Ave 6/20/2023 8:25 PM r don't want their neighborhood upended. y E Professional services - Tree Board is using an east coast consulting firm. 6/20/2023 8:11 PM O Not sure 6/20/2023 8:10 PM Q Street repairs 6/20/2023 5:10 PM Code enforcement 6/20/2023 2:30 PM Cap all salaries 6/20/2023 11:50 AM Unhelpful projects such as Reimagining City Streets. 6/20/2023 8:47 AM Any social programs that don't have clear traceable goals and outcomes. 6/20/2023 5:54 AM Human services and unachievable goals (e.g., affordable housing) 6/19/2023 10:59 PM 15 / 20 1 Packet Pg. 46 27 28 ce 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Feedback to Edmonds City Council on 2024 Budget Priorities City employees. Get them back in the office and cut hours they work No more BIKE lanes for now anywhere. That is a problem. NO parklet to let walkers sit for a bit. NOT now. I would be real careful on our library too. Do we have to have a roof garden. It will probably flood again and we all know a new library is coming to town. So start looking for a spot for that that is also centrally located. This is an old building and you can only ignore this for so long. I know you like the Art Plaza. I see this now. I understand it too. But for now I think we might want to go back to the drawing board on this. It is Sno Isle not Edmonds library really it is. It is for our citizens and well it should be used as such. We can't make every single thing we do about Art it would be lovely but we really can't. Why do we need sleeping space for ball players in one of our Art complexes? I suggest neighbors offer space to sleep for a night or two or build a hotel that is for paying customers maybe in Ferndale is it? If people do come to Edmonds on vacation and are not visiting someone who lives here where do they stay? Any room at the Ebb? If so how far do they book out? AH good grief so much to do, so much to think about. Nothing is a sure thing for anyone and now it is much worse in our area. People of money are leaving here to go to someplace else as they are fed up. Those people make up a lot of your tax base. I watch the housing market here like a hawk. I did sell Real Estate for awhile and I predicted it would go up and it is. It will always go up here on one of the last and only cities directly on the Sound. Now that SF has fallen I wonder how Monterey and Carmel are doing ? Anyone know? Or is freaking out! Talking about forming their own state ha. Oh Boy. I wish you luck. I like our CC and I care about all in Edmonds. Consultant to create master park plan for the donated house property, development of the new property Need more info Don't know what the options are none Not sure POLICE NOTHING Don't know enough about the 2024 budget Community Court space at Hwy. 99. Not sure we're getting a decent return on the investment for this space. I don't know the budget well enough to say what I think should be reduced. Overall, though, spend more money outside the bowl where more of the revenue for the city is generated. Items that do not help or affect the majority of the citizens. Mayoral and City Councilmember salaries. Historic preservation of downtown Edmonds The City should be careful about expanding its workforce and only hire when it is absolutely needed. outside consultants unless a very specialized knowledge set Don't know... I can't think of anything city government the court Fewer new police cars Examine all the new positions added to see if the public really supports and is willing to pay for these positions. Bike lanes. unsure Any improvements or funding for projects in the bowl. It's time to pay more attention to areas SurveyMonk 6/19/2023 9:30 PM 6/19/2023 7:58 PM 6/19/2023 9:15 AM 6/19/2023 8:33 AM 6/19/2023 8:11 AM 6/19/2023 7:05 AM 6/19/2023 7:03 AM 6/19/2023 5:46 AM 6/18/2023 8:38 PM 6/18/2023 8:24 PM 6/18/2023 10:41 AM 6/18/2023 9:37 AM 6/15/2023 8:54 AM 6/12/2023 4:02 PM 6/12/2023 3:54 PM 6/11/2023 6:34 PM 6/11/2023 11:30 AM 6/11/2023 9:09 AM 6/11/2023 7:28 AM 6/11/2023 7:25 AM 6/9/2023 2:29 PM 6/9/2023 1:56 PM 6/9/2023 12:34 PM 6/9/2023 10:14 AM 6/8/2023 4:32 PM 0 c c� 2 0 LLI t U a� L 3 O �L 0 L a r CD vm 0 m N O N 16/20 Packet Pg. 47 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk that have not received enough attention in the past. Especially close to hwy 99. 52 Eliminate leafblower turn -in incentive. 6/8/2023 3:55 PM 53 Consultants to rewrite reports that are unnecessary 6/7/2023 12:34 PM 54 1 am not sure if these are actual budget items or grants but special interest aspects of the bike 6/6/2023 5:53 PM lanes and other aspects of public use (pentanque) 55 Staff initiatives that don't reflect our values. EG revisioning city streets 6/6/2023 4:23 PM 56 Committees and surveys that achieve little and cost an outrageous amount. Hire the right 6/6/2023 4:21 PM people to get the jobs done, eliminate staffing redundancies, and table the political posturing. 57 If needed, environmental efforts, only because it's not an issue a single city can really impact. 6/6/2023 4:12 PM We'll have better outcomes serving community needs 58 Social services, out reach programs, and activities that recognize and promote racial and 6/6/2023 4:02 PM c = social differences instead of bringing people together. W _ 59 4th ave arts corridor 6/6/2023 2:00 PM LLI 60 Increasing taxes? 6/6/2023 12:00 PM 61 4th avenue corridor project 6/6/2023 10:06 AM M 62 Payroll of mayor and those at top making too high an income 6/6/2023 8:26 AM O 63 Anything that can be supported from other sources such as federal $ or grants. 6/6/2023 8:01 AM 'o .r 64 1 believe the city is doing a good job managing the budget. So the only way to improve more is 6/6/2023 6:55 AM a to increase revenue. aD a� 65 Refurbishing parks 6/6/2023 6:41 AM m 66 general services in department budgets (consulting fees), anything unnecessary for basic 6/6/2023 5:02 AM government operations. N c N 67 Nothing 6/6/2023 4:32 AM E L 68 As much as I like to see funding for Highway 99, 1 don't agree with the areas where you have 6/5/2023 11:25 PM closed off areas to turn. Beautification is one thing but why hasen's a Chamber of Commerce in the 99 Corridor been started? f° 69 Wasteful spending 6/5/2023 10:20 PM 17 / 20 1 Packet Pg. 48 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk Q8 Are there new items that you think would be helpful to consider for the 2024 Budget? 2 3 4 5 6 7 8 E 10 11 12 13 14 15 16 17 18 19 901 21 Answered:56 Skipped:69 RESPONSES 99 landmark, stormwater treatment at newly acquired property on SR104, REDI program manager More bike/ped safety improvements, middle housing, things for non -bowl neighborhoods Garbage/shopping cart clean up (volunteer group led by PD/Streets) need trailer and staff lead. Not sure Big mistake- smaller govt is the answer Improve citizen safety by calming traffic measures since this is low level. no Climate Action Plan implementation funding, Climate Adaptation Plan development, Vulnerability Study, and Sea Level Rise Study. Also, add a Climate Action Coordinator to oversee all plans and studies. I think we should seriously consider moving the Human Services department, food bank, and any other related services up to the"uptown" area where the needs are much higher, and where the neighborhood office is. Bring the services to where the people are, versus making it more of a barrier for them to get down to the bowl. Also, create a multi -resource center, connected to the food bank, so that people can get all of the services that they need in one place! erquity & the environment No re -write the code! Is there a way to make schools stop levying money from property owners? Federal grant manager, and a climate resiliency manager Fix watersheds Hiway 99 business incubation and support Safety on 76th ave West No A City website that works and is kept up to date. Website should be citizens' Go -To place for both general city information and specific projects. Environmental stewardship using community volunteers (i.e., NO increase in 2024 budget to encourage community activism) I really think right now we should concentrate on keeping people safe all over Edmonds. Encourage shoppers by welcoming them with assistance like PARKING. Build some shelters that don't let babies die from Fent exposure. Social Services in WA state should be able to help children live safely while their parents are in bad shape. orphanages are sad yes, but living in squalor and subjected to all kinds of violence is unacceptable to me. I wish our state would see it this way. Apparently it doesn't. I am a Centrist. Most of my life I did vote Dem being a child of the Peace Time here. I believe strongly in Equal Right for all. I support but don't endulge many social causes. Safety absolutely, inclusion yes.. All of it. But we need to ALL talk about other things besides our selves and lifestyles. Edmonds seems to be a pretty cool place to me and I want that to continue and I want all citizens to help protect one another. DATE 6/26/2023 6:44 PM 6/25/2023 9:27 PM 6/25/2023 12:02 AM 6/22/2023 8:32 PM 6/22/2023 5:26 PM 6/22/2023 5:22 PM 6/22/2023 3:42 PM 6/22/2023 2:15 PM 6/22/2023 12:21 PM 6/22/2023 11:48 AM 6/21/2023 11:30 AM 6/21/2023 9:35 AM 6/21/2023 7:45 AM 6/21/2023 4:31 AM 6/20/2023 8:11 PM 6/20/2023 8:10 PM 6/20/2023 2:30 PM 6/20/2023 11:50 AM 6/20/2023 8:47 AM 6/19/2023 10:59 PM 6/19/2023 7:58 PM 18 / 20 1 Packet Pg. 49 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 I am a separation of church and state person for a reason. I see the rest of the world. It doesn't work. Spirituality is a choice and doesn't need encouragement? Right? Right! Here you can be whatever you want in the Gem of the sound. I encourage it all the way. But no human being is more special than the next. At least that is how I see it. So my arms are welcome to ALL. Maybe if we encourage more talks and give outphone numbers for people to call other people to talk to get to know them and take it from there. Its the nice thing to do. I like nice. I like needs met and wants evaluated very carefully as far as $ spending is concerned. I want our Schools to operate with the budget they have and know they must. WE I read have huge salaries for our educators and Superintendents, I read we are 131% above anyone else. Look it up I forgot all those stats. And yet our schools are no longer a draw to Edmonds. Hold on now ! I believe if families here are using private schools might need to pony up if they are using Public School property. I know I am mean haha. I also sorry believe that families in Edmonds that can clearly afford Breakfast and lunch for their kids. Those who cannot we can provide. To me it's the same for the busses and the ferries. I also really want to encourage a pass that for lunches and all the rest have the ability to put these expenses on a CC if they can afford it and free lunches are free on the card. Allcards look the same. The computer does the rest. This I hope will cut down on stigma. I want kids to learn about economics and marketing and maybe less time on bugs and Salmon. They are in a spot but Education in the basics is crucial to know how to live and get in good colleges etc. I like some of what ECC does but it too can't be free everything. Save that for the underprivileged. We are not a Socialist State yet and until we are (which I don't want) we can't afford to act like one. This means help the needy and pay yourselves if you can afford to and many of us can. Increase park land acquisition budget in Hwy 99 area, scope the cost of recreation center with 6/19/2023 9:15 AM indoor pool in Hwy 99 area More police. Social workers. 6/19/2023 8:33 AM No 6/19/2023 7:03 AM More human -focused investments. 6/19/2023 5:46 AM MORE COMMUNITY INTERACTION 6/18/2023 8:38 PM Don't know enough about the 2024 budget - providing a link to this on the survey page would 6/18/2023 8:24 PM be helpful Funding a feasibility study of the Mayor's plans of creating a system of interconnected 12-foot 6/18/2023 10:41 AM wide sidewalks. Lease property from the Edmonds Lutheran Church or buy property across the street for a 6/18/2023 9:37 AM park. Parking structure that could charge a fee to bring in revenue and make it easier for people to 6/15/2023 8:54 AM visit our businesses, parks and events without making it difficult for our residents to park in their own neighborhood. (see above) 6/12/2023 4:02 PM Procurement grants through the U.S. Department of Energy from the Bipartisan Infrastructure 6/12/2023 3:54 PM Law section 40302 contribute to regional housing programs for the unhoused. contribute to regional drug/alcohol 6/12/2023 12:25 PM rehab programs and mental health programs. Be mindful for hiring contractors, especially using contractor without Council approval. 6/11/2023 6:34 PM See earlier comment on parking. 6/11/2023 9:09 AM Complete the "missing link" of the waterfront walkway. Build the walkway in front of the 6/11/2023 7:28 AM condos. no 6/9/2023 2:29 PM Far better/more frequent communication to citizens. Far better responsiveness by the mayor 6/9/2023 1:56 PM and his/her staff to citizen concerns. Fix the roof leak over the Library. Better road repairs. Move police toward 99. Move city hall 6/9/2023 12:34 PM employees to Public Safety building. Sell or reuse current city hall. Evaluate weekend Family 19 / 20 1 Packet Pg. 50 Feedback to Edmonds City Council on 2024 Budget Priorities SurveyMonk indoor learning and recreation activities. Increased transparancy of budget details. Better longer range view of public discussion and decisions to be made. 40 unsure 6/9/2023 10:14 AM 41 Sidewalks along the entire length of 84th Ave w from 5 corners south to 238th. 6/8/2023 4:32 PM 42 Create an a -bike purchase incentive program, and find new funding for protected bike 6/8/2023 3:55 PM infrastructure development; this has been a very successful combo in Denver. 43 Sidewalks throughout edmonds to make us a more walkable and updating code so that the 6/6/2023 5:53 PM councils and staff are able to clearly follow our laws. And citizens aren't harmed by staff and councils misunderstanding or misrepresentations of code. 44 Better community engagement. Better support for volunteerism on boards and commissions 6/6/2023 4:23 PM 3 0 and neighborhood initiatives. c c� 45 Make Edmonds a destination wine/brew, art, and walking town (sidewalks needed everywhere) 6/6/2023 4:21 PM = 46 Anything that increases community -wide participation, which helps build town spirit, embraces 6/6/2023 4:12 PM 0 our neighbors, lowers crime, etc W 47 Increase overtime parking fines 6/6/2023 4:02 PM U M 48 N/A 6/6/2023 12:00 PM 49 Please keep streets repaired and no multi housing units without their own parking provided. 6/6/2023 8:26 AM 3 O 50 More handicapped parking 6/6/2023 8:01 AM 0 51 A significant increase in the calming Edmonds budget for neighborhoods needing attention. 6/6/2023 6:55 AM L a 52 Supporting public transit option from every ferry to the light rail. 6/6/2023 6:41 AM r a� -a 53 more money to maintain and enhance the city's infrastructure. 6/6/2023 5:02 AM CO N 54 1 think you should think about funding a Chief of Staff and a Deputy Mayor. I believe the City 6/5/2023 11:25 PM c N Staff has way too much power and with this current Mayor, there needs to be someone who will not allow City Staff to act like him but be interested in what the public has to say. I also E believe someone needs to look at your city staff and start hiring people from the communities ,o of color. There are many people of color who are quite qualified to work not just work for the City, but they need to also be in leadership/management positions. Finally, you need to hire someone with ADA credentials. The City is so out of compliance. You don't even have handicapped accessible doors to get into council chambers. The doors into City Hall don't work for people with disabilities. No, don't hire a consultant. Hire a staff person! c 55 No 6/5/2023 10:20 PM 0 56 Additional senior/retirement housing, more transit options for seniors and students 6/5/2023 10:03 PM E 20 / 20 1 Packet Pg. 51 8.1 City Council Agenda Item Meeting Date: 07/5/2023 Approval of Special Meeting Minutes of June 22, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Special Meeting minutes as part of the Consent Agenda. Narrative The Council Special meeting minutes are attached. Attachments: Draft Minutes June 22 2023 Special Council Meeting Packet Pg. 52 8.1.a EDMONDS CITY SPECIAL COUNCIL MEETING DRAFT MINUTES ELECTED OFFICIALS PRESENT Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER June 22, 2023 STAFF PRESENT Beckie Peterson, Executive Assistant to Council The Edmonds City Council meeting was called to order at 5 p.m. by Councilmember Dave Teitzel in the Meadowdale Clubhouse, 6801 North Meadowdale Road, Edmonds. 2. OPENING REMARKS Councilmember Teitzel introduced Councilmembers in attendance and gave an overview of the budget process and the Budget in Brief handout. Councilmember Chen expanded on the handout to describe additional factors (such as budget carry forwards and changes in anticipated revenues, and ARPA funds). Councilmember Nand reviewed the top priorities identified by Council at the April Budget Retreat; police presence on Hwy 99, Neighborhood Beautification and Cleanup, Human Services, Enhancing Trust and Transparency in City Government and Environmental/Watershed. 3. BREAKOUT / DISCUSSION Councilmember Nand asked each table to review the Budget in Brief handout and select one representative to speak for the table of something they wanted to address. Table 1: Police presence — improvements needed not just on Hwy 99 but please remember all of Edmonds. Speeding traffic enforcement needed, consider speed bumps, cameras, specifically on 761}i Avenue. Table 2: Public Safety Enhancements - $15,000 in the budget for traffic calming is not enough. Funds are also identified for Pedestrian Safety. $1.7 million for Bicycle Improvement? Neighborhood has been working since 2017 to get something done about concerns on 761}i Avenue, including public works, police, mayor, city council. Asked those attending to stand up if they were here for the issue of speeding/ citizen safety on 76t1i Avenue (15+ in attendance stood up). Table 3: The budgeted amount for demolition of the Johnson property is not a priority. Edmonds City Council Draft Minutes June 22, 2023 Page 1 Packet Pg. 53 8.1.a Table 4: Same concerns of traffic calming on 76t1i Avenue. Every year a catastrophic auto accident occurs and the neighbors are the first responders before police/medics arrive. It's preventable, and a matter of time until a fatality. Need more funding for traffic calming. What is the cost of a stop sign? System for funding projects in archaic. Discussion continued about the efforts taken by neighborhood to address this issue. Twice they have submitted petitioned this to be part of the traffic calming program, and did not get results. Some study /speed assessment but haven't seen outcome of city efforts. Discussion about speeding enforcement, physical barriers to slow down traffic and re -engineering of road. The straight-away on 76Ih is known to many young drivers as RollerCoaster Road. High speeds result in cars becoming momentarily airborne; fixing this roadway issue should be a priority to the city. Physical barriers to slow traffic (speed bumps, turtles, stop signs). Another public safety issue is recreational drug use at Haines Wharf and youth impaired driving. Request to have councilmember facilitate a way to bring together Public Works, Police, elected officials and citizens together for a solution. Recommended that 2024 Budget increase amount of funds to Traffic Safety and Traffic Calming. 4. ADJOURN With no further business, the Council meeting was adjourned at 6:15 p.m. Edmonds City Council Draft Minutes June 22, 2023 Page 2 Packet Pg. 54 8.2 City Council Agenda Item Meeting Date: 07/5/2023 Approval of Regular Meeting Minutes of June 27, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative The Council meeting minutes are attached. Attachments: 20230627 Special Meeting Packet Pg. 55 8.2.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES June 27, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Susan Paine, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Oscar Antillon, Public Works Director Dave Turley, Administrative Services Director Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm./Culture/Econ. Dev. Dir. Rob English, City Engineer Thom Sullivan, Facilities Manager 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 5t1i Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Nand read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Paine. 4. PRESENTATIONS 2023 FIRST QUARTER FINANCIAL UPDATE Administrative Services Director Dave Turley reviewed: What to expect? o Tonight — first quarter (March 31) financial update o September — mid -year review, finances through June 30 Edmonds City Council Draft Minutes June 27, 2023 Page 1 Packet Pg. 56 8.2.a o October — required presentations reviewing, 1) city revenue sources in general, 2) property taxes in particular o Spring 2024 — recap of 2023 and updating final results for the year • Some items to note this quarter are: o Sales Tax is up $114,851 from this point last year o Gas Utility Tax is up $47,783 o Building Plan Review and Inspection Fees are up $82,333 from this point last year, Building Permits are down $(79,833), and Engineering Fees and Charges are down $(55,549). Development Services revenues overall are down a total of $(65,121) from this point last year o Parks & Recreation Program Fees are up $44,598 from this point last year • Quarter -to -date Sales Tax Revenues for the 3 months ended March 31 $114,851 ahead of last year, and $73,749 under budget • Breakdown by business category of the change in Sales Tax revenue for first Quarter 2023 compared to first Ouarter 2022 • Quarter -to -date Real Estate Excise Tax Revenues for the 3 months ended March 31 is $272,197 behind last year, and $387,714 under budget Annual Sales 1 ax Kevenue for the trst time passes Annual 5ales Tax -Property Tax -EMS Tax -Other Taxes 12,000,000 10,000,000 _ 8,000,000 _ ------------------ 6,000,000 4,000,000 2,000,000 2017 2018 2019 2020 2021 2022 ax Revenue • How much have Edmonds Property Tax Revenues fallen behind inflation over the last 13 years? $20,000,000 $�5.00e.o� ■ � 1 S�a.oan.00n $5.000.000 zoro zmi zmz zwa adze zozs rots zmz zoos zm9 zazo zou zozx zmn ■ Property Tax (If Adjusted for Inflation since 2010) ■ Property Tax (Actual) • How much have Edmonds Property Tax Revenues fallen behind inflation over the last 13 years? Edmonds City Council Draft Minutes June 27, 2023 Page 2 Packet Pg. 57 8.2.a S� 000poo 527.989.669 Mr. Turley explained in 2001, the legislature passed I-747 which limited property tax growth to no more than 1%/year. Property taxes actually increase 0% unless council takes action to request a 1% increase. For 23 years, the growth in property has been very limited. Most counties and larger cities have been affected by this more quickly than Edmonds has. Property taxes are one of the biggest revenues sources for the General Fund. Things the General Fund pays for include police, fire, municipal court, salaries, facilities repair and maintenance, parks, and street maintenance including adding new sidewalks. Larger governments have had to consider what to fund via the General Fund; because things like police and fire cannot be cut, so dedicated funding sources had to be found for services they want to provide like parks and street maintenance. Those dedicated funding sources include park levies and for street maintenance, gas taxes, impact fees, federal and state grants, and car tab fees. Mr. Turley referred to the council's special budget meeting that preceded tonight's meeting, recalling the council's interest in funding more sidewalks. The City is currently funding street maintenance, $425,000 in 2023, from the General Fund. If property tax revenues remain flat, the City will be unable to continue that. Inflation has been 8-10% over the last two years which has driven costs up. When costs increase, the City can either increase revenues or cut services. Later on tonight's agenda the council will be discussing an increase in car tab fees. If the council chooses not to increase car tab fees, it will be necessary to take a hard look at things like sidewalks, pot holes and ways to pay for street maintenance. Mr. Turley referred to comments he has heard that now is not a good time to increase car tab fees due to inflation. He commented if inflation was 0% and staff suggested increasing car tab fees, there would likely be resistance because costs were not increasing. The reality is when costs go up, that is the time for local government to increase revenues. There have also been comments that car tab fees are a regressive tax; he agreed there were not progressive or regressive taxes but somewhere in between. The college student taking public transit who likely has a lower income and doesn't have a car, won't be impacted by the increase in car tab fees; the person with three cars and a boat likely has a higher household income and can pay more for their car tab fees. Car tab fees are somewhat of a compromise, a compromise the council has to look hard at accepting at this point. Councilmember Nand relayed her understanding that 1-747 limits the increase in property tax to 1 %/year and asked whether the actual amount property owners were charged was affected by the increase in land value as assessed by the Snohomish County Auditor. Mr. Turley answered the amount collected does not correlate to assessed value or market values. Over the last 10 years, property values in Edmonds have approximately doubled, but in that time the property tax paid to the City has increased only approximately 7%. Councilmember Nand asked whether someone who lives in a townhouse whose value has doubled in value was paying double in property taxes. Mr. Turley answered some states charge a rate that is a Edmonds City Council Draft Minutes June 27, 2023 Page 3 Packet Pg. 58 8.2.a proportion of the property's value; in that method, if the property value increases, the amount the property owner pays also goes up. In Washington, cities levy a specific amount. Property tax plus EMS tax is approximately $14 million; when the City levies $14 million, that is what the City collects regardless of residents' property values. Washington's levy system is the inverse of states that use a rate system; the amount the City levies is the amount it collects. Councilmember Buckshnis commented the information provided in the report is very dated and quarterly reports have been provided to council throughout the last 13 years. She pointed out property taxes in Edmonds increased a shocking amount this year; she knew it was proportional with regard to the amount the City collects, but she expected to see a blip in property taxes in the June quarterly. Councilmember Buckshnis referred to the investment portfolio, noting in December there was $75,309,000 in the portfolio and $66,702,000 in March. She asked what caused that reduction, whether it was ARPA, payment for goods and services or something else. Mr. Turley said he did not have the full report in front of him, but the City pays a lot of annual expenses such as $1 million for WCIA in January. The monthly report includes a cashflow report that illustrates big spikes when property taxes are paid in the spring and fall. When property taxes comes in, the fund balance is high and it gradually decreases until property taxes come in again which are then slowly spent down. December is high point and March is a low point, especially the first part of the year when a lot of annual expenses are paid. Councilmember Buckshnis recalled staff saying last year that ARPA funds were put into the investment portfolio. Mr. Turley agreed. Councilmember Buckshnis observed the investment portfolio has been around $68 million for a long time and now is down to $66 million. Mr. Turley advised approximately $4 million in ARPA funds have been spent. Councilmember Teitzel referred to retail automotive sales tax March 2023 compared to March 2022, noting that revenue continues to be strong even with supply chain issues in that industry. He assumed the revenue was driven by used car sales and if so, asked whether the revenue was sustainable. Mr. Turley responded he closes his eyes and watches the retail automotive sales tax come in and has not done a deep dive into it. Sales taxes are affected by inflation so when car prices go up due to supply chain issues, sales tax revenue also increases. Councilmember Chen expressed appreciation for the breakdown in sales tax, noting automotive retail sales tax is the strongest. The Economic Development Commission (EDC) has been discussing how changes in the industry such as car sales operating via an internet model instead of a warehouse would change the City's revenue picture in the future. Councilmember Chen commented the quarterly report focused on property tax and how it could have been different if the council had approved an annual 1 % increase. On the flipside, expenses such as wages and benefits have increased over the last 13 years. He referred to the strategic outlook on page 22 of the adopted 2023 budget book, in 2020 wages and benefits were $17,373,000 and are forecast to be $26 million in 2024, approximately a 54% increase. He concluded the rate of increase is outpacing revenue by quite a bit. When thinking about increasing revenues, consideration also needs to be given to managing expenses. Mr. Turley agreed. Based on what's transpired between this report and now, Councilmember Olson asked if budgeted sales tax revenue compared to actual was as expected. Mr. Turley said sales taxes are still doing well. A couple months ago, there was one month when sales taxes were less than same month a year ago, the first time that has occurred in four years. Through May, sales taxes are still doing fine. Councilmember Olson observed there were a couple EDC members in the audience. She referred to the comparison of sales tax sources, noting small retail is down compared to the previous year, not surprising due to the loss of a few key retailers such as Sound Styles, Garden Gate, and C'est La Vie. Even if that is not impactful when Edmonds City Council Draft Minutes June 27, 2023 Page 4 Packet Pg. 59 looking at the big picture financially, she hoped the community was thinking about what that means for the vibe and feel and ability to attract patrons downtown. She hoped if replacements had not already been identified, they were actively being sought. Mr. Turley commented Director Tatum drives that ship, and he gets to looks in the rearview mirror to tell the council whether the City has been. Councilmember Buckshnis referred to the Enterprise Fund Overview, noting between 12/31/22 and 3/31/23, both the storm utility fund and the sewer utility fund increased approximately $4 million, and the water fund only increased $1 million. She asked if that was due to rate increases or funding a project. Mr. Turley answered it would not be the result of a rate increase; a rate increase would not have that much impact that quickly. Without reports and time to research, he did not know the answer. Councilmember Buckshnis offered to email her question to him. 2. HIGHWAY 99 COMMUNITY RENEWAL PLAN Planning & Development Director Susan McLaughlin acknowledged all the previous planning documents and recent conversations reveal the community, elected officials and staff have common goals and want to see positive redevelopment occur on Highway 99 along with infrastructure and community facilities to support a high quality of life for the adjacent neighborhoods. This common goal hasn't changed in two decades in the planning work done by the City. With today's conversation regarding a community renewal plan, she acknowledged and validated the negative connotation that urban renewal has had in the country. The urban renewal of the 50s and 60s led to some of the interstate projects and state highways that are experienced today, demolished housing, and tore through neighborhoods which led to displacement of already vulnerable populations. The restructuring of the community renewal tool of today is basically trying to right the wrongs of the past. The intent is to connect communities that were separated; restructure streets to make more parks, livable spaces, and sidewalks; foster affordable housing; address displacement; and provide housing for those who used to live or continue to live in areas adjacent to Highway 99. The term community renewal can also build parks and community facilities. Ms. McLaughlin reviewed: • Previous Planning Efforts 0 2004 Highway 99 Enhancement Project 0 2004 Highway 99 Enhancement Project Market Assessment 0 2007 Highway 99 Traffic Safety and Circulation Study 0 2015 City of Edmonds Comprehensive plan 0 2014 City of Edmonds Comprehensive Transportation Plan 0 2017 Edmonds Highway 99 Subarea Plan ■ "the Edmonds community expressed a strong desire for a gateway ... a district transition point in and out of Edmonds" - 2017 Highway 99 Subarea Plan ■ Subarea plan led to land use and zoning changes to foster positive redevelopment and provided tools for developers to hopefully expedite and motivate developers to build housing as well as non-residential development along the corridor in keeping with the comprehensive plan as well as the subarea plan. • Development Activity (2017-Present) o Although there has been anecdotal information about how much development has occurred on Highway 99 since the subarea plan was adopted, in fact very little development has occurred. o Subarea plan anticipated and mitigated for 3,325 units over an 18 year period, an average of 185 units/year ■ One development has been constructed in the subarea since 2017 with 192 units or 38 units/year Edmonds City Council Draft Minutes June 27, 2023 Page 5 Packet Pg. 60 8.2.a ■ Including projects under construction increases the number to 53 units/year or 28% of the 185/year that was anticipated ■ Since the 5-year planned action report and subsequent emergency ordinance, there has not been a single development application, and the one there was, has expired Project Address Built/Finaled Issued(#units) Ready to Issue Applied/Design Pre -Application Expired/Withdrawn (# (# units) (# units) Review Stage (# Units) Units) Approved (# units) GRE 23326 Hwy 99 192 Apartments Better 8029238 St 3 Bellevue SW Townhomes Apollo 23601 Hwy 99 255 Apartments Anthology 2120072 Ave 127 Senior Living W Housing Hope 9215236 St 52 SW Terrace Place 2362584 Ave 261 W Behar(Family 72122 00 St 394 Fun Center) SW Total 192 130 307 394 X4 o Subarea plan also envisioned about 2.6 million square feet of new non-residential (uses to support the adjacent neighborhood such as grocery stores, cafes, etc.) ■ To date only approximately 23,000 square feet has been built, 10% of the rate assumed in the subarea plan/year. o Decision package approved in the 2021 budget to prepare a community renewal plan. Intended be a companion document to the subarea plan, recognizing land use and zoning changes alone could not stimulate or catalyze the positive redevelopment that the community was hoping to see and to subsequently fund the needed infrastructure ■ Pandemic and termination of initial consultant contract delayed preparation of plan. Benefits of Community Renewal o Determine if area is can meet CRP criteria as defined in RCW 35.81.015 o Unlocks tools for redevelopment to serve public needs o Catalyze investment in CRP area o Enable the city to take an active role in redevelopment and transformative infrastructure Increased capabilities from communitv renewal Buy, lease, or condemn properties Allowed Allowed Hold, demolish, or improve properties Sell property to a private entity Rezone property Master plan private property Enter into a developer agreement Select a buyer who agrees to further CRA goals Close, vacate, and rearrange streets and sidewalks Borrow money and accept grants to carry out community renewal Aid property owners or tenants affected by the community renewal process Allowed only for public facilities Competitive bidding process Allowed as a Planned Area Not allowed Only though a competitive bidding process Not allowed Allowed for city purposes Not allowed Allowed for those affected by condemnation for public facilities Allowed City can identify preferred partners Allowed as a spot zone regardless of GMA/Comprehensive Plan cycle Allowed City can identify partners to develop all or part of a property. City can specify how the property is to be used. Allowed, with restrictions Allowed to promote economic development Allowed Allowed A Analysis confirms that we are eligible to apply for a CRP (per RCW definition) o Eligibility requirements relevant to Highway 99 context Edmonds City Council Draft Minutes June 27, 2023 Page 6 Packet Pg. 61 8.2.a ■ Physical dilapidation of buildings ■ Unsafe conditions ■ Insufficient access to parks/open space ■ Inadequate street layout ■ Inadequate lot layout ■ Excess surface parking coverage • Interviews & Open Houses o Open houses held on June 30, 2021 and October 20, 2022 o Stakeholder interviews held: ■ May 6 interview/site walk (law enforcement, human services and community leaders) ■ May 26 (Burlington site property owner) ■ June 13 (developer forum) ■ July 7 (community service providers) • Study Area: Issues Summary Extensive paving and lack of tree canopy I High-speed, heavy traffic arterial with few safe pedestrian or vchicle crossings JT e Lack of sidewalks on side streets makes r it hard for on foot, bike, or wheels in �r - _ _ - ` _ - - j', neighborhood to access Hwy 99 services R e.: Shoplifting hot spot r F. 'r Vacant building Motels- domestic violence hot spot 'rw• — i Aging buildings in poor or below -average condition �z _ Burned -out building Large underutilized site Vacant parcels r'�� - I'! -� c Oversized WSPOT-rights-oF-way inhibit mobility and prevent development { • Area Study: Assets Summary e Swift Blue Line station o a s M Multi -family housing Businesses � n rs Service Providers Sound Transit light rall service at Interurban trailI- MountlakeTerracefreeway station Parks Ballinger Park (In Mountlake Terrace} Culturally-relevant6usiness -prof and nonit servioe ............ y - providersthroughoutcarridor A. community garden - City Hall NeighborhoodOffice Full -service grocery &lively shopping plaz- Swift BRT stqKons Mathay-Balli gerPark Bus transit hub tAuro a - Transitcenter in creline — Businesses gene to tax revenue for public se 'ces Edmonds City Council Draft Minutes June 27, 2023 Page 7 Packet Pg. 62 al C tv tv fC d Q N Ii N W O M N O N C 0 t U M r+ Q 8.2.a Structural Issues o Highway 99 cut through existing neighborhoods, creating a barrier between the Lake Ballinger neighborhood and the rest of Edmonds. Several irregularly shaped lots were created. These lots have been difficult to develop due to their odd shape. 0 Construction of the Highway 99/SR-104 interchange makes access to Burlington Coat Factory site difficult. Access remains an impediment to redevelopment of the site. rWattaptary � , s. F c. 1964 c. 1974 c.1978 Prior to the construction of Interchange under Interchange Complete the interchange construction • Access cutoff between 8411 Ave W and Access to SR-104 direct from Highway Several businesses and residences 242"" St SW 99 displaced Interchange complicates access for • 84— Ave W connected to 242"" St SW Burlington site Inadequate Street Layout o Highway 99/SR-104 interchange ■ Oversized for existing traffic volumes ■ Occupies a large amount of land ■ Creates unusable dead zones ■ Impedes walkability ■ Complicates vehicle access to nearby parcels ■ Design encourages fast traffic and limits visibility where people cross Site Design Safety Challenges o Physical barriers and poor sight lines create "dead zones", especially between and behind buildings. o "Crime prevention through environmental design" (CPTED) is a program to reduce criminal activity by designing buildings and areas around buildings in a way that deters crime. o CPTED guidance says to avoid: ■ Poorly defined spaces ■ Places with poor sight lines, ■ Places with little or no walking traffic Physical Dilapidation, Deterioration, or Obsolescence o Many existing buildings are more than 50 years old o Cluster of building in "below normal condition" Edmonds City Council Draft Minutes June 27, 2023 Page 8 Packet Pg. 63 8.2.a • Pedestrian infrastructure needs LEI ]ilgh speed aNe�al It ExlsliN'..walk Nocros Ik Mss�ng sidewalk ••--. Sidewalkwkhfrequ t...b Ms • Implementation Strategies o Adopt Community Renewal Area o Explore Tax Increment Financing as an option to address infrastructure needs o Foster public -private partnerships o Pursue Reconnecting Communities Grant o Continue to invest in parks and transportation per the PROS Plan and the Highway 99 Subarea Plan • Basic TIF (Tax Increment Financing) Model o Generally, TIF captures property taxes generated from the increased assessed valuation on the site that results from private development following infrastructure investment Basic TIF7'dei EJ s New Tax Base Incremental Taxes m Revenues x fl ow Revenues from REGULAR property taxes assessed 2 Existing Tax Base to normal against the Increment Value only, are captured: Revenues continue to flow to taxing ✓To pay "public Improvement costs" Q normal taxing bodies bodies ✓ To repay bonds issued for "public improvements" Statutory life of TIF district • Overview of Tax Increment Financing o Eligible infrastructure improvements owned by a local government within or outside of and serving the increment area that include: o Street and road construction; o Water and sewer system construction and improvements; o Sidewalk and other non -motorized transportation improvement and streetlights; o Parking, terminal and dock facilities; o Park and ride facilities or other transit facilities; o Park and community facilities and recreation areas; o Stormwater and drainage management systems; o Electric, broadband, or rail services; o Mitigation of brownfields; • Recommended CRP Projects o Public -private redevelopment Edmonds City Council Draft Minutes June 27, 2023 Page 9 Packet Pg. 64 8.2.a o Access improvements near interchange o Through block connections o Neighborhood park o Complete Streets o Business revitalization o Interchange replacement Next Steps to advance CRP o Share case studies (Olympia, Tukwila) o Planning board recommendation o Pass a resolution to support the designation of Edmonds as a Community Renewal Agency o Host a public hearing on proposed plan o Adopt plan Ms. McLaughlin summarized the CRP does not obligate the City to anything. It is a tool that fosters public -private partnerships. The CRP does not have to be coupled with the property acquisition but it would be advantageous especially with the TIF financing tool. Councilmember Nand said she was unreservedly in favor of public -private partnerships, reconnecting the community pilot plan and utilizing the Highway 99 subarea EIS. One of her reservations about designating Highway 99 as a CRA is declaring the entire corridor blighted; that was shocking to her considering that Highway 99 generates more sales tax revenue than any other business district in the City. She cited Detroit as an example of blight where people do not have access to running water on their property. She asked why it would be appropriate for the council to pass a resolution issuing findings of blight for the entire corridor at a time when the City is conducting outreach to a community that has traditionally felt underserved. Ms. McLaughlin referred to the list of corridor assets, agreeing the corridor provides very positive tax revenue for the City. The analysis conducted to determine if the City was eligible to apply for a CRP, it did not qualify due to failing businesses. There are case studies that it met the findings due to the amount of resourcing some areas took such as police and planning and it did not provide the revenue to sustain ongoing efforts over decades. This is completely different; Highway 99 is the result of an infrastructure project that occurred decades ago that amazingly businesses and residents have thrived in spite of. That is the reason the City met the criteria, insufficient street layout, skewed parcels, terrible access, lack of walkability, etc. It is not a reflection on the success of the businesses along Highway 99. Councilmember Nand questioned what additional powers would be needed under the CRP that the City would not already have available under the subarea EIS. She found some of the powers under the CRP potentially alarming, such as the ability to condemn property for public use and exercise eminent domain. If the City is trying to build bridges to this community that has traditionally felt underserved, why would the City want to add tools that property owners could consider potentially threatening. Ms. McLaughlin agreed the concept of condemning property was threating; the City's list of projects have nothing to do with condemning properties. The City wants to engage in public -private partnerships and to engage with specific developers to build needed community facilities. Under the City's normal powers, the most competitive bidder must be selected to offer things the community wants such as a community center, library, etc. It would also allow the City to master plan beyond the Burlington Coat Factory parcels, critical when thinking about access, skewed parcels, etc. Just because the CRP provides tools does not mean the City would have any interest in using them. The CRP does not reference condemning properties. Councilmember Buckshnis commented she was unable to open the CRP provided by staff. She expressed concern with how quickly this was coming forward. The presentation indicates stakeholder interviews were completed in one month last year and asked if staff intended to update that outreach. Ms. Edmonds City Council Draft Minutes June 27, 2023 Page 10 Packet Pg. 65 8.2.a McLaughlin advised in reviewing the interview notes, they are all very relevant to today's conversation. Councilmember Buckshnis did not believe 3 developers represented all of Highway 99 or that 3 community service providers represented all of Highway 99. She echoed Councilmember Nand's concerns, this is a good start, but it should be vetted through the Economic Development Commission (EDC), there should be updated open houses, etc., to ensure people understand what it means to say Highway 99 is blighted. The intent is to reach out to people on Highway 99 and help them, not discourage them by classifying their area as blighted. She recommended going through the plan very carefully as there was not enough information from 2023 for her to understand what citizens want. Councilmember Buckshnis said she could provide numerous examples where TIF has been disastrous because it was not transparent and the City selected the developer. If this was done in 2022, she questioned why the EDC and planning board were not involved before dropping this on council. Ms. McLaughlin said she has been to the planning board three times, twice for an overview, and once to review the draft plan. She has also been at council a few times as part of the development work plan, noting this as a key project. With all the work that has been done related to Highway 99 such as the emergency ordinance and speaking to developers, the relevant issues remain and the needs have been the same for the past couple decades such as lack of parks, lack of street connections, etc. Councilmember Buckshnis said she did not disagree and change takes time. She was still looking for the SEIS that the council requested last year and there has been no comprehensive plan review regarding this area. She did not recall Ms. McLaughlin talking to council about the CRP, recalling in last year's budget there was reference to economic enhancement. She recommended sending this back to the EDC and the planning board so they can vet it more closely to what's happening today. Councilmember Olson commented she typically attends public meeting seeking input; she vaguely remembered a public meeting about community renewal on Highway 99, but she did not know anything about the CRP until a couple weeks ago. To the extent that was on her, she apologized. Although staff is saying the CRP does not have to be approved with the parcel, they are being proposed to council together and she wished they weren't. She preferred to deeply vet the CRP, possibly with the advice of the EDC and planning board and input from citizens. She felt it was great the City was thinking big and she urged the council and community not to get hung up on a word that has personal connotations and a history that was upsetting and emotion and let that get in the way of using the legal or statutory definition to the City's advantage and the advantage of that area. She preferred to evaluate the concept and determine if it was a tool the City wanted to use. She referred to the CRP and a property acquisition that might fall under that umbrella, and asked about pros and cons of approaching them together. If the council likes the idea of CRP and likes part of the parcel, what are the options around those approaches. Ms. McLaughlin explained when the decision package was adopted in 2021, it was only $60,000. The CRP included a fair amount outreach and it lasted a long time and when that happens, consultant dollars go quickly. The consultant contract has ended. There is no rush per se, this is a council decision. It is advantageous to couple them because if council pursues an option to purchase, there will be six risk free months to start engaging with the community about what they want on that site. Sometimes it's difficult to do that without a broader view of the entire area. That is not even a driving reason; if in 18 months the council acquires the property, it will be critical to have a CRP designation to drive what happens on the site. The ability to master plan beyond the boundaries of the site and the ability to self-select a developer for specific land uses are the most compelling reasons. The issue of displacement will be a focus of the comprehensive plan and the SEIS that will be rolled into the comprehensive plan scope which will be presented to council on July 5. Under community renewal, the City has additional powers to aid with displacement. Edmonds City Council Draft Minutes June 27, 2023 Page 11 Packet Pg. 66 8.2.a Councilmember Olson referred to staff bandwidths, noting this is a huge projects, and there are other huge projects the council has not seen the progress they were hoping to see such as the code rewrite for example. She was concerned with taking on more than staff could handle. Ms. McLaughlin answered the reason resource constraints worry her is because a great job has been done compiling the plan and she wouldn't be worried about resourcing if a council decision could be made soon. If this drags on longer, alongside all the other plans such as the comprehensive plan and the code modernization, that would cause her concern. Staff will be presenting a code modernization work plan; staff is actively working on minor and major code amendments and she anticipated the full breadth of code modernization work would not happen until the comprehensive plan policies were more clear in 2024 and then do a complete overhaul once some of the major code work was completed. Councilmember Olson commented this would be a huge, ongoing project. Ms. McLaughlin agreed, the first decision is whether to pursue a community renewal area designation which would make the City a community renewal agency which presents questions related to resourcing. Councilmember Olson asked if those questions would be answered tonight or if the answers were not yet available. Ms. McLaughlin responded the specific answers to those questions were not yet available. Even if the City is designated a community renewal agency, the resource question will be related to staffing the projects under that agency. Councilmember Chen recalled in early 2022 he was invited to tour the Burlington Coat Factory and he asked some follow up questions that staff was not ready to respond to at that time. In general, blight is a sensitive term, he loves the people who work and do business in that area, they are just as great, smart and hardworking as anyone else. The reality is that it is a high crime area, there are a lot of problems that require attention including an unsolved 7-Eleven murder, and the Safeway store sometimes only has one checkout lane because there is so much theft. He questioned why the City would not use these tools to renew the area. He referred to TIF which basically is issuing bonds based on the projected assessed value increase which is just an imagination. If the City issues bonds, it incurs interest costs and puts that expense on the shoulders of future generations. When it comes to finances, he is very conservative and did not want to spend money the City did not have. He wanted to understand how much would be issued, the projected assessed value increase, and whether the increase was a reasonable prediction. Councilmember Chen continued, he liked the concept in general, having another tool to help develop this area. That area and going toward the Lake Ballinger area has been in decline for the last 15-16 years and in the last couple years there have been a couple murders, car thefts, and other problems and deteriorations. He welcomed having another tool to help enhance that area, but wanted to approach the finances very cautiously. He spoke in favor of adopting the CRP, but separating it from the property acquisition. The property acquisition needs to be based on the community's needs before spending $37 million to purchase it and let it sit. Council President Tibbott commented the timing of when properties become available and ready for redevelopment is usually not sequential. A good example is what is happening along the light trail in Lynnwood. Things rarely happen linearly and calmly in community development. He participated in the last Highway 99 study and has also consulted with people who worked on the previous Highway 99 study; the City has been considering this for decades. Council has had exposure to the TIP, multimodal transportation ideas, etc. going back decades. Things are happening now and for whatever reason, they are happening simultaneously. He has personally been waiting a long time to see progress in that area and has wondered why things haven't happened. He appreciated staff s explanation regarding infrastructure such as the cloverleaf, the highway, narrow sidewalks and poor lighting that gave preference to the highway instead of the neighborhoods. This is the largest community redevelopment project in the history of the City and it is time to roll up our sleeves and get busy utilizing these tools. Edmonds City Council Draft Minutes June 27, 2023 Page 12 Packet Pg. 67 8.2.a With regard to the CRP, Council President Tibbott asked what the rollout looked like for next 6-12 months, and the timing for the council and the community. Ms. McLaughlin agreed with Councilmember Chen and others that coupling these together almost feels overwhelming, but it doesn't have to happen on the same day. The most important thing is for council to focus on the option to purchase with clear sight and judgment. If that happens, staff will lift a community design session/community conversation around that site. Community renewal can occur as part of that six month conversation, it does not have to be done right away. She did not feel urgency now, but if the six month mark passes without a decision, she would start to get nervous. She was confident a CRP would provide access to the right tools coupled with TIF. She recognized these are huge concepts, the largest redevelopment project the City has seen, and she agreed with taking it one step at a time. Council President Tibbott referred to the list of next steps to advance the CRP and asked if adopting a plan could happen in 18 months. Ms. McLaughlin agreed there was no timeline. Council President Tibbott commented the council had time to wrap their head around the renewal options, it did not need to be condensed into the next 3-4 months. Ms. McLaughlin agreed. Councilmember Teitzel referred to TIF, relaying his understanding it was a new concept in Washington, but it has been used elsewhere in the country. It is a concept that bases bond funding on projections of future revenue. Ms. McLaughlin agreed. Councilmember Teitzel pointed out if that projection of future revenue did not happen, then the General Fund picked up the tab. Similar to Councilmember Chen, he was risk adverse in that way. He asked where this had been used, where it hasn't turned out well, and what the City could learn from that to not repeat the same mistakes. Ms. McLaughlin answered although staff has been looking into TIF as it has become relevant to the conversation with the property acquisition, she was unable to answer Councilmember Teitzel's question regarding a city that had lost money on the projection. A two-phase analysis is required; the first phase identifies areas that may be eligible or beneficial for TIF, it is important to get those boundaries right and have the level of confidence to manage the risk. The second phase would be revenue projections, not a perfect science, but there is a high level of confidence this property will redevelop whether it is by the City or another developer which makes the risk fairly low. She recalled looking at a case study where there was no active development, they were hoping to put in infrastructure to catalyze redevelopment, and it was necessary to wait it out. A city has 25 years to pay back the bond so there is time to wait for redevelopment to occur. If the City pursued the TIF model specifically for redevelopment of the Burlington Coat Factory property, Councilmember Nand asked whether the City be tied to public -private partnerships. She lives within walking distance of the Burlington Coat Factory property, grew up going to Burlington Coat Factory, and her neighbors have been incredibly excited since the City announced the potential acquisition and have tons of ideas. Due to the dearth of public venue space on Highway 99, she is hearing about the need for a child -friendly sculpture garden, a community resource center, a stage for public performances, etc. She asked if the City would be penalized via TIF if this space never yielded a boost in sales tax for the City. This is a great opportunity to serve a community that has not been served the way it should be, particularly with the amount of tax revenue they contribute to the City. Ms. McLaughlin said the development potential on that 10.5 acres is very significant. From a massing perspective, there could be community facilities that do not yield tax revenue, but there could also be tax generating businesses and land uses that would hopefully through the TIF analysis meet the revenue projections to build the infrastructure. Councilmember Nand complimented Parks, Planning & Development and Community/Culture/Economic Development staff who have been working on this for years. She echoed other councilmembers' comments that the property acquisition should be decoupled from consideration of more controversial moves on the Highway 99 corridor, especially under the community renewal plan because the acquisition is such an unmitigated positive for the community. She preferred to discuss the potential acquisition Edmonds City Council Draft Minutes June 27, 2023 Page 13 Packet Pg. 68 8.2.a separately before making a determination regarding a finding of blight or saying 50-year old buildings were dilapidated and potentially needed to be condemned. She pointed out the blight justification derives from the idea that this was a net negative for the community in the 1950s and 1960s when highways were built. However, from a civil rights perspective, they connected communities of color to urban centers with high paying jobs which Highway 99, especially with transit, still does. It provides the opportunity for economic growth to immigrant communities and entrepreneurship, something that needs to be highlighted when discussing the effect that the highway had on that area. Councilmember Buckshnis advised she sent a recent example from the Office of Treasury about the City of Chelan's TIF. She recommended being extremely contentious about TIF especially if it is non -revenue. She agreed private -public partnerships would be great but it was important to define the TIF area and the financing. She agreed with keeping the two separated. 5. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO MOVE ITEM 9.5, ADOPTING LEGISLATIVE BLAKE FIX, TO 9.1 AND RENUMBER THE REMAINDER. AMENDMENT CARRIED UNANIMOUSLY. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for audience comments. Joan Longstaff, Edmonds, commented on the privilege Edmonds residents have to work collaboratively with the City. She almost opened an office in Magnolia in Seattle in 1980 and in meeting recently with CEOs in the Downtown Business Association and top real estate agents in Seattle, they indicated they do not have that same opportunity. She encouraged citizens to understand the privilege and responsibility they have to speak to the council. She thanked the participants in the mayoral debate, commenting she was very impressed with each of the candidates and how respectful they were of each other. She also recognized Teresa Wippel, My Edmonds News, who moderated the event. She thanked the City for the inclusive playground at Civic Park Playfields, advising her brother was in a wheelchair as a result of a traumatic brain injury. She was interested in the Highway 99 corridor, recalling when she opened her real estate brokerage and was a property owner, there were only a handful of downtown business property owners. Edmonds is often thought of as only the downtown bowl; as Chamber president she tried to foster the idea that Edmonds was composed of several areas. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 3. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Draft Minutes June 27, 2023 Page 14 Packet Pg. 69 8.2.a 1. APPROVAL OF COUNCIL COMMITTEE MINUTES 2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 12, 2023 3. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 14, 2023 4. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 20, 2023 5. APPROVAL OF CLAIM CHECKS 6. SUPPLEMENTAL LOCAL AGENCY CONSULTANT AGREEMENT WITH WSP FOR HIGHWAY 99 STAGE 2 7. SUPPLEMENTAL AGREEMENT WITH SCJ FOR HIGHWAY 99 STAGE 2 8. RESOLUTION ESTABLISHING EXPECTATIONS OF EXPENDITURES RELATED TO THE IMPLEMENTATION OF THE MOU 9. COUNCIL BUSINESS 1. ADOPTING LEGISLATIVE BLAKE FIX Police Chief Michelle Bennett explained with the Blake bill, constitutionally it was not enough to just be in possession of a narcotic material for someone to be charged with possession. The laws were changed to require law enforcement give two warnings prior to making an arrest for drug possession. As a result, for the last two years, it has been difficult for law enforcement to make drug arrests because there is no database that records when someone has a drug arrest in another city. A person could easily have received two warnings, but law enforcement would never know it was their third time and could make an arrest. During the last legislative session, the correlation between drug use and retail thefts, increased crime rates, increased fentanyl overdoses, etc. was clarified and the legislature addressed the issue via the Blake fix. Chief Bennett continued, the legislature held a special session in May to address issues with the Blake bill and through a lot of work done by various entities including the Washington State Police Chiefs and Sheriff's Coalition, community members, and government officials, a compromise was struck to encourage people to seek treatment versus an arrestable offense, but also to again made possession of drugs a misdemeanor or gross misdemeanor. The proposed ordinance simply adopts the language in the state law. The state law states July 1 as the effective date; however, the legislation in the RCW that required two referrals prior to arrest has a 90 day clause which will not be repealed until August 14. For all intents and purposes the police department is not able to bypass the requirement for two warnings until the expiration, August 14. Councilmember Nand asked Chief Bennett to clarify for the public's edification, whether once the Blake fix was in place at the county, state and local level, would it lead to people detoxing in holding facilities like jail or would there still be diversion and robust community court available in the City of Edmonds and throughout Snohomish County. Chief Bennett answered it would not negate those options, in fact, the legislation encourages those to continue. Each community/city has a variety of ways deal with such things as community court, pretrial diversion, etc. This legislation encourages treatment and rehabilitation. Councilmember Nand commented unfortunately with the way the system is set up, this is often the easiest way to get someone into treatment versus a voluntary admit through a detox facility due to a lack of available beds. Councilmember Nand continued, expressing the hope that one day society will shift to see this as a health problem versus criminal activity although she was aware there was associated criminal activity. Until then, this is the best that can be done. Chief Bennett commented the best time to address someone's drug use or to have a chance for someone to see the need to get better is the first time not the third time. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ADOPTION OF THE ORDINANCE IN THE PACKET. Edmonds City Council Draft Minutes June 27, 2023 Page 15 Packet Pg. 70 8.2.a Councilmember Chen commented this ordinance is timely and fills the gap. When the issue arose with the Blake decision, the legislature heard the concerns and came with this fix. Now, with the adoption of this ordinance, the City can address the gap. Council President Tibbott asked for confirmation that the city attorney reviewed the ordinance, that it met the City's standards, and that the council should approve it. City Attorney Jeff Taraday advised his office drafted the ordinance, he modified the effective date clause and he had no concerns with the ordinance. MOTION CARRIED UNANIMOUSLY. Mayor Nelson declared a brief recess. 2. HIGHWAY 99 LANDMARK SITE Parks, Recreation & Human Services Director Angie Feser advised this item is council consideration of the proposed option agreement for what is known as the Highway 99 Landmark property. The agreement will enable the City to investigate the opportunity for development while the property is held off the market. No purchase decision will be made until information is gathered and brought to council at a much, much later date, as long as 18 months from now. She reviewed: • Property information o Address: 24111 Highway 99 o Size 10.06 acres o Tax lots: 11 o Zoned: GC - General Commercial o Purchase Price: $37 million (preliminarily agreed to by the land owner and City representative as a starting point) o Highlights ■ One owner, willing to sell, interest in property having some civic use ■ No significant critical areas ■ Utilities in streets north and south ■ Close proximity to public and non -motorized transportation including Bus Rapid Transit, Interurban Trail Corridor, and light rail station in MLT ■ Burlington Coat Factory lease (January 2029) ■ Community driven development o Due diligence ■ City has been in conversation with land owner for a couple years ■ Completed a zoning memo that identified the highest and best use yields of the property and mixed use development that could be constructed on the site ■ Conducted an appraisal and appraisal review ■ Preliminary conversations with potential partners for development of the site Property potential o Massing study Edmonds City Council Draft Minutes June 27, 2023 Page 16 Packet Pg. 71 8.2.a 9 4 o Community visioning process ■ Master planning the site and possibly surrounding area o Council goals o Planning documents ■ Subarea plan ■ Comprehensive plan ■ PROS Plan o Opportunity for public -private partnerships o Discussions occurring in the public regarding options for site ■ Community space ■ Public safety ■ Housing ■ Share Parks & Recreation facilities ■ Civic spaces ■ Community services ■ Commercial ■ Opportunity for reinvestment/revitalization and potential catalyst for Highway 99 development, creating a landmark and gateway into the community Option Agreement o Components ■ Agreement ■ Purchase Agreement — Material Terms (Exhibit B) ■ $100,000 Option Payment Phase Timeline Action Details Activities 1 6 months Exercise of Council decision Community visioning Option $100,000 refundable Due diligence • Purchase agreement Funding options finalized partnerships 2 12 months Agreement Council decision Master Planning/Community Addendum Enacts the Purchase Engagement Agreement (Exhibit B) Due diligence • Earnest Money Deposit Funding options $1 M Partnerships 3 6 months Closing Council decision Purchase executed • Next Steps 1. Council consideration of option agreement 2. Project integration and implementation — how do we get all of the pieces done? Edmonds City Council Draft Minutes June 27, 2023 Page 17 Packet Pg. 72 8.2.a Community/Culture/Economic Development Director Todd Tatum commented this option is an incredible opportunity that provides the City six months of low risk time to coordinate, collaborate and ensure everyone is moving in understanding together and he hoped the council would approve option. He referred to the timeline in the packet that identifies five tasks: • Project management o Contracting plan o Communications plan o Team establishment • Develop a purchase and sale agreement o Negotiate PSA details o Title report o Geotech investigation o Environmental review • Master plan o Contracting o Establish program elements of the site o Conceptual design o Schematic design • Developing financing options o Prepare Tax Increment Finance (TIF) strategy o Bonds o Public/private options • Implementation Planning (2024 and beyond o Ongoing project management o Public/private structure o Team funding ad budget amendments Mr. Tatum continued, there is a lot to examine, manage and integrate, particularly with regard to financing. The function of project management is to plan, execute, monitor and control projects so they meet objectives and effectively manage change. That is a big lift that will have a big impact on staff and council. Making informed, timely and mutual decision is critical to the success of this effort as is clear, thorough communication with residents. A project team and structure is being formed so staff and council have clarity about how the elements of this effort will come together and how to reach timely and informed decisions. One of the first steps is to create a steering committee which would include the council president and another councilmember as plans for community outreach, stakeholder engagement, budgeting and timeline are solidified. Staff is excited to continue the work that brought this opportunity to council and look forward to working with the council and the community. Councilmember Teitzel applauded staff for thinking big, noted this is an exciting prospect. Having said that, he wanted to be clear-eyed, this is a big deal for the City and he wanted to ensure taxpayers would not be overburdened. It appeared the way the option agreement was written, the City would be buying the entire 10 acre parcel. He asked if the property owner would be willing to break up the parcels and the City purchase only 1-2 parcels for park space, a community center, etc. Ms. Feser answered the project began with the City approaching the landowner about the three acres on the eastern half of the property which are undeveloped open space at this time. The City decided not to move forward on just that parcel and it turned into a conversation about purchasing all the parcels. In her conversations with the property owner, she believed he wanted to sell all of the parcels as a unit and has expressed a desire to sell the property by late 2025/2026. City Attorney Jeff Taraday said the core terms of the purchase and sale agreement attached to the option agreement make it so the City can assign part or all of its interest in the purchase and sale agreement Edmonds City Council Draft Minutes June 27, 2023 Page 18 Packet Pg. 73 8.2.a without prior written consent of seller. The only limitation is at least 75% of acreage has to be used for public purposes. The City could assign any acreage of the site to other public entities who want to use the site for public purchases and could also assign up to 25% of the property for for -profit development. He summarized the City would not have to take on the entirety of the site. Councilmember Teitzel relayed his understanding if the City purchased the property, 75% of the 10 acres would need to be assigned to public purposes which would not be revenue generating for the City, only 25% would be revenue generating. Mr. Taraday answered it may be correct, but it may depend on whether a public purpose could occur while the property was owned by a taxable entity; those two things are not always hand -in -hand although they often are. He could conceive of a hypothetical where the property remains in a taxable state and is still used for public purposes. Councilmember Teitzel relayed his understanding the $37 million was a starting point for negotiations. Ms. Feser answered that is the currently agreed upon purchase price. Councilmember Teitzel asked why that number would change. Ms. Feser answered if something was discovered during due diligence that drove down the purchase price, the City could approach the land owner to negotiate the price. At this point in time, the purchase price is $37 million from now until the closing in two years. Mr. Taraday clarified during the six months while the purchase and sale agreement is being formalizing, anything could happen. Once the purchase and sale agreement is solidified, the property owner would not be able to increase the price and would be locked in at $37 million. As Ms. Feser stated, if during the course of the City's due diligence something was discovered that made the property not worth $37 million, the deal would not have to close. Councilmember Nand thanked staff who have involved in bringing this incredible opportunity to the community. She asked if the land owner could get more than $37 million for the property if it were put on the market. Ms. Feser answered that was speculating real estate and it would be difficult to say. Councilmember Nand asked if the relationship with the land owner would be jeopardized if the council did not approve the option agreement tonight. Ms. Feser answered it did not need to be approved tonight. If the option to purchase was not executed with the land owner, it would eventually jeopardize communication and negotiations with the property owner. Councilmember Nand asked if 75% were designated toward public uses, did staff anticipate the City would be able to easily find grant partners to finance the property purchase. Mr. Tatum answered there are a number of grants available to help fund the purchase and development of this property. Public purposes can vary so without a specific public purpose in mind, he could not identify a specific grant. The goal/intent over the next several months is to explore those public purposes and levels of public/private partnership to make this a make feasible project. Councilmember Nand referenced discussions regarding the Unocal property and asked if staff anticipated looping in the state and county legislative delegations. Mr. Tatum answered one of the first steps will be contacting state and federal representatives; that conversation needs to start early and continue as there are number of things on which their help and support will be needed. Councilmember Nand asked if staff anticipated reaching out to neighboring cities about potential interlocal agreements. Mr. Tatum answered staff has discussed that and there has been outreach to other municipalities, exploring uses and programming on the site. Councilmember Nand asked if staff anticipated getting buy -in from the Edmonds School District or Sno-Isle Libraries for usage of the property. Mr. Tatum said he could not speak to that at this point. Councilmember Buckshnis referred to the indication in the presentation that an appraisal was conducted and asked why it was not included in the packet and what the appraised amount was. Ms. Feser said she would be happy to share the appraisal and amounts in executive session. Councilmember Buckshnis Edmonds City Council Draft Minutes June 27, 2023 Page 19 Packet Pg. 74 8.2.a asked about the estimated cash flow from the Burlington Coat Factory and other businesses, noting the appraisal must have included cash flow. Ms. Feser suggested discussing details of the appraisal in executive session. Councilmember Buckshnis hoped an executive session would be scheduled. Councilmember Buckshnis asked how the 75/25 split was determined and why not a 50/50 split. Mr. Taraday answered he did not have a lot of detail on it except that it was his general understanding the property owner would not have accepted a 50150 split. Councilmember Buckshnis asked if cottage housing or affordable housing would be considered a public purpose. Mr. Taraday answered it is an interesting question whether affordable housing would be considered a public purpose. That is a detail that will be worked out when negotiating the purchase and sale agreement. Market rate housing would not be a public purpose. To the extent that any portion of the site was used for market rate housing, it would need to be limited to 25% of the acreage. Councilmember Buckshnis observed only 25% or approximately 2.5 acres could be revenue generating like a store. Mr. Taraday answered affordable housing is revenue generating. He suggested Councilmember Buckshnis clarify what she mean by revenue generating. Councilmember Buckshnis commented most of Highway 99 is revenue generating for the City such as car dealerships, restaurants, stores, international district, hospital, etc. Mr. Taraday clarified she meant sales tax generating which would need to be limited to 25%. Councilmember Buckshnis found this exciting, but wanted to drill down on the numbers. The timeline in the packet does not have enough council touchpoints and is very aggressive with regard to TIF. She hoped to have a clearer understanding as this moved through the process. Councilmember Olson relayed her understanding TIF could not be used for 75% of the purchase as TIF is based on projected future revenue. Ms. McLaughlin answered property tax revenue primarily. Mr. Tatum said it is based on the tax increment area. Ms. McLaughlin pointed out the City may purchase the property but may not be the resultant land owner at the end of the process. If the City engages in a public -private partnership, it may be more advantageous for the City not to own the land and negotiate via a development agreement to have public facilities on the site. Mr. Taraday it has not been fully evaluated whether a nonprofit that owned a portion of the site and operated affordable housing on the site would be exempt or subject to property tax. If the nonprofit -owned portion was subject to property tax, then TIF would still potentially apply to that acreage. That is still being evaluated and something the City will need to be sure about before financing anything with TIF. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO TALK ABOUT THE HIGHWAY 99 LANDMARK SITE AS AN OPPORTUNITY TO VET ITS ACQUISITION VERSUS A PLAN TO ACQUIRE IT. Councilmember Olson agreed the council needed to go through this public process and talk about all the possible opportunities because there is risk involved in a huge capital investment and a huge investment of time and staff effort. The City will need to figure out whether all the things being planned are worth all the other things. She was concerned there was already discussion about the City planning to buy the property. She agreed the six month window was pretty low risk, basically losing the interest opportunity on the $100,000 for six months and staff and consultant time. Her biggest concern was just assuming the council will make this happen because it may not be worth the capital investment, the risk and the time when all is said and done and that will not be known until there is a plan for the site. Her pie in the sky vision is to have arena sports and partner with the Boys & Girls Club and the City where there is nighttime and weekend use by the community like at the Edmonds Waterfront Center. Arena sports is a great revenue generator, there is a need for an indoor sports arena in south Snohomish County, and it is a great location close to major arterials. There is great potential and she was excited about looking into it, but the council needs to know about opportunities on the site before they know if it is worth pursuing. She Edmonds City Council Draft Minutes June 27, 2023 Page 20 Packet Pg. 75 was concerned with setting the community up for disappointment if after vetting, it is not the best use of the City's time, money and effort. Council President Tibbott asked if that language changed the option agreement, noting it seemed like semantics. Ms. Feser asked if Councilmember Olson wanted to change components of the option to purchase. Councilmember Olson said she did not see anything in the option agreement that said otherwise, it is not binding, and either party can walk away after six months. Her concern was related to what she heard at the media launch announcement as well as conversations in the media and comment threads. Councilmember Chen thanked the three directors for their efforts and the time they have devoted to this project. He lives in that area and was very excited about the possibility, but wanted to emphasize City government was not in the business of buying, selling, and flipping land. Councilmember Olson raised a point of order, requesting councilmembers speak to the motion. Mayor Nelson ruled point taken. Councilmember Nand commented the motion was putting the cart in front of the horse and it seemed like a more appropriate process to pursue through the steering committee that would be chaired by the council president. At that point it would be appropriate if Councilmember Olson or other councilmember wanted to go through a public process to determine whether to acquire the property or not. She preferred to execute the option agreement tonight or as soon as possible to protect and preserve this incredible opportunity for the community. She did not support the motion. Councilmember Chen said he did not support the motion. Councilmember Teitzel commented the motion was well intended, however, the option agreement as written allows flexibility to vet the purchase without risk. The option agreement accomplishes what the motion proposes so he will vote against the motion.. Councilmember Olson commented the motion may have been misunderstood; her thought was for the council to have a meeting of the minds and agreement that the council should be careful about how they speak about the purchase and be sensitive to the community's expectations if the purchase is discussed as a plan versus a vetting process. UPON ROLL CALL, MOTION FAILED (1-5), COUNCILMEMBER OLSON VOTING YES; COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS, OLSON AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. Councilmember Chen commented the City is not in the real estate business. This area of the City needs a lot of improvements, but the City needs to determine what the community needs before purchasing 10 acres of land. The area needs a police substation and community center. The City needs to do the necessary outreach and buy land that fits the needs, not just buy 10 acres and try to flip the land. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REJECT THE PURCHASE OPTION AGREEMENT WHILE WE DO FURTHER EXPLORATION. Councilmember Chen reiterated the City needs to understand the community's needs first and based on those needs, determine how much land is needed. This is not the only property on Highway 99; there are other properties for sale on Highway 99, in Five Corners, etc. He noted $37 million is significantly higher than the assessed value and he agreed council needed to look at the appraisal. It will take the taxpayers a Edmonds City Council Draft Minutes June 27, 2023 Page 21 Packet Pg. 76 8.2.a long time to pay off $37 million and based on the 75/25% assignment, he feared the City may end up in a big hole. Mayor Nelson commented there is a lot of rushing to judgment, noting it is an 18 month process. Councilmember Nand spoke against the motion, stating it is putting the cart in front of the horse. She did not support devoting any staff resources or engaging the community on potential uses for the property without an option agreement to protect the City's right to purchase. It would be cruel and foolhardy to get the Highway 99 community's hopes up that they could have a community center and other wonderful uses without the protection of an option agreement and have a developer outbid the City. The conversation has already started in the community and the public is excited. Their enthusiasm, ideas and engagement needs to be respected by the City dotting it's I's and crossing it's T's via having an option agreement in place before beginning to discuss potential uses of the property. Councilmember Buckshnis expressed concern with how this was rolled out, noting it was an ethics issue but the City does not have a good code of conduct. The council should have held an executive session to talk about the appraisal and look at the numbers so everyone is informed instead of just running on blind faith. A lot of people are excited, it is a great concept but it's like throwing 50 million snowballs at once. This was not in the CIP/CFP, a huge consideration that was troublesome to her. At one point in time there was discussion about 3 acres and now suddenly it was 10 acres and the cost was $37 million which was a lot of money. She has seen TIFs fail terribly and developers make a lot of money because of insufficient code. There is hope and she will support the option even though she did not like how it was rolled out. She hoped to have an executive session to talk about this freely and not be blindsided regarding what's going on. She did not support the motion. Councilmember Olson said what got her attention tonight is the 75% for public use versus commercial; she did not see how TIF would work in that scenario. Second, the property is right at the border of the City and making a $37 million investment there means the City will not have money for other public uses. She recalled comments from residents saying this site on the City's border is not the best place for a police station or even a community center unless it is shared with Shoreline. She expressed a preference to wait a week to make a decision. With the 75%/25% split, she did not see how the council could ultimately move forward with the purchase. She did not want to damage the relationship with the landowner, but that part of the deal makes it unlikely funds would be available to make investments near 220' or 228' that would serve more of the Edmonds corridor. Mr. Tatum said TIF is not the 100% solution for purchasing this property. The greatest thing about the option is it provides 6 months of worry free/risk free time, followed by 12 months and during that time, the opportunity to work on partnerships, work with legislators, explore grant funding, etc. He knew the property would require a lot of funding sources; the 18-month timeframe allows exploration of a lot of options. He agreed it was possible at the end it may be that none of the funding options will work or maybe the public component is actually revenue generating depending on how it is structured. There is a lot of study to be done to reach a workable project. There is a lot of uncertainty but the timeline provides an opportunity for exploration. Ms. McLaughlin said Councilmember Olson's point about the 75%/25% split in the revenue projection is a valid factor that needs to be considered in the initial TIF analysis to determine if the TIF tool will work. That analysis will be complete before the conclusion of the six month risk free period. The TIF tool would be better used for infrastructure and not property acquisition. A multitude of finance options need to be considered and the revenue projections need to be considered based on the 75%/25% split. Edmonds City Council Draft Minutes June 27, 2023 Page 22 Packet Pg. 77 8.2.a UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS CHEN AND OLSON VOTING YES; COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS TEITZEL, BUCKSHNIS, AND NAND VOTING NO. A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS AND SECONDED, TO TABLE UNTIL THE COUNCIL HOLDS AN EXECUTIVE SESSION TO FINALLY VET THIS WHICH SHOULD HAVE DONE AT VERY BEGINNING OF TIME. UPON ROLL CALL, MOTION FAILED (3-3), COUNCILMEMBERS CHEN, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS TEITZEL AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING NO. Council President Tibbott advised an executive session would be held at the soonest possible date on this topic so the council could be well informed. He asked the building height for the site. Ms. McLaughlin answered it is the City's most generous building height, 75 feet. Council President Tibbott commented that would allow commercial space with approximately 6 stories above and on 2.5 acres, that could be a significant amount. Ms. McLaughlin agreed, especially if there was a publicly funded shared parking facility. Council President Tibbott commented housing on 25% of the site would be a fairly significant income generator. He asked when the $1 million in earnest money was due. Ms. Feser answered it was when the purchase and sale agreement was executed. Mr. Taraday answered it was due when the option was exercised; there was an 18-month option period, the first 6 of which was the preview and at the end of 18 months at the end of 2024, the City would exercise the option or not. Exercising the option means the City was in a binding purchase and sale agreement where the City puts down $1 million in earnest money followed by six months to close. He clarified while theoretically there was no deadline by which the council needed to act on the option agreement, the 18 months would not keep extending. The clock has already started essentially; the council can act tonight or in two or four weeks in the future, but that reduces the due diligence period, it does not get pushed out. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO AUTHORIZE THE MAYOR TO EXECUTE THE OPTION AGREEMENT BETWEEN EASTERN INVESTMENT CORPORATION AND SOUTHEAST 888 INVESTMENT LLC WITH THE ANTICIPATION THAT WE WILL GO INTO EXECUTIVE SESSION AND THE COUNCIL PRESIDENT WILL HEAD UP A STEERING COMMITTEE WITH A COUNCILMEMBER TO BEGIN A ROBUST PUBLIC PROCESS. Councilmember Olson asked if the reason to proceed before holding an executive would be because waiting for the executive session would reduce the due diligence period. Mr. Taraday explained the option agreement states the option needs to be exercised by December 31, 2024. That date is not likely to change. Regardless of when the city council decides to act on the option agreement, the December 31, 2024 deadline will probably not change. Councilmember Olson asked if the start of the six month window could change. Mr. Taraday answered it was his understanding that could change. To set expectations regarding the executive session, he clarified the only topic that could be discussed in executive session would be the relationship between the option price and the appraised value; everything else would need to be discussed in public so it would be a very short executive session. Councilmember Olson said she will vote no on the motion since it has already been agreed to hold an executive session. Mr. Taraday pointed out since this is a regular meeting, an executive session could be held tonight. Councilmember Nand commented it is incredibly benevolent of the property owner to have such a strong desire that the property be used for the good of the community. Now that everything is public, this is an Edmonds City Council Draft Minutes June 27, 2023 Page 23 Packet Pg. 78 8.2.a incredible opportunity for the City and she wanted to ensure the City's bargaining position was protected while what would occasionally be thorny public discussions occurred related to acquisition of the property, how it would be financed, whether it was a good deal, etc. Under no circumstance did she want the property owner to be spooked by discussions that occur at the dais or in executive session. Transactionally the council needs to protect its bargaining position and options before processing questions related to funding, whether to split up the property, etc. The process needs to come later and she encouraged councilmembers not to put the cart in front of the horse. The council needs to guarantee this opportunity will not go away based on the whim of the property owner by executing this option agreement. She agreed with having an executive session to very narrowly discuss the difference between the appraised value and the $37 million and having a robust public process. She looked forward to the council president's plans for the steering committee. Councilmember Chen was excited about the possibilities related to this potential acquisition, but he did not want to make a mistake by committing the City to $37 million before having a full understanding. He urged councilmembers not to put the cart in front of the horse, to hold the executive session first and then make a decision. Councilmember Teitzel asked if the council approves the option agreement tonight and then learns something in the executive session that causes severe concern, can the council unwind the vote. Mr. Taraday corrected his earlier statement; the effective date is a defined term in the agreement, July 1, 2023 so regardless of when the council acts, the six months start July 1, 2023. In response to Councilmember Teitzel's question, he read key language from the option agreement, "If the parties have not executed such an addendum, for any reason, within ONE HUNDRED EIGHTY (180) days of the Effective Date, Optionor shall return the entire Option Payment to Optionee and this Agreement shall terminate." Council President Tibbott called for a 10 minute executive session. Mr. Taraday advised the executive session would be pursuant to RCW 42.3 0.11 0(l)(b), To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO EXTEND TO 10:30. MOTION CARRIED UNANIMOUSLY. Executive Session At 9:51 p.m., the city council convened in executive session for approximately 10 minutes pursuant to RCW 42.30.110(1)(b), to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. The executive session concluded at 10:00 p.m. The meeting was reconvened at 10:01 p.m. Councilmember Nand restated the motion: THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN EASTERN INVESTMENT CORPORATION AND SOUTHEAST 888 INVESTMENT LLC AND THE CITY OF EDMONDS PURSUANT TO US ENGAGING IN AN EXECUTIVE SESSION TO DISCUSS THE NARROW TOPIC OF THE APPRAISED PRICE AND THEN ALSO ON THE ASSUMPTION THAT THE COUNCIL PRESIDENT AND THE VARIOUS DIRECTORS WOULD ENGAGE IN A ROBUST PUBLIC PROCESS OVER THE NEXT SIX MONTHS RELATED TO USAGE OF THE PROPERTY. UPON ROLL CALL, MOTION CARRIED (3-1-2), COUNCILMEMBERS TEITZEL AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER OLSON VOTING NO; AND COUNCILMEMBERS CHEN AND BUCKSHNIS ABSTAINING. Edmonds City Council Draft Minutes June 27, 2023 Page 24 Packet Pg. 79 8.2.a 3. CLEAN BUILDINGS ACT - FRANCES ANDERSON CENTER INVESTMENT GRADE AUDIT Facilities Manager Thom Sullivan advised the State of Washington enacted the Clean Buildings Act (CBA) in 2019 which requires more energy efficient standards for aging buildings. The Frances Anderson Center is 95 years old and the last major remodel was 72 years ago. Several infrastructure upgrades have been done since the City has owned the property include new roofs, insulation, electrical, plumbing, etc., but the CBA will address the inefficient HVAC system, gas fired boilers. He reviewed: • Project goals o Aging infrastructure ■ Inefficient and inadequate HVAC serving building ■ Equipment failures and costly emergency repairs o Climate Action Plan ■ City goal to be carbon neutral by 2050 ■ Study is the first step in planning process o Clean Building Compliance ■ Legislation requiring compliance by 6/l/2028 - Frances Anderson Center is 55,000 ft2 Study Scope o Energy Audit ■ Evaluate existing building systems and operation ■ Propose initiatives addressing: - Replacement & upgrades to aging systems - Associated energy savings - Guaranteed project cost and savings - Support planning pathway to compliance Department of Enterprise Services (DES) o Partnering with DES to utilize state program o Provide energy project management, support customers to reduce operational costs What is the role of DES? 0 1986 RCW 39.35: Legislative Authority to DES o Prequalified providers o Project oversight o Contractual framework & coordination o Financial transparency Project benefits o Facility Updates ■ Address facility HVAC needs ■ Improved equipment efficiencies ■ Avoid costly emergency repairs o Community Support ■ Added resiliency to HVAC system ■ Supports needs for cooling center ■ Improve shelter potential o Funding resources ■ Align with grant and rebate opportunity ■ Avoid CBPS compliance issues and costs ■ IRA funding reimbursement Edmonds City Council Draft Minutes June 27, 2023 Page 25 Packet Pg. 80 8.2.a Councilmember Olson commented it was exciting for the community to learn how the City was upgrading its facilities. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ACCEPT THE PROPOSAL FOR AN INVESTMENT GRADE AUDIT TO IDENTIFY AND ANALYZE PERFORMANCE BASED CONTRACTING MEASURES AT FRANCES ANDERSON CENTER. MOTION CARRIED UNANIMOUSLY. 4. AWARD CONSTRUCTION CONTRACT FOR CITYWIDE BICYCLE IMPROVEMENTS AND ELM WAY WALKWAY PROJECTS City Engineer Rob English reviewed: • Project Overview Map o Alignment At: 100' Ave W from 244' SW/205" St SW to Walnut o Alignment A2: Bowdoin Way from 9' Ave to 84t' Ave W o Alignment A3: 228t' St SW from 80t' Ave W to 78' Ave W o Alignment A4: Sharrows along 80' Ave W from 228" St SW to 22011' St SW • Citywide Bicycle Improvements o Bicycle lanes and sharrow pavement markings (-7.5 lane miles) 0 15 new ADA compliant pedestrian raps 0 3 Rectangular Rapid Flashing Beacons (RRFB) systems ■ 9' Ave/Pine St ■ 100th Ave/224t'' St ■ Bowdoin Way/Pioneer Way o Pedestrian safety modifications at: ■ Yost Park entrance ■ Woodway campus entrance o Traffic signal modifications a5 100t' Ave/220t' St and 100t' Ave/SR104 o Pavement widening on 228t<' St (80' Ave to 78t' Ave) • Elm Way Walkway — 8t' Ave to 9t' Ave 0 700 feet of new curb, gutter and sidewalk (south side) 0 6 new ADA compliant pedestrian ramps o Stormwater improvements (detention system, piping and catch basins) o Pavement striping and signing • Bid results Contractor Bid Results Amount Laser Underground & Earthworks $2,675,267 Kamins Construction $2,682,121 Road Construction NW 2,767,012 A-1 Landscaping $3,135,894 Colacurcio Brothers $3,185,070 Engineer's Estimate $1,997,231 • Construction budget Item Citywide Bikelane Elm Way Walkway Total Contract Award $1,925,350 $749,917 $2,675,267 Construction Mgmt, Inspection & Testing 15% $288,803 $112,488 $401,291 Mgmt Reserve 10% $192,535 $74,992 $267,527 1% for Arts local funds $5,452 $7498 $12,862 Total $2,412,140 $944,895 $3,357,035 Edmonds City Council Draft Minutes June 27, 2023 Page 26 Packet Pg. 81 e Construction Funding Funding Source Citywide Bike Lane Elm Way Walkway Total Sound Transit Grant $1,365,000 $1,380,000 REET (125/126) $496,655 $535,348 $1,074,394 Storm Utility 422 $338,384 $349,927 76t' Overlay Savings 125/1260 $189,255 $189,254 2023 Overlay 125/1260 $62,000 $62,000 2023 Storm Projects 422 $43,522 $43,522 Added Funds (126 REET) $299,230 $27,641 $326,871 Total $2,412,140 $944,895 $3,357,035 *Green = in 2023 budget *Red = additional funds are needed to fund construction • Staff recommendation o Award Construction Contract to Laser Underground & Earthworks, Inc. for $2,675,267. o Authorize a 10% Management Reserve of $267,527. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AWARD THE CONSTRUCTION CONTRACT TO LASER UNDERGROUND & EARTHWORKS, INC. FOR $2,675,267 AND AUTHORIZE A MANAGEMENT RESERVE OF $267,527. Councilmember Olson relayed her understanding the Elm Way Walkway project was quite expensive, commenting it was great to do the projects together so there is less disruption in the neighborhood as well as cost savings. Elm Way is an extremely dangerous situation for pedestrians and she was excited to have the project moving forward. Councilmember Chen thanked staff for moving this project forward. It will provide more connections within the City and improved safety for pedestrians and bicyclists. Councilmember Teitzel asked if the construction budget included the cost of signal changes at SR-104 and 100t' intersection and the pedestrian and bicycle safety improvements. Mr. English answered it includes what was in the original bid package. Councilmember Nand found it fascinating that it costs $3.3 million to pave and build out 700 feet of sidewalk. During the council budget workshop in north Edmonds, there was concern expressed with the perceived delay in street improvements. When one looks at the numbers and sees how time intensive and incredibly expensive it is to build sidewalks, she hoped the community realized why projects take so long. MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION INCREASING VEHICLE LICENSE FEE - TRANSPORTATION BENEFIT DISTRICT COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO POSTPONE ITEM 9.5, RESOLUTION INCREASING VEHICLE LICENSE FEES - TRANSPORTATION BENEFIT DISTRICT, TO ANOTHER EVENING. Councilmember Olson commented if people have the energy to stay, she would rather the council consider this item. Councilmember Nand commented the council has received public comment that call this a regressive tax and it deserves a robust public discussion. She preferred to move this item to another meeting. Edmonds City Council Draft Minutes June 27, 2023 Page 27 Packet Pg. 82 8.2.a MOTION CARRIED UNANIMOUSLY. i [ICU EVC111AKE010V lu 1 Bla V Mayor Nelson thanked for community members and City staff for the wonderful park opening and amazing turnout. With the 4' of July celebration coming up and the increased risk of fire and dangers of fireworks, he reminded of the City's $500 fine for lighting off fireworks. He urged the community not to light off fireworks. 11. COUNCIL COMMENTS Councilmember Olson expressed her commitment to addressing the lack of amenities and the infrastructure needs of the south Edmonds area. Her vote tonight did not reflect a lack of commitment on those items, but instead a concern that it would distract the council from the things they need to act on most. Councilmember Teitzel echoed Mayor Nelson's comment about the wonderful opening of Civic Park Playfields. He expressed disappointment with graffiti tagging at several locations in the park last night when the park has been open less than a week. He urged the public to keep their eyes open and to say something if they saw anyone spray painting or defacing the area. Councilmember Chen assured the public and his family that he cares about Highway 99 and the property the council discussed tonight. His vote tonight was out of caution due to unanswered questions. Moving forward the council will be working with staff and the public to see the project come to fruition with caution. He advised of fireworks in Mountlake Terrace on Lake Ballinger on July 3. The Edmonds side of the park is closed for construction; the best viewpoint is on the Mountlake Terrace side in the boat launch area. Council President Tibbott reported on the grand opening of the park; it was a beautiful day with many activities and it was a lot of fun. He referred to a council special meeting prior to this meeting regarding the 2024 budget where he may have observed just a little excitement about the budget season. Councilmember Nand gave a shout out to the Edmonds Chamber of Commerce who are responsible for the wonderful 4' of July celebrations. The Chamber has a very small staff on a shoestring budget that pull off miracles every year. The new executive director, Ryan Crowther, and staff members Alicia, Erica and Caitlin work extremely hard. She noted many think the City puts on the 4tn of July celebrations, but it is really the Chamber of Commerce. Councilmember Buckshnis said she read all about the opening of Civic Park; it looked like a great time. She had a nice time in Happy Camp, Oregon. She reported she abstained from the vote tonight because she is a numbers person and the council was not given sufficient information. That did not mean she did not support the effort, she will wholeheartedly support it, but an executive session should have been held first instead of throwing 500 snowballs at council. It will be interesting to see how the City proceeds; there is still the comprehensive plan, Perrinville, Shell Creek, and the budget to do and she hoped the City did not lose focus on other issues. 12. ADJOURN With no further business, the council meeting was adjourned at 10:27 p.m. Edmonds City Council Draft Minutes June 27, 2023 Page 28 Packet Pg. 83 8.3 City Council Agenda Item Meeting Date: 07/5/2023 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Lori Palmer Background/History Approval of claim checks #258075 through #258157 dated June 29, 2023 for $700,177.25 and wire payments of $42,662.26. 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: us bank check list positive pay 2 6-29-2023 agenda positive pay 6-29-2023 Agenda Packet Pg. 84 8.3.a apChkLst 06/29/2023 2:14:37PM Trial Check List City of Edmonds Page: 1 Bank: usbank U.S. BANK Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total N 6222023 6/22/2023 062693 US BANK 5923 6/6/2023 CS/ECON DEV CREDIT CARD M/ 2,970.66 0747 6/6/2023 PW CC - 6/6/23 2,867.03 w E 7565 06/06/23 6/6/2023 STRUM CC 7565 06-06-23 2,323.83 5120 06-06-23 6/6/2023 DANIELS CC 5120 06-06-23 2,321.97 Q- 8559 06-06-23 6/6/2023 PECK CC 8559 06-06-23 2,013.32 L 9821 06-06-23 6/6/2023 GREENMUN CC 9821 06-06-23 1,918.96 3 6654 6/6/2023 SULLIVAN CC - 6/6/23 1,469.84 6453 06-06-23 6/6/2023 BENNETT CC 6453 06-06-23 675.10 w 2985 6/6/2023 WWTP: 2023 DOR TANK BUS. LIC 609.95 cYi 1937 6/6/2023 FLEET CC - 6/6/23 8,478.97 25,649.63 6292023 6/29/2023 062693 US BANK 8770 6/6/2023 8770 JESSE CURRAN CREDIT C/ 6,085.48 E 8045 6/6/2023 8045 JAY SANDSTROM CREDIT ( 3,788.21 9294 6/6/2023 9294 PARKS CREDIT CARD 498.83 8111 6/6/2023 8111 MICHELE PARKER CREDIT, 338.98 4- 0 8102 6/6/2023 8102 JENNIFER LEACH CREDIT ( 36.66 > 5680 6/6/2023 5680 SHANNON BURLEY CREDIT 609.98 0 6681 6/6/2023 6681 KYLE WOODS CREDIT CAR 1,000.08 a 6459 6/6/2023 6459 ANGIE FESER CREDIT CAR 905.99 Q 7290 6/6/2023 7290 ROB FREEBORN CREDIT C 1,885.52 N 8078 6/6/2023 8078 CARA BROWN CREDIT CAF 1,862.90 17,012.63 Y Sub total for U.S. BANK: 42,662.26 c ca N 7 a+ C d E L V R r r Q Page: 1 Packet Pg. 85 8.3.a apChkLst Trial Check List Page: 2 06/29/2023 2:14:37PM City of Edmonds 2 checks in this report. Grand Total All Checks: 42,662.26 Page: 2 Packet Pg. 86 apPosPay 6/29/2023 1:17:26PM Positive Pay Listing City of Edmonds 8.3.b Page: 1 Document group: mmccreary Vendor Code & Name Check # Check Date Amount 072799 ANDRES, KAREN 258146 6/29/2023 17.69 075280 BYRUM, RICHARD A 258147 6/29/2023 185.00 073029 CANON FINANCIAL SERVICES 258148 6/29/2023 283.01 073249 CG ENGINEERING, PLLC 258149 6/29/2023 1,500.00 078943 DIEL, ARNIE WAYNE 258150 6/29/2023 296.00 ui 008705 EDMONDS WATER DIVISION 258151 6/29/2023 553.53 c 075016 LEMAY MOBILE SHREDDING 258152 6/29/2023 17.62 078936 MORGISON, DUANE 258153 6/29/2023 296.00 079314 ROSETO, ALEC 258154 6/29/2023 179.87 a 065769 SADORUS, JEFFREY 258155 6/29/2023 222.00 037375 SNO CO PUD NO 1 258156 6/29/2023 389.50 3 011900 ZIPLY FIBER 258157 6/29/2023 120.25 GrandTotal: 4,060.47 Total count: 12 a� t E O �a O L Q Q Q M N O N O N t0 N Q N > O C N E t U 2 r Q Page: 1 Packet Pg. 87 8.3.c apPosPay Positive Pay Listing Page: 1 6/29/2023 10:44:50AM City of Edmonds Document group: mmccreary Vendor Code & Name Check # Check Date Amount 078745 A-1 LANDSCAPING & CONSTRUCTION 258075 6/29/2023 345,852.85 065052 AARD PEST CONTROL 258076 6/29/2023 109.40 000135 ABSCO ALARMS INC 258077 6/29/2023 115.86 065568 ALLWATER INC 258078 6/29/2023 40.06 063862 ALPINE PRODUCTS INC 258079 6/29/2023 6,971.44 001528 AM TEST INC 258080 6/29/2023 435.00 065378 APPLIED INDUSTRIAL TECH 258081 6/29/2023 81.52 069751 ARAMARK UNIFORM SERVICES 258082 6/29/2023 220.60 070305 AUTOMATIC FUNDS TRANSFER 258083 6/29/2023 1,274.50 072577 BAURECHT, MAGRIT 258084 6/29/2023 170.00 078405 BERGEVIN, JACOB D 258085 6/29/2023 800.00 028050 BILL PIERRE FORD INC 258086 6/29/2023 364.99 073029 CANON FINANCIAL SERVICES 258087 6/29/2023 1,112.06 067446 CEM CORPORATION 258088 6/29/2023 14,044.55 079151 CM HEATING INC 258089 6/29/2023 118.40 062975 COLLISION CLINIC INC 258090 6/29/2023 3,988.82 070323 COMCAST BUSINESS 258091 6/29/2023 57.16 065683 CORRY'S FINE DRY CLEANING 258092 6/29/2023 306.73 005965 CUES INC 258093 6/29/2023 120.93 076577 CWT LLC 258094 6/29/2023 5,215.60 079013 DEALERSHIP GLASS AUTO GLASS 258095 6/29/2023 360.48 065739 DTG RECYCLE 258096 6/29/2023 2,032.74 074674 ECOLUBE RECOVERY LLC 258097 6/29/2023 200.50 076610 EDMONDS HERO HARDWARE 258098 6/29/2023 82.51 008705 EDMONDS WATER DIVISION 258099 6/29/2023 256.86 008812 ELECTRONIC BUSINESS MACHINES 258100 6/29/2023 131.96 069469 ENNIS-FLINT INC 258101 6/29/2023 24,227.55 009350 EVERETT DAILY HERALD 258102 6/29/2023 149.64 012199 GRAINGER 258103 6/29/2023 379.75 012900 HARRIS FORD INC 258104 6/29/2023 143.71 010900 HD FOWLER CO INC 258105 6/29/2023 4,598.09 078923 HKA GLOBAL INC 258106 6/29/2023 11,040.00 067862 HOME DEPOT CREDIT SERVICES 258107 6/29/2023 1,525.66 076488 HULBERT, MATTHEW STIEG 258108 6/29/2023 875.00 069733 ICONIX WATERWORKS INC 258109 6/29/2023 7,876.64 014940 INTERSTATE BATTERY SYSTEMS 258110 6/29/2023 55.03 079318 JAY DIGITAL STRATEGIES 258111 6/29/2023 20,000.00 079069 KISHA POST 258112 6/29/2023 4,795.00 078500 LEFTA SYSTEMS 258113 6/29/2023 398.00 073603 LIGHTHOUSE LAW GROUP PLLC 258114 6/29/2023 78,001.80 066064 LISTEN AUDIOLOGY SERVICE INC 258115 6/29/2023 610.00 018950 NAPA AUTO PARTS 258116 6/29/2023 59.85 024302 NELSON PETROLEUM 258117 6/29/2023 290.51 077724 NENA 258118 6/29/2023 281.78 064215 NORTHWEST PUMP & EQUIP CO 258119 6/29/2023 686.96 072739 O'REILLYAUTO PARTS 258121 6/29/2023 15.45 077389 OLYMPIC ELEVATOR COMPANY 258120 6/29/2023 11,421.94 002203 OWEN EQUIPMENT COMPANY 258122 6/29/2023 12,040.67 027450 PAWS 258123 6/29/2023 6,613.00 028860 PLATT ELECTRIC SUPPLY 258124 6/29/2023 20.75 071594 PROFORCE LAW ENFORCEMENT 258125 6/29/2023 28,293.62 046900 PUGET SOUND ENERGY 258126 6/29/2023 49.28 074712 RAINIER ENVIRONMENTAL LAB 258127 6/29/2023 700.00 Page: 1 Packet Pg. 88 apPosPay Positive Pay Listing 6/29/2023 10:44:50AM City of Edmonds Document group: mmccreary Vendor Code & Name Check # Check Date Amount 069477 ROTARY OFFSET PRESS INC 258128 6/29/2023 7,331.33 076800 ROTHFUS, DEBRA 258129 6/29/2023 44.65 036950 SIX ROBBLEES INC 258130 6/29/2023 134.35 037375 SNO CO PUD NO 1 258131 6/29/2023 23,476.16 063941 SNO CO SHERIFFS OFFICE 258132 6/29/2023 34,039.75 038100 SNO-KING STAMP 258133 6/29/2023 97.53 038410 SOUND SAFETY PRODUCTS 258134 6/29/2023 701.80 075025 THE BRANDING IRON LLC 258135 6/29/2023 362.44 065459 THE HERALD SUBSCRIPTION 258136 6/29/2023 302.40 041960 TOWN & COUNTRY FENCE INC 258137 6/29/2023 501.18 071549 UNIVAR SOLUTIONS USA INC 258138 6/29/2023 1,902.69 044960 UTILITIES UNDERGROUND LOC CTR 258139 6/29/2023 321.21 067865 VERIZON WIRELESS 258140 6/29/2023 16.92 075155 WALKER MACY LLC 258141 6/29/2023 15,315.00 067195 WASHINGTON TREE EXPERTS 258142 6/29/2023 3,867.50 075635 WCP SOLUTIONS 258143 6/29/2023 4,208.58 078389 ZENNER USA 258144 6/29/2023 2,912.19 011900 ZIPLY FIBER 258145 6/29/2023 965.90 GrandTotal: 696,116.78 Total count: 71 Page: 2 Packet Pg. 89 9.1 City Council Agenda Item Meeting Date: 07/5/2023 Boys & Girls Club New Facility Design Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Background/History The City of Edmonds and the Boys & Girls Club of Snohomish County (BGCSC) have a Ground Lease Agreement (attached) which allows for construction of a new facility in the allocated 12,000 square foot area within Civic Center Playfield Park. This agreement, approved in February of this year, requires the City Council's review and approval of the proposed building schematic design including a Public Hearing. Attached are the design drawings, BGCSC information memo describing the need for a new building and a detailed description of the proposed facility, a copy of the presentation to be given by the BGCSC and the ground lease. It is important to note this is only a review of the aesthetics and design of the building as it relates to Civic Center Playfield Park and NOT in any way a part of the required formal building permit process. This project requires a full Planning and Building review through the formal permitting process. The Boys and Girls Club participated in a Design Review Committee in March. Staff Recommendation Staff recommends the City Council conclude this Public Hearing and consider approving the new facility design as proposed by the Boys & Girls Club of Snohomish County. Narrative The Boys and Girls Club of Snohomish County has occupied the Field House since 1968 with an initial arrangement with the Edmonds School District. Although the property was not purchased by the City of Edmonds until 2016, the City had a property lease with the School District starting in 1975 for the entire park site including the Field House. In 2010, the City and BGCSC entered into a five (5) year Building Use Agreement for the Club's use of the Field House. This agreement included a five (5) year extension clause which was executed in both 2015 and 2020 with the current agreement expiring in 2025. Attachments: BGC Building MEMO Boys -Girls Club New Facility Design BGCSC New Facility Presentation City of Edmonds - Boys and Girls Club Ground Lease Packet Pg. 90 9.1.a To: City Council From: Angie Feser, Director, Parks, Recreation & Human Services Date: June 8, 2023 Re: Boys & Girls Club New Facility Design The follow is narrative material provided by the Boys & Girls Club of Snohomish County to provide context for the need of a new facility as well as additional design details. New Facility Background The Edmonds Boys & Girls Club was established in 1968 as part of the Boys & Girls Clubs of Snohomish County (BGCSC). BGCSC was granted a charter from Boys & Girls Clubs of America in 1946 and opened its first Club in Everett. Today there are 25 Boys & Girls Clubs, including Edmonds, spread across a multi -county area including seven on tribal land within Washington State. Discussion about the Edmonds Boys & Girls Club began when the lease with the city was expiring in January 2021. BGCSC began looking at other potential locations and assessing whether a Boys & Girls Club was still needed in Edmonds. Based on the assessment a decision was made to remain in Edmonds and discussions started with Edmonds Center for the Arts (ECA) to build on their campus and to remain at Civic Field with a new building. The end result is a two phased project utilizing both locations with the younger ages at Civic Field in phase one and the teens at ECA in phase two. The tight footprint provided at Civic Field does not allow for a 25,000 square feet ground level building to accommodate all ages. As a non-profit organization there are limited financial resources and believe the appearance will both satisfy the community and maximize the space needed for the youth. The estimated cost for demolition, construction and furnishings is $6 million. The BGCSC has raised a total of $3.485M ($1.1M private contributions, $1.385M state capital budget, and $1M Snohomish County ARPA). BGCSC confident remaining funds will be raised by this Fall. Construction will begin after permits are issued and open for business in late 2024. Facility Design The existing building is an obsolete and outdated structure and does not fulfill the current needs of the club. The lower level does not allow for disabled access and the space layout is not conducive to programs that the club currently runs. The existing gym on the upper level of the building is too small to have spectators and has no elevator for accessibility. Improvements associated with layout and code required upgrades (seismic, life safety, ADA etc.) severely limit remodel potential. Options of renovating or expanding the existing building have been considered and it has been determined that it is more cost effective to demolish and rebuild than to save. Packet Pg. 91 9.1.a As noted above, the plan is to demolish the existing building and construct a new 16,000 square foot facility. The new building includes an 8,000 square foot gym and a two story 8,000 square foot activity area. The new Boys & Girls Club will be triple the size of the old club to accommodate more youth. The overall building design is intended to blend into and be part of the new improvements to the Civic Field with possible public use when not being used by youth. The design intent is to provide an architectural image that is fresh, updated and responds to the surrounding environment. The materials utilized will include wood, colored ground face concrete masonry and glass on all exterior surfaces. This building will meet LEED Silver standards making it environmentally conscious and have a minimal carbon footprint. The main entry for the building is planned to face south to enhance interaction with park users and the local community. There are large expanses of glass opening to both the park and the street that will provide natural light and also views from inside -out and outside -in. This openness promotes higher security for users as well as helping bring the outside to the interior. Community -oriented spaces have been placed on the ground floor and more specialized club uses are located on the upper floor within the southern portion of the new building. The gymnasium has been placed on the northern portion of the building and will receive natural light from the exterior on the north, east and west. It will also have windows at the upper floor interior that will spill filtered light across the space and into the gym. Along with this abundance of natural light, biophilic design features will be incorporated to help bring the exterior environment into the interior. Building Design Considerations As part of the design review process, the BGCSC will ask for relaxation of two zoning related items. Those items involve extension of the maximum height to 30' and removal of the 20' building setback at the street. Both of these limitations are related to the Public Use zoning designation. This site is bound on the north and south by RM 1.5 zoning which has a 15' street setback and 25' height limitation (30' with sloped roofs). There is also BD zoning both north and south of the site which has no building setbacks and a 30' height limitation. The height increase is necessary to allow for building structure and 23' of clearance on the interior of the gym. The official clear height for a volleyball court is 23' and 4'-5' will be required for the roof structure to span the entire gymnasium. Based on this, the BGC will be requesting that the maximum height be increased to 30'. The existing building is also approximately 33' high on average so this would provide for a building lower than the current club. A portion of the 12,000 SF building pad within the park that was allocated by the city is within the required 20' setback. The setback would eliminate approximately 2,000 SF of needed interior area. It is imperative that the BGCSC is allowed to utilize the entire building pad that was given to allow for needed square footage within the club. Since this building is commercially oriented and other adjacent business -related zones do not require this setback, the BGCSC feels this request is in keeping with the spirit of the municipal code. CITY STAFF NOTE: THIS REVIEW OF THE NEW FACILITY SCHEMATIC DESIGN DOES NOT REPLACE OR SUPERCEDE THE FORMAL DESIGN REVIEW AND BUILDING PERMIT PROCESS. Packet Pg. 92 9.1. b W Z) z W a x x v OWNER: BOYS $ 6IRL5 CLUB OF SNOHOMISH COUNTY 8223 BROADWAY AVENUE, SUITE 100 EVERETT, WA 18203 CONTACT: MR. BILL TSOUKALAS (425) 258-2436 SITE PLAN 1" = 40'-0" ARCHITECT: 2812 ARCHITECTURE 2812 COLEY AVE. EVERETT, WA g8201 CONTACT: ADAM CLARK (425) 252-2155 nwNir-;p . GITY OF EDMONDS 700 MAIN STREET EDMONDS, WA g8020 (425) 771 -0250 W 0 z W > a x 5U I LL� I N6 51 fiE PLAN 1" = 20'-0" FRO,�E�T CRITERIA: JURISDICTION: GITY OF EDMONDS TAX PARCEL NUMBER: 00454210000000 NORTH LE6AL DESCRIPTION: SECTION 24 TOWNSHIP 27 RAN6E 3 QUARTER 5W GITY OF EDMONDS BLK 100 D-00 - ALL BLK 100 T6W VAG EDMONDS ST & 5PRA6UE ST 4 ALLEY PER GITY OF ED ORD #4028 REG AFN 201606250542. APPLICABLE CODES: 2018 INTERNATIONAL BUILDING GODS 2018 INTERNATIONAL FIRE CODE 2018 NFPA 13 2018 NFPA 72 2018 INTERNATIONAL MECHANICAL CODE 2018 UNIFORM PLUMBING CODE ANSI A117.1-200cl ACCESSIBLE AND USABLE BUILDIN65 AND FACILITIES 2018 WASHIN6TON STATE ENERGY GODS ZONING: COMPREHENSIVE PLAN: LOT SIZE: MAX. HEI6HT: OCCUPANCY: CONSTRUCTION TYPE: EXISTIN6 BUILDING AREA (TO BE DEMOLISHED) NEW BUILDING AREA: P - PUBLIC USE PUBLIC USE 3. q 1 ACRES ( 170, 320sf) 25' A-3 GYMNASIUM VB - TWO STORY (SPRIKLERED) FIRST FLOOR = 2,7g2 S.F. SECOND FLOOR = 2,716 S.F. TOTAL AREA = 5,508 S.F. 16,4g3 5.F SITE SPRAGUE ST fr. ,T_FF I�- EUM(]�p5'. ST FEEL= it C Eil ET IIF �f ri �J J_J L ll I TT�� ST VIC,INIT� GAF SCALE: NOT TO SCALE m m N i O N M _� >Q N N O > 00 U N N c0 > N W 't LL 0 W m D J U co Z J O CD IN O O U °° ��� 0 ( f) LL z 00 J M D W m W w z Q Drawing: =O � (D C z z_ G 2 0 z� = Wcp O <0 ��z o � VJ co �W U A1.1 Job Number: z J a W 22c-4396 c a� v to LL 3 a� z U ,L^ V 06 0 m r— .N U m LL 3 d z U C9 u� 0 00 r c a Packet Pg. 93 9.1. b n4 116 -011 11 ' —4" 11 ' —41I 11 ' —41I 1 Cl ' —41I 1 Cl ' —41I 11 ' —41I � 0 Q FIRE SPRINK. ELEG. UP SHE��, N6 SHELVI N6 WOMEN MEN Ll 0 KITCHEN 71 WA54 p II II II ® JAN . z� UP �� l LOBBY ELEV. CONTROL II k COMMUNITY/ GYM FLEX 570RA6E SPACE OFFICE - P/// 11114 /"e' UP I - --T - - - - FAIN FLOOR PLAN NORTH A zz W H � 0� U Ld LJ z J �7 U 3 a w M Q Q o r �O E 0 U N (D c o � N N Co > 00 L U C a0)�" 0 a N. (B us N 0 L N N � Co > N w 3 d z v n—� n L a N C m CDEDC LM N 0 o U- CD L m a CD s Q LL O U) m J U Cn Z O CD IN O U O 00 OZS = = o o '0�(D 0 LL G z z J zO 0 O W �a 0- =m z3: Q o 0� O Lu O z,J� z-TQz U) a M w 0 U Drawing: A2.1 Job Number: 22c-4396 Packet Pg. 94 9.1. b 116 -0" 1 a1' —411 1 al —411 1 C1' -4II 1 C1' -4II 1 Cl I -4II 1 Cl I —4II UFFER FLOOR FLAN 1 /8 " = 1 1 -0 1, NORTH A zO W H z 0� U W W Y z � H 2 ti Q J N U7 U 3 LJ C� w a w M Q ~¢ o r OD OU C O U N i N N co > 00 U-)U C a 0-) N 0 U + N N � co > N w 3 d z M 0 n—� n L N 5. 0 m CDEDC 0 N 0 LL 0 3 m z M v L 0 m c m E s 0 Q H O VMJ W U Cn Z O CD N U°° O OZS = = o o' O� U) — � � O z Q cD zO o � z = o O J za LLJ � O co w O Q Z LL LU z= z z o Lw a U)M� a 0 0 U Drawing: A2.2 Job Number: 22c-4396 Packet Pg. 95 9.1. b 50' -0" TOP C BLENDEI COLORS AND CX CANOPY 'd .3 e -94 23' -411 TOP OF BEAK vo � d 6LULAM 5TAA CLEAR ANODII STOREFRONT ✓ K(, BLENDED GMU COLORS: CMU- AND GMU-2 -q�0' _011 TOP OF SLAE .J 11 1% 1 1 IL 11 V I R./\.0lW I IV l...l...VI I I IL I r1L- SIDIN6 5W-1 DOOR P-2 NEST ELEVATION SCALE: 1/8" = 1'-0" ./ 1 1 N I I IL— 11 V I lv- VWw VL..Lr,l\ rll '1VL 1 LLL SIDING 5W-1 STOREFRONT SOUTH ELEYAfi I ON SCALE: 1/8" = 1'-0" EXfiERIOR MAfiERIALS GROUND FACE GMU CASTLE WHITE GMU-2 GROUND FACE GMU MOUNTAIN BROWN SHERNIN WILLIAM5 ANCHORS AWEIGH P-2 5HERNIN WILLIAM5 NATURAL LINEN SYNTHETIC WOOD RE5Y5TA AGED TEAK TOP OF BEAM CLEAR ANODIZED STOREFRONT BLENDED GMU COLORS: GMU-1 AND GMU-2 01 _011 TOP OF SLAB ,3 1 _411 BEAM IC WOOD SA-1 NOD IZED ONT GMU GMU-1 _2 OI _011 SLAB A o W H F � U W WY z H Q = �7 U 3 W W pq �Q o AW c a a H E 0 0 L 4- �o �2 > 0co 0 Lo a ca 0 LO 00 U N N N CN N W L.L O U) om D J U � Cn Z O o N OU 0 °° O OS = U)p = o U) CD (f) > z z = 0 as z o O O �a / J_ TT 1 W > U) LL] w Q a Z _o LLJ Z � � co o � ~ a (1)co W co �, W U Drawing: A3.1 Job Number: 22c-4396 0 .v cv LL 3 m z 3 U 0 06 rn O m C .y O 0 LL z _ O m E a Packet Pg. 96 9.1. b 23'-411 TOP OF BE1 5YNTHETIG N( SIDING SN-1 BLENDED GMU COLORS: CMU AND GMU-2 O 1 — 0 11 TOP OF SD 501 —011 TOP OF PARAF 5YNTHETIG WOG SIDING SN-1 BLENDED GMU — COLORS: GMU-1 AND GMU-2 0 1 -011 TOP OF GYM FLR. I IV 1...1...V/ \ I IL I I-%&- ✓ I I% I I IL 11 V I \V VY I \ I IL I "... ✓ 1 IN I I IL I l l/ I \V VY DOOR P-2 SIDING SN-1 DOOR P-2 SIDING SN-1 EAST ELEVATION SCALE: 1/8" = 1'-011 A.I 'ET �� ��� MMM �MMMMMMM � ���M���� ���O M � MMMMMWEE! ���� — TOP OF�M EEIEEIMEMMMM ��������������������������� MM� 0 EEIEEIME MEEIMM MMMM MMEE 0 EEIEEIME MMM MMM 0 MESSESSES MMM 0: D r 71MM - LIN ���� 7 ������ MMMMMMM � IMMMIM ����� MMMMM 71 ggk� IMIMEE MMff, MMEN EDM N�S�SS■G MM�M MM MM �� 5T0 -> MMMMMMMMMIMMMIMt 1 MMMM ���������� MMM MMMM MMM MMMMMMM ����MMM i■�������������� El El �El MMMMMM El MM IMEEMMM MM MMM �MMMMMMM WMMMMM MMMM���� �MMM���� �■ M� ■ �������� � MMMMEEIEEII MMMM����0 NORTH ELEVATION SCALE: 1/8" = 1'-0" 50' 0" AAPET� R 01 -1�u TOP OF GYM FLR. >P OF PARAPET CLEAR ANODIZED STOREFRONT BLENDED GMU COLORS: GMU-1 AND GMU-2 OI 01I OF GYM FLR Q o W H Q� U � L, LIJ L, Y z �-- I— a _ H = U Q �7 U 3 LJ Q� w Q w o ca w Cl Q Q o F- ID �o �8_ N M > 00 L a N N U N N 00 > (N LU LL 0 U) m J U Cn Z O O N CD U O 00 M 0S = = o U) oU�Oz o cD z = a > z o O O za w W J m LZU m w O Q o z O LU z = ��z^ co O_ LU ~ a V J co LU W 0 U Drawing: A3.2 Job Number: 22c-4396 C .y 0 v LL 3 d z v A L ad to O m C .y N 0 O LL 3 m z _ V to L m d s Packet Pg. 97 9.1.c BOYS & GIRLS CLU OF SNOHOMI H COUN�W a Packet Pg. 98 9.1.c lift NJ C ArlinglOn i.jUemwo scJA V S- ILIm c_;,FL M-11 sedifle Sunan air 1� �-, irs cmrrrood N mWi, h C re-iAk IMAGINE lwys & ranus cums CW 5190H OMI S H CO U NTY THE IMPACT Wanin Springps, OR Club 7.Fq 9.1.c OVERALL SITE PLAN - ENTIRE PARK 5ITE PLAN NORTH Packet Pg. 1 M9 clal D 9.1.c WEST ELEVATION 30'-01 _ TOP OF PARAPET SLENDEI) GMU - GOLOR5; GMU-I AND GMU-2 CANOPY 0 -O" TOP Or 6YM WEST ELEVATION SGAL- 1/5" = 1 -0" 6ARA6E DOOR • Contemporary Design (Ground Face CMU, glass, wood structure) • LEED Silver standards • Minimal Carbon Footprint • Efficient HVAC • Opportunity for solar i raYiYiY �: it s�f mane mm � wua nua 5YNTHE71 G A00P 51DIN6 5H-1 HOLLON METAL DOOR P-2 25'-4' -RC-or BE:AMl�- SYNTHETIG HOOP 51DIN6 CA_1 CLEAR AWL ] Zi=P STOREFRONT 6LETIDED GHU COLORS: GMU-1 AND GMU-2 _ 0' -O' TOP OF 5LA6 IF M .N as c LL 3 m z s v 06 N O 00 C O C d N d L (L A R LL 3 a) z U co m c d E s Q Packet Pg. 102 9.1.c SOUTH ELEVATION M, 61 Ir 61 II I SOUTH ELEVATION 5GAL-F: 1 /5" = 1 ' -V • South facing entry for park connection • Abundance of natural light for interior • Biophilic design to increase occupant connectivity to the natural environment SIDING SW-1 STOREFRONT _ 23'_4" TOP OF s5P CLEAR ANOL7I ZED 5TOREFRONT BLENDED GMU GOLOR5: GMU-1 AND GMU-2 _ 0'0 TOP OF SLAB Packet Pg. 103 9.1.c EAST ELEVATION ,i�2764; BEI 5YMTNETI0 0 5IDIN6 5A_1 BLENDED GMU 00LOR50MU AND W6-2 o _o, TG 5U • Utility spaces on southeast for economy • 30' high gym (23' required to underside of structure) • Existing building average height 33' If DOOR P-2 [DING 5YJ-1 DOOR P-2 5I D I N6 5N1-1 EAST ELEVATION SCALE: 1/8" = 1'-0' 50'-O" >I' 4F i'ARAPE7l�- CLEAR ANODIZED 570REFRONT BLrNDM GMU COLOR&: GMU-1 AND GMU-2 _ W -0 GF 5YM FLR. IF M .N c LL 3 m z s v V 06 N O m C O W to C d N d L a A v R LL 3 m z V c� m C d E s Q Packet Pg. a 9.1.c NORTH ELEVATION �TGP DF PARR elnTFU7I G A o0 EI7IN5 5A-1 BLFNPM GMu C.GLORE5: GNU-1 AND cwu-2 0TGP OF 6YM FLR. • Varied materials and surface planes • Canopy for weather protection at street • 20' building setback from property line. Proposing to put building at back of sidewalk - Interior area needed. IE7 TOP OF i.h . 10M i.i..... .....i. - 4I.wr, ❑ ❑❑ wMr.2 ❑❑ ter!. �.�oo �.�.� i :uwwi.r. 'W. ?:w STOR Erg! -...■: .....�' �..� Boss a ams axm p li.i.i.'l .i.i.iF 61.ww.R 'i.i.wl -. ''1i—E---�F- Mr Zr .—i—i-- .—w . .. NORTH ELEVATION SCALE: 1/0" = 1' 0" PARAPET R�0 ]Z EF�2b0 ' TOP OF 6YM FLR RENDERING (Looking from southwest) ii;ii'ii ice'®�,��I�■ S T N 0 M LL 3 m z U N V Cd N 0 m r cv c N d L a LL 1 % z U U m a Packet Pg. 106 RENDERING Wp Looking from northwest) 2-J'M � --- a Packet Pg. 107 9.1.c EXISTING SITE PHOTOS Packet Pg. 109 9.1.c EXISTING SITE PHOTOS Packet Pg. 110 9.1.c EXISTING SITE PHOTOS (Street Frontage) P's Packet Pg. 111 9.1.d GROUND LEASE CITY OF EDMONDS AND BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY Packet Pg. 112 9.1.d TABLE OF CONTENTS LISTOF EXHIBITS..................................................................................................................... ii GROUNDLEASE......................................................................................................................... 1 SECTION 1. AGREEMENT TO LEASE PROPERTY.......................................................... 1 SECTION2. TERM..................................................................................................................... 2 SECTION3. RENT.................................................................................................................... 2 SECTION 4. BGCSC'S OTHER OBLIGATIONS .............................. ............................. 3 SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 5 SECTION 6. INDEMNITY, INSURANCE................................................................................ 5 SECTION7. DEFAULT............................................................................................................. 8 SECTION 8. REPRESENTATIONS....................................................................................... 10 SECTION 9. GENERAL PROVISIONS................................................................................. 10 Packet Pg. 113 9.1.d LIST OF EXHIBITS EXHIBIT A: Property Description/Boys & Girls Club Footprint EXHIBIT B: Schematic of adopted Civic Park Master Plan EXHIBIT C: Civic Park Design Guidelines Packet Pg. 114 9.1.d GROUND LEASE CITY OF EDMONDS / BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY THIS GROUND LEASE (this "Lease"), effective the day of , 2023 ("Effective Date") is between the CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City"), and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY, a nonprofit corporation under the laws of the State of Washington (the "BGCSC"). WHEREAS, the City and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY entered into a Lease dated October 29, 2015, the Term of which was scheduled to expire in 2021 unless extended by one or both of the two five-year extensions in that Lease (the "2015 Lease"). WHEREAS, the 2015 Lease encompasses the same real property as this Lease and the parties intend that this Lease supersede the 2015 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Prapem. The City hereby leases to the BGCSC and the BGCSC leases from the City that certain real property described and shown on Exhibit A attached hereto located thereon or to be located thereon (the "Property"). The footprint for the ground lease consists of a 12,000-sf area on the Civic Park site, as shown in Exhibit B, Civic Park Master Plan. The BGCSC will own and have the option to propose a plan to accommodate a 20,000-sf new construction building onsite, with the addition of required infrastructure improvements, utilities, landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease. This will need to be consistent with the adopted Civic Park Master Plan (see Exhibit B) and the Civic Park Design Guidelines (see Exhibit Q. As used in this Lease, the term "Improvements" shall mean all buildings, driveways, infrastructure improvements, utilities, landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease and made to the Property by the BGCSC. 1.2 Use of the Property. 1.2.1 Allowed Uses of the Pro e by the BGCSC. Except as otherwise provided herein, the BGCSC shall use the Property for the purpose of operating a non-profit community resource center serving the needs of the local youth members of the community. 1.2.1.1 Notwithstanding the foregoing, the BGCSC may from time to time utilize portions of the Property for revenue -generating activities including, but not limited to, rentals and events; provided, that all revenues generated therefrom are utilized by the BGCSC exclusively for the purposes set forth in Section 1.2.1, above. CES\21798\0001 \01198017.v 1 Packet Pg. 115 9.1.d 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds may be given access to the building so it may offer recreational and other programs to the public. A separate operating agreement will be created to determine City use and City funding. The City will be allowed use as mutually agreed upon with the Lessee. The City and the BGCSC agree to meet on a regular on -going basis to review the schedule and plan for uses for both parties other than what is outlined in this section. The City also will remain the responsible and controlling party for the grounds surrounding the building. The BGCSC acknowledges that the grounds surrounding the building are a public park and shall remain open to the public subject to the City's reasonable regulations related to uses, hours, etc. SECTION 2. TERM 2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on January 1, 2023, and terminating on December 31, 2062, subject to the right of the BGCSC to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the BGCSC for one additional period of fifteen (15) years. 2.2.1 Conditions of Extension. In order for the BGCSC to extend the Lease Term, it shall: (i) not be in material default at the time of providing notice of its Lease Extension and thereafter; (ii) it shall provide written notice of its Lease Extension at least one hundred eighty (180) days prior to the expiration of the Lease Term. 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, the BGCSC shall provide written notice of its intention to exercise the Extension Term. The City and the BGCSC shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the BGCSC shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1 St of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the BGCSC's operation of the BGCSC upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the BGCSC's mission is to enrich the social, physical, and intellectual wellbeing of youth, the City is able to lease the Property to the BGCSC for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. 2 CES\21798\0001\01198017.v1 Packet Pg. 116 9.1.d SECTION 4. BGCSC'S OTHER OBLIGATIONS 4.1 Construction of Improvements. 4.1.1 City Approval and Ownership. The BGCSC shall undertake no demolition, construction, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City to withhold or deny. Consent shall not be unreasonably denied. In applying its discretion, the City shall consider, among other factors deemed relevant by the City Council, the intended uses of the Property as described in Section 1.2 as well as the Property's functionality as a park. The City will allow the BGCSC to consider three (3) options: (1) improve existing facility; (2) add to existing facility; or (3) demolish existing facility and build new facility; however, the proposal must be consistent with the Civic Park Master Plan and Civic Park Design Guidelines and will be subject to City Council approval. The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. Any deviation from approved plans must also be approved, in writing, by the City. Improvements constructed by the BGCSC during the term of this Lease shall be considered the 13GCSC's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by the BGCSC at its option. The BGCSC will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider in a reasonable time frame not to exceed 60 days, and may opt to hold one or more public hearings on the schematic design prior to taking action. The BGCSC agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The BGCSC will also bring forth the design development phase drawings of the facility to the City Council for approval. The BGCSC agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject to City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until the BGCSC obtains and delivers to the City copies of all necessary governmental permits. The BGCSC must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to the BGCSC's occupancy of the Property. 4.1.3 Construction Schedule. The consent to perform work in section 4.1.1 must be given within three (3) years of the signing of this Lease. Construction Work must be completed within three (3) years of the receipt of consent to perform the Work obtained under Section 4.1.1. If construction is begun within one (1) year of the receipt of consent and diligently performed CES\21798\0001 \01198017.v 1 Packet Pg. 117 9.1.d thereafter, the City will grant the BGCSC a one (1) year extension to complete construction, if needed, so long as the BGCSC notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow the BGCSC's construction to commence in a timely manner in which case, the BGCSC shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman -like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, the BGCSC shall deliver to the City complete and fully detailed as -built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.1.4 The BGCSC shall be responsible for all repairs for any and all impacts or damages attributable to the actions of the BGCSC and its invitees to City improvements of Civic Center Playfield and city street right-of-way and agrees to return improvements to their original condition at the start of the BGCSC project, including demolition and construction as deemed acceptable by the City. The BGCCSC shall submit for City review and approval a site access plan detailing how equipment and materials will be moved in and out of the construction site and how excavation, grading and construction adjacent to park and street improvements will minimize impact and prevent damages. 4.2 Maintenance. At all times during the Lease Term and Extension Term, if any, the BGCSC shall reasonably keep and maintain the BGCSC Improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and the BGCSC shall conduct a thorough inspection of the BGCSC Improvements on the Property and City shall inform the BGCSC of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any of the BGCSC Improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch. Prior to entering into the Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Improvements before the Extension Term of the Lease commences 4.3 No Liens. The BGCSC agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which the BGCSC wishes to protest, then the BGCSC shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an event of default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to the BGCSC and the BGCSC shall immediately reimburse the City for any sums so paid to remove any such lien. The BGCSC shall not encumber the Property or any Improvements thereon without prior written approval of the City. The BGCSC shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the City prior to demolition of the 0 CES\21798\0001 \01198017.v 1 Packet Pg. 118 9.1.d existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. The BGCSC must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. The BGCSC is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for the 13GCSC's planned use of the Property. The BGCSC shall be solely responsible for the cost of extending any existing utility lines into the Property. The Property, as made available to the BGCSC by the City, shall include utility access for water, sewer, electrical power and telephone to the edge (back of curb) of the Property. The BGCSC shall be solely responsible for securing all permits and for meeting all requirements necessary to achieve all of the above. 4.5 Ste. Any signs erected by the BGCSC must comply with all local sign ordinances. The BGCSC shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s) unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, the BGCSC will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. The BGCSC shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit the BGCSC to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to the BGCSC performing all of the BGCSC's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, the 13GCSC's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and, if approval is granted, this quiet enjoyment provision shall apply to the BGCSC's sub -lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for the BGCSC's intended uses or the availability of accessible utilities or roadways needed for the BGCSC's intended purposes. The BGCSC has inspected the Property, conducted its own feasibility and due diligence analysis, and accepts the Property in "AS IS" condition, upon taking possession. SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Lease, the BGCSC agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, CES\21798\0001 \01198017.v 1 Packet Pg. 119 9.1.d and/or penalties (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with the BGCSC's use of the Property, or from the conduct of the BGCSC's business, or from any activity, work or thing done, permitted, or suffered by the BGCSC in or about the Property; this includes any act, omission or negligence of the BGCSC, its sub -lessees, or its event space renters; any use, occupation, management or control of the Property by the BGCSC; any condition created in, on or about the Property by the BGCSC, an agent, sub -lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property after the Effective Date; any breach, violation, or nonperformance of any of the BGCSC's obligations under this Lease by the BGCSC, its sub -lessees, or event space renters; any damage caused by the BGCSC, its sub -lessees, or event space renters on or to the Property. The BGCSC's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the BGCSC or its agents or invitees on the Property. As used herein, the indemnification provided by the BGCSC is intended to include indemnification for the actions of the BGCSC and its employees and other agents and all of the BGCSC's sub -lessees, event space renters and all of their respective employees and other agents. The BGCSC's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. The City covenants to protect, save and indemnify the BGCSC, its elected and appointed officials, volunteers, members and employees while acting within the scope of their duties as such, and hold the same harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, brought by the City's employees or third parties on account of personal injuries, death or damage to property arising out of the City's obligations under this Lease or in any way resulting from the willful or negligent acts or omissions of the City and/or its agents, employees or respresentatives. 6.2 Insurance Requirements. The BGCSC shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the BGCSC's operation and use of the leased Property. The BGCSC's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the BGCSC to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by the BGCSC under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, the BGCSC shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy; provided, that the BGCSC shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and Extension Term, if 0 CES\21798\0001\01198017.v 1 Packet Pg. 120 9.1.d any. Insurance shall not be canceled without the City's consent. The City shall also be given copies of the BGCSC's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by the BGCSC and shall not in any way be construed by the carrier to make the City liable for payment of any of the BGCSC's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the BGCSC's insurance and shall not contribute with it. 6.2.4 Company Rating. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days' written notice to the BGCSC, require the BGCSC to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, the BGCSC shall provide and maintain the following types of coverage: 6.3.1 Commercial General Liabilitv Insurance. The BGCSC shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of the BGCSC and the City, insuring the BGCSC and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or occasioned by reason of the operations of the BGCSC. Such coverage shall name the City as an additional insured using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. The BGCSC shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. 6.3.3 Builder's Risk. The BGCSC shall maintain, in full force and effect during construction of the BGCSC's facility described in this Lease, Builders Risk insurance covering interests of the BGCSC, the City, the Contractor, Subcontractors, and Sub -subcontractors in the Work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, 7 CES\21798\0001 \01198017.v 1 Packet Pg. 121 9.1.d vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the Work. 6.4 Waiver of Subrogation. The BGCSC and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Property or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits and/or terms should be changed, the City will give the BGCSC a minimum of thirty (30) days' notice of such determination and the BGCSC shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for the BGCSC's facilities or similar activity centers. The BGCSC shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the BGCSC to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five (5) business days' notice to the BGCSC to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7. DEFAULT 7.1 BGCSC Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the BGCSC: 7.1.1.1 Vacatingthe a Property_. The vacation or abandonment of the Property by the BGCSC for more than thirty (30) days. 7.1.1.2 Failure to Pay Rent. The failure bythe BGCSC to make anypayment of rent or any other payment required to be made by the BGCSC under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the BGCSC. 7.1.1.3 Unpermitted Use. of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property CES\21798\0001\01198017.v1 Packet Pg. 122 9.1.d shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the BGCSC to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the BGCSC, specifically including, without limitation, the BGCSC's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the BGCSC; provided, that if the nature of the BGCSC's default is such that more than thirty (30) days are reasonably required for its cure, then the BGCSC shall not be deemed to be in default if the BGCSC shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. Notice shall specify the portion of the lease the BGCSC has failed to perform. 7.1.2 Remedies in Default. In the event of any default or breach by the BGCSC under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the BGCSC's right to possession of the Property by providing written notice of at least ninety (90) days; 7.1.2.2 Continue the Lease. Maintain the BGCSC's right to possession, in which case the Lease shall continue in effect whether or not the BGCSC shall have abandoned the leased Property. In such event, the City shall be entitled to enforce all landlord's rights and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the BGCSC any and all actual expenses, costs and damages caused in any manner by reason of the BGCSC's default or breach. 7.1.3 Legal Action. If either party commences legal action relating to this lease, its terms, conditions or enforcements thereof, the prevailing party shall be entitled to all reasonable costs and attorney's fees incurred in bringing such action. Venue for any such legal action shall lie exclusively in Snohomish County Superior court. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the BGCSC to the City; provided, that if the nature of the City's obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the BGCSC seeks to be taken by the City to prevent the default. The BGCSC further agrees not to invoke any remedies until such thirty (30) days have elapsed. CES\21798\0001 \01198017.v 1 Packet Pg. 123 9.1.d SECTION 8. REPRESENTATIONS 8.1 Representations of the BGCSC. 8.1.1 The BGCSC is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 The BGCSC's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of the BGCSC. This Lease constitutes the BGCSC's legal, valid and binding obligations, enforceable against the BGCSC in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of the BGCSC's Articles of Incorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the BGCSC, threatened in writing, nor is there any legal determination or injunction that calls into question the BGCSC's authority or right to enter into this Lease or perform the obligations specified in the Lease. 8.1.4 The BGCSC has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with the BGCSC and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and the BGCSC. The City assumes no liability hereunder or otherwise for the operation of the business of the BGCSC. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by the BGCSC to the City. 10 CES\21798\0001 \01198017.v 1 Packet Pg. 124 9.1.d 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and the BGCSC are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the BGCSC intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: And to the BGCSC at: City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attn: City Clerk Boys & Girls Clubs of Snohomish County 8223 Broadway — Ste 100 Everett, Washington 98203 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non -waiver. Waiver by the City or the BGCSC of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or the BGCSC's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their 11 CES\21798\0001 \01198017. v 1 Packet Pg. 125 9.1.d terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 9.10 Headinp-s. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Engagement of Brokers. The BGCSC and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "BGCSC" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 12 CES\21798\0001 \01198017.v 1 Packet Pg. 126 9.1.d 9.18 Non -Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that any such dispute will be submitted to a mediator prior to litigation. The parties agree to exercise good faith efforts to agree on a mediator and to resolve disputes covered by this section through the mediation process. The parties agree that the mediation will be conducted through Judicial Dispute Resolution (JDR) in Seattle. If the parties cannot agree on a mediator, one shall be appointed by JDR. The mediation fee shall be shared equally by the City and the BGCSC. Either party may commence the mediation process by contacting JDR and notifying the other party by mail. The mediation shall become binding upon the parties only upon the execution of a settlement agreement based on the mediator's recommendation. If a party refuses to participate in the mediation process, either by not paying the mediation fees or not appearing for mediation, the Superior Court may issue an appropriate enforcement order or sanction relating to this mediation provision in its discretion. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2015 Lease. The parties hereby terminate the 2015 Lease in its entirety as of the effective date of this Lease. 9.20 Recordinig. A Memorandum of this Lease may be recorded after execution by the parties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and the BGCSC relating to the BGCSC's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: LESSOR: BOYS & GIRLS CLUBS CITY OF EDMONDS OF SNQ COUNTY r Bill Tsoukalas, Executive Director 13 CES\21798\0001 \01198017. v 1 Mike Nelson, Mayor APPROVED BY CITY COUNCIL ON: Packet Pg. 127 9.1.d ATTEST: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Mike Nelson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: 14 CES\21798\0001 \01198017.V1 Packet Pg. 128 9.1.d STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Bill Tsoukalas is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the Executive Director of the Boys & Girls Clubs of Snohomish County, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED; �� ( d G SHE, ❑� Si gyp` PRINTED NAME: U° NOTARY �' NOTARY PUBLIC License No. 9W In and for the State of Washington. N' PL)BLIC Z My commission expires: 2-27-2024 Q 15 CE S\21798\0001 \01198017.V1 Packet Pg. 129 9.1.d u EXHIBIT "A" .y O u- 1 N f � 0 CO N c J I C EXISTING BOYS & GIRLS CLUB BUILDING W 0 Z W W\ i-'�f i i i i i i i i-i--- i i i i Q 0 103'-10" E Co �__ --- L . Q EDMONDS CIVIC CENTER PLAYFIELD BOYS & GIRLS CLUB SITE FOOTPRINT 0 5 10 20 40 NORTH WALKER MACY - FEBRUARY 2023 SCALE: 1 " = 20'-0" Packet Pg. 130 N{�• f l � .f on Packet Pr. 111 EXHIBIT "C" 9.1.d WALKERI MACY LANDSCAPE ;RCH TECTURE M To: Carrie Hite, City of Edmonds Topic: Boys & Girls Club Design Date: 09/11/2018 Guidelines From: Walker Macy Project: Edmonds Civic Center Playfield Project #: P3282.04 SD -CA CIVIC CENTER PLAYFIELD DESIGN GUIDELINES Site Design — Sidewalk Zones and Streetscape Features Intent. To produce a streetscape that is safe, convenient, comfortable and appealing for people on foot. 1. Sidewalk materials and design shall meet and match the surrounding park and the design established in the Civic Center Playfield Master Plan. 2. Amenity Area: Signs, street furniture, lighting, landscaping, etc., shall be located in the amenity area. Requirements for this area are associated with the Civic Field Master Plan 3. Clear Walkway Area: Sidewalk area shall maintain a clear 5 foot dimension for pedestrian travel. Signs, street furniture, planters and other amenities shall not encroach upon the clear walkway area. 4. Storefront Area: Sidewalk area outside the pedestrian travel area may be used for outdoor dining and/or display. Site Design - Service and Storage Intent. To reduce the visual impacts of storage, trash, and service areas. 1. Storage of trash and recycling and other goods shall be included within the building envelope. This standard does not apply to temporary uses such as material storage during construction or street vendors. 2. Any mechanical equipment located on the ground, roof, or wall -mounted and visible from the street, common areas, the park, or a public vantage point shall be screened. 3. All on -site service areas, loading zones, outdoor storage areas and similar activities shall be located in an area not visible from public streets and consider adjacent public spaces. Consideration shall be given to developing common service courts at the interior of blocks. Service areas should accommodate loading, trash bins, recycling facilities, storage areas, utility cabinets, utility meters, transformers, etc. Service areas shall be located and designed for easy 1213 3P.0 AVE. 5L!T6 yo _ I S-ATT_E.'A'A. J6101 Packet Pg. 132 9.1.d Edmonds Civic Center Playfield Design Guidelines 9/11 /2018 Page 2 of 6 access by service vehicles and for convenient access by each tenant. Any emissions of noise, vapor, heat or fumes shall be mitigated. Site Design — Public Spaces Intent. To provide an enhanced pedestrian experience by linking public plazas, courtyards and other gathering spaces. 1. Outdoor gathering spaces should be oriented toward the south (for solar exposure) when possible to create a more comfortable space. 2. Buffer plantings should be a minimum of 12' and align with the Civic Center Playfield plan. 3. Setbacks from the ROW shall meet City Code. Building Design — Prominent Entrances Intent: To ensure that entrances are easily identifiable and accessible from streets and sidewalks. 1. Locate primary entrances so that they are visible from the public right of way. The entry shall be marked by architectural elements such as canopies, ornamental lighting fixtures and/or fixed seating that offer visual prominence. 2. The finished floor of the ground floor shall have the same grade as the street sidewalk and/or adjacent public space and match with the Civic Center Playfield plan. 3. Ground level detail shall reinforce the character and attractiveness of the streetscape, provide pedestrian friendly amenities. Facades shall be designed to be pedestrian friendly through the inclusion of at least four of the following elements: a. Kick plates for storefront windows b. Projecting window sills c. Pedestrian -scale signage d. Exterior lighting sconces e. Containers for seasonal plantings f. Window box planters g. Benches and seat walls along 30% of the length of the facade h. Cafe tables and chairs on the south side of the building. i. Match Civic Center Playfield paving system. j. Brick, tile or stone work on the ground floor facade k. A feature not on the list that meets the intent and is approved by Director. Building Design — Transparency Zone Intent: To provide a visual connection between activities inside and outside of buildings. Packet Pg. 133 9.1.d Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 3 of 6 On all streets: buildings shall include windows with clear vision glass on at least 60% of the area between two and twelve feet above grade for all ground floor building facades that are visible from an adjacent street or public space. If windows are not appropriate, decorative art (such as noncommercial murals or relief sculpture), significant architectural detailing, or wall -covering landscaping may be used, as approved by the COE. Building Design — Treatment of Blank Walls Intent. To soften the visual impact of any wall that does not have windows Any blank wall shall incorporate at least five of the following features: 1. An architectural plinth (a stone or masonry base at least 36" high) 2. Belt course(s) of masonry 3. A Green Wall. For the purposes of this subsection, a "Green Wall" is defined as a vertical trellis or cable/wire net systems installed as part of the building envelope system where climbing plants or cascading groundcovers are trained to cover these specially designed supporting structures (also commonly referred to as biowalls, vertical gardens, modular living walls). A Green Wall should be located in association with a raised planter at least 2 feet high and 3 feet wide integrated into the building design. A Green Wall shall be planted with climbing vines or plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years 4. Recesses at least 4 feet wide and 2 feet deep 5. Overhanging roof 6. Decorative tile work 7. Accent lighting 8. Artwork that does not contain a commercial message 9. Landscape planting bed at least 5 feet wide, or raised planter bed at least 2 feet high and three feet wide, in front of the wall. Such planting areas shall include plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years. The applicant shall utilize plant materials that complement the natural character of the Pacific Northwest; are adaptable to the climatic, topographic, and hydrologic characteristics of the site; and should include native species. 10. Seating (benches or ledges) 11. A feature not on the list that meets the intent, as approved by the City of Edmonds. Building Design — Massing and Articulation Intent. To reduce the apparent bulk of buildings and maintain a pedestrian scale, achieved through consistent building details and proportions on all sides to ensure a `Your -sided" quality to a building and upper -story features that improve the relationship between the upper stories and the street. 1. Buildings 30 feet in height and taller shall distinguish a "base" at ground level using articulation and materials such as stone, masonry, or decorative concrete. Packet Pg. 134 9.1.d Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 4 of 6 2. The "top" of the building shall emphasize a distinct profile or outline with elements such as a projecting parapet, cornice, upper level step back or pitched roofline. 3. The "middle" of the building should be distinguished by a change in materials or color, windows, balconies, step backs and signage. 4. The design of the building shall provide consistent architectural details; colors and materials shall be consistent on all building walls. 5. Upper stories of buildings should maintain an expression line along the fagade-- such as a change of material, projections, or setbacks —to reduce the perceived building mass. Upper floor windows should be divided into individual units and not consist of a "ribbon" of glass. 6. Buildings shall include articulation along all facades Facade details and elements should be integral to the overall building design and should not appear added on. The purpose is not to create a regular rigid solution but rather to break up the mass in creative ways to add visual interest and to reduce a building's apparent scale. To provide interest and variation appropriately scaled to the building and all facades shall incorporate all of the following methods: a. Distinctive roof forms. b. Integrally textured, colored or patterned materials, such as stone or other masonry. c. Windows articulated with mullions, recessed windows, punched windows, etc., as well as application of complementary articulation around doorways and balconies. d. Landscaping: 1. Preferred: A Green Wall. For the purposes of this subsection, a "Green Wall" is defined as a vertical trellis or cable /wire net system installed as part of the building envelope system where climbing plants or cascading groundcovers are trained to cover these specially designed supporting structures (also commonly referred to as biowalls, vertical gardens, modular living walls). A Green Wall should be located in association with a raised planter at least 2 feet high and 3 feet wide integrated into the building design. A Green Wall shall be planted with climbing vines or plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years. 2. Alternative if the applicant can demonstrate to the satisfaction of the City of Edmonds that a Green Wall is not appropriate, alternative landscaping, architectural, or site design feature(s) of equal or better means of satisfying the intent may be allowed. 3. Architectural methods of breaking down the fagade, such as changes of plane or vertical fins. 4. A facade design that provides an alternative method for creating visual interest at the pedestrian level, reducing the perceived building mass, and meets the intent, may be approved by the City of Edmonds. Packet Pg. 135 9.1.d Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 5 of 6 Building Design — Roofline and Roof Mounted Equipment Intent: To ensure that roof forms provide distinctive profiles and interest and to screen rooftop mechanical and communications equipment from the ground level of nearby streets and residential areas. To insure that a buildings mechanical equipment and/or other utility hardware is well screened from public view to enhance the buildings appearance. 1. Mechanical equipment shall be screened by an extended parapet wall or other roof form that is integrated with the architecture of the building. 2. No roofline ridge should run unbroken for more than 80 feet. 3. Mechanical equipment and/or other utility hardware for a building located on the roof, ground or wall mounted on the building, shall be screen from public view with architectural and/or landscape materials, or they shall be located so as not to be visible from any street, common areas, or public vantage point. 4. Screening shall be compatible with the building architecture (materials, color, and scale) and the surrounding landscaping. 5. When using landscaping to screen equipment, plants shall be arranged with a minimum of 50% coverage at time of installation and be able to grow to fully screen or shield the equipment within 3 years. 6. Screening with landscaping shall utilize plant materials that complement the natural character of the Pacific Northwest; are adaptable to the climatic, topographic, and hydrologic characteristics of the site; and that include native plant species whenever possible. Building Design — General Intent: To require additional features to be incorporated into higher density residential development when located adjacent to properties zoned for lower density single-family use in order to enhance the compatibility between uses. Mechanical equipment shall be screened by an extended parapet wall or other roof form that is integrated with the architecture of the building. 1. Incorporate at least four of the following architectural features: a. Recessed Entry b. Dormers c. Higher Quality Materials d. Distinctive Roof Forms e. Upper Level Balconies f. Gables g. Window Patterns h. A feature not on the list that meets the intent and is approved by the City of Edmonds. i. Flat blank walls shall not be visible from the street or common areas, or public vantage point. 2. Exterior cladding shall utilize masonry, concrete, and metal materials and color palette as approved by City of Edmonds for the use within the park. 3. Utilize sunscreens and metal canopies at entries and all glazed openings on south and west facades to match the character and materials of the restroom structures within the park. Packet Pg. 136 9.1.d Edmonds Civic Center Playfield Design Guidelines 9/11 /2018 Page 6 of 6 4. Integrate wood feature elements to match materials used at park shade structure. *Design Standards for the BD Zones remain applicable. Packet Pg. 137 9.2 City Council Agenda Item Meeting Date: 07/5/2023 ARPA Use Ordinance Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The City received money from the American Rescue Plan Act (ARPA) in the amounts of $5.95 million in June 2021 and $5.95 million in June of 2022. The City currently has approximately $8 million of ARPA money remaining. Staff Recommendation Staff recommendation is to approve the Ordinance as included in tonight's packet. Narrative When originally disbursed, the ARPA funds had very tight restrictions as to how they could be spent. Subsequently, the federal government has attempted to lighten the restrictions on these funds. Specifically, recipients may now elect a "standard allowance" of $10 million to spend on government services. Under this option, which was newly offered in the final rule, Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (although not to exceed the award amount) to fund government services. The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss. All recipients, including the City of Edmonds, may elect to use this standard allowance. Under this election, the City would like to propose to use the majority of our ARPA funds in 2023 to pay for fire protection services as provided by South County Fire. This ordinance accomplishes that goal, while at the same time leaving intact the spending categories approved by Council as part of the 2023 budget adoption. A budget amendment will be brought forward later this month to provide final budget authority. Attachments: ARPA ordinance for Use of ARPA on Fire Contract Packet Pg. 138 9.2.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE 4289, REALLOCATING THE CITY'S AMERICAN RESCUE PLAN ACT (ARPA) FUNDS, CREATING A NEW FUND, TRANSFERRING MONEY INTO THAT FUND AND DESIGNATING THE USE OF THOSE FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE m U c c� c �a L WHEREAS, state law requires an ordinance be adopted whenever money is O as transferred from one fund to another; and a a W WHEREAS, the City would like to simplify its accounting of American Rescue a Plan Act (ARPA) funds, by using a large portion of the ARPA funds to pay for the City's fire and emergency services contract with the South County Regional Fire Authority; and WHEREAS, the City desires to establish a new General Fund sub -fund entitled "Special Projects Fund" for the purpose of segregating revenues to be used for special projects from time -to -time, and WHEREAS, the City Council would like to identify how the Special Projects Fund should be allocated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2 of Ordinance 4289, which allocates money from the Edmonds Rescue Plan Fund, is hereby amended to remove most of the allocations in light of the Special Project Fund allocations identified in Section 5, below. Section 2 of Ordinance 4289 will continue to reference the only allocations remaining in the Edmonds Rescue Plan Fund and shall read as follows: Packet Pg. 139 9.2.a Section 2. The City Council hereby allocates from the Edmonds Rescue Plan Fund the various dollars amounts below for the various purposes described below. There shall be kept by and under the direction of the Administrative Services Director, such books, accounts and records as are necessary to control and report the ARPA-eligible expenditures, and shall further subdivide the cash account thereof into eight separately designated accounts as follows: C. Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which $434,500 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1. Small Business Support. Up to $434,500 including up to $250,000 in 2023 for direct grants to small businesses most affected by the COVID-19-related economic recession. Grants will take the form of individual financial support grants (in the form of loans that are forgivable after four months of performance). Maximum individual grant amounts will be $25,000 in each year. Eligibility criteria for these grants will include: a. Small businesses in Edmonds with zero to 30 employees. b. Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities D. Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support" account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds nonprofit organizations that have suffered substantial financial losses due to prolonged closures, cut -backs, loss of business, etc. the final $79,500 of which shall be available in 2023. A general call for requests will be issued, with requests reviewed competitively and awards based on relative need, likelihood to help an organization survive, and g Packet Pg. 140 9.2.a other sources of funds available. Small grants of up to $20,000 and totaling no more than $79,500 shall be approvable by the Mayor. I. Account "I" shall be the "Lost Instructional Time Mitigation Program" account into which $210,000 from the ARPA funds shall be allocated to provide funds to the Edmonds School District to be used to mitigate lost instructional time by paying salaries of employees at three elementary schools c who would otherwise not be retained. These three employees will allow the c� �a L Edmonds School District to provide additional support for students' social, O emotional, and mental health needs. a� a a a The remainder of the Edmonds Rescue Plan Fund shall be transferred to the General Fund as part of the city's standard allowance for lost public sector revenue under the Department of the Treasury's Coronavirus State & Local Fiscal Recovery Funds Final Rule. Section 2. The City Council hereby allocates from the General Fund up to $8 million to be used for the City's contract for fire and emergency services with South County Regional Fire Authority, as part of the city's standard allowance for lost public sector revenue under the Department of the Treasury's Coronavirus State & Local Fiscal Recovery Funds Final Rule. Section 3. The City Council does hereby request that the Administrative Services Director create a new General Fund sub -fund for the purpose of allocating money to be used for special projects, and to call the sub -fund the Special Projects Fund. Packet Pg. 141 9.2.a Section 4. The City Council approves the transfer of up to $8 million from the General Fund to the new Special Projects Fund, which transfer shall be reflected in a forthcoming budget amendment. Section 5. The City Council hereby allocates from the Special Projects Fund the various dollar amounts below for the various purposes described below. There shall be kept by ci U L and under the direction of the Administrative Services Director, such books, accounts and records O a� as are necessary to control and report the expenditures, and shall further subdivide the cash account a thereof into eight separately designated accounts as follows: a A. Account "A" shall be the "City Expenditure Reimbursement" account into which $1,441,000 of the ARPA funds shall be allocated to reimburse City expenditures associated with responding to the COVID-19 health emergency and any resurgences in the future, including staffing, equipment, and supplies related to maintaining a safe workplace for employees and the visiting public, as well as necessary capital investments, such as enhancements to HVAC filter upgrades, etc.. B. Account `B" shall be the "Edmonds Rescue Plan Household Support" account into which $2,250,000 shall be allocated to reimburse those City expenditures incurred through administration of the following programs: 1. Household Support. Grants to households for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Households may receive grants of up to $2,500 in 2021 and 2022 amounting to a total Household Support expenditure of $1,000,000 in each of 2021 and 2022. Households may receive grants of up to $2,500 in 2023 and 2024 amounting to a total Household Support expenditure of $500,000 and $420,000 in each of 2023 and 2024 respectively. The authority to spend Household Support funds in a given year, as set forth in this subsection B.1, is hereby extended from 2023 to 2024 into the Packet Pg. 142 9.2.a following year in the event that the City was/is not able to disburse the entirety of those Household Support funds during FY 2023. 2. Housing Repair. Up to $50,000 for one-time grants to households in amounts up to $5,000 for housing repair, especially focused on energy - saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. 3. Up to $5,000 to reimburse residents for Orca Card Expenditures in 2023 To be eligible for grants, with the exception of the Orca Card reimbursement, households must meet at least one of the following criteria: 1) earn no more than 60% of Edmonds Median Income, with priority given to households earning at or below 40%; or 2) qualify for assistance under one of the listed programs on the US Department of Treasury Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program, as an "impacted or disproportionately impacted household or community." To be eligible for the Orca Card reimbursement, applicants must be a resident of the City of Edmonds. C. Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which $415,000 shall be allocated to reimburse those City expenditures incurred through administration of the following programs: 1. General Business Support. Up to $161,000, including up to $50,000 in 2023, and 2024 for general support of Edmonds small businesses, business districts and the overall business community. This includes such programs as the Edmonds Business Booster website and its programs and promotion; promotion of business districts outside Downtown through advertising, wayfinding, signage; business -support or promotional events, etc. 2. Tourism Support. Up to $255,000 including up to $75,000 in 2023 and $55,000 in 2024 for support of tourism promotion. This includes enhanced local and regional advertising, support of events and special promotions, investment in facilities and/or equipment, etc. g Packet Pg. 143 9.2.a D. Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into which $390,000 shall be allocated to provide financial aid to working adults who seek skills training, certifications, completion of degrees or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5,000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be �a L authorized to enter into the corresponding contract(s) with participating O a� colleges serving Edmonds residents. D a F. Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" a account in which up to $3,900,000 shall be allocated to reimburse City capital expenditures through 2026 associated with green infrastructure projects, such 0 as: v as L I . Lower Perrinville Creek Realignment. Retention and treatment of surface U- r- 0 storm water runoff in the Perrinville Creek drainage basin, intended to a reduce stormwater surge flows and enhance the quality of stormwater a reaching Puget Sound. Not to exceed $1,500,000. N 2. Green Streets and Rain Gardens. Enhance existing streets throughout `o Edmonds by adding features that retain and/or treat stormwater runoff to c reduce stormwater surges and contaminants that reach Puget Sound. c L Similarly, rain gardens in association with streets, parks and other public 0 a facilities may be established for these same purposes. No funding is a provided for this project in 2023. as 3. 96th Right of Way Improvements. This project is required as mitigation E U for the Civic Park project to treat stormwater on another site within the a same watershed. Not to exceed $450,000. 4. Yost/Shell Creek. The study is the first phase in addressing the pedestrian system, Shell Creek water quality and health, and provides required permitting for bridge repairs and improvements. Not to exceed $120,000. Packet Pg. 144 9.2.a 5. Electric Leaf Blower Program. This program allows for reimbursement of up to $200 for the purchase of electric leaf blowers for residents and businesses of Edmonds upon turning in their gas -powered leaf blowers. Not to exceed $50,000. 6. Supplemental Environmental Impact Statement. Up to $250,000 is provided to fund an SEIS process for the Highway 99 Subarea. a) U c All infrastructure projects and their associated budgets shall be presented to City �a L Council for review and approval. O G. Account "G" shall be the "Edmonds Rescue Plan Police Support" account into a� which $1,350,000 shall be allocated to reimburse City expenditures associated a a with public safety and police support for calendar year 2023, such as: 1. Expansion of the Criminal Investigations Division. Not to exceed $293,850 0 a� L 2. Patrol Support. Not to exceed $420,000 U_ 3. Purchase of new patrol cars. Not to exceed $630,000. c 0 a H. Account "H" shall be the "Edmonds Rescue Plan Parks Support" account into a which $986,025 shall be allocated to reimburse City expenditures necessary to support and maintain two significant new projects slated for completion in N c early 2023: Civic Park and Highway 99 roadway improvements. Funds will be available for items, including, but not limited to: supporting personnel, c c �a equipment, vehicles, trailers, supplies, training, uniforms, and traffic control L 0 plans. a Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Packet Pg. 145 9.2.a APPROVED: MAYOR, MIKE NELSON ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M- 1 JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. a Packet Pg. 146 9.2.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the th day of July, 2023, the City Council of the City of Edmonds, passed Ordinance No. XXXX. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CERTAIN PORTIONS OF U ORDINANCE 4289, AS A RESULT OF UNANTICIPATEED TRANSFERS AND EXPENDITURES OF VERIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME 0 EFFECTIVE a The full text of this Ordinance will be mailed upon request. a DATED this day of , 2023. Packet Pg. 147 9.3 City Council Agenda Item Meeting Date: 07/5/2023 Consolidated Approach for 2024 Comp Plan Update and Highway 99 Subarea Plan Staff Lead: Planning Department: Planning Division Preparer: David Levitan Background/History The City of Edmonds is required to complete the periodic update to its Comprehensive Plan by December 31, 2024. After an unsuccessful attempt to secure a consultant team in Summer/Fall 2022, the city issued a revised Request for Proposals (RFP) for consultant assistance on March 30, 2023 (Attachment 1), with a closing date of April 21, 2023. The RFP was noticed publicly and distributed through the Municipal Research and Service Center's (MRSC) consultant roster. An update to the RFP was issued on April 6 to extend the due date to April 27 and to clarify that preparation of full Environmental Impact Statement (EIS) under the State Environmental Policy Act (SEPA) would be required (the most recent full EIS is from the 1995 update), as opposed to the Supplemental EIS (SEIS) originally identified in the RFP. The RFP also included the preparation of an Economic Development Plan and an optional task to prepare an SEIS for the Highway 99 Subarea, both of which were approved in the 2023 city budget. The city received four proposals by the April 27 deadline. Two of the four proposals included the optional Highway 99 SEIS task, while the other two did not. Proposals were scored and ranked by Planning and Development Director Susan McLaughlin, Community Service and Economic Development Director Todd Tatum, and Planning Manager David Levitan, with the top two firms interviewed on May 9. All three staff members ranked the proposal/presentation from the team lead by VIA Architecture as the top proposal, and the city began negotiating a scope of work, schedule, and outreach strategy with VIA in mid -May. The 2024 Comprehensive Plan Update is a significant undertaking covering a wide variety of topics, including housing, land use, economic development, urban design, natural resources/critical areas, neighborhood centers, waterfront issues, climate change, community/culture, and transportation (previously approved by Council under a separate contract and scope of work). Funding for the Comp Plan Update and the associated Highway 99 process is provided by the following sources: $300,000 for the Comp Plan Update (2023 Budget Decision Package 21) $75,000 for the Economic Development Plan/Element (2023 Budget Amendment 50) $125,000 periodic update grant from the Washington State Department of Commerce $250,000 for the Highway 99 SEIS (2023 Budget Amendment 56-1) Staff Recommendation Packet Pg. 148 9.3 No formal action is required. Council is requested to review and provide feedback on the approach and scope of work (Attachment 2) from VIA Architecture, including its recommendation that the Highway 99 SEPA analysis be incorporated into the Comprehensive Plan EIS. Staff is proposing to further discuss the proposal at the Council's July 11 Public Safety, Planning, Human Services and Personnel Committee, before bringing it back to the full Council for potential approval of the contract on July 18. Narrative The proposed scope of work includes a significant amount of community engagement (including a Community Champions Steering Committee) and a major focus on illustrative and graphic -rich processes and materials, which is one of the main assets of selecting an architecture/urban design firm as the prime consultant. A series of meetings are planned at the neighborhood level, which will allow for targeted input and feedback on important topics such as neighborhood commercial uses, middle housing, and environmental impacts. In preparing their scope of work, the VIA team's SEPA subconsultant (Herrera Environmental) reviewed the public comments and Council discussions for the Highway 99 Planned Action 5-year update that ultimately lead to funding for a Highway 99 SEIS in the 2023 budget. When reviewing the statutory requirements and best practices for preparing an SEIS, the VIA team concluded that the SEPA analysis for the Highway 99 Subarea Plan would be better integrated into the Comprehensive Plan Update EIS, as opposed to being conducted through a separate SEPA process. The rationale for this approach is included in Attachment 3, and a member of the consultant team will be available via Zoom on July 5 to answer questions from Council. The preparation of one comprehensive EIS would allow the city to take a citywide approach to accommodating expected growth over the 20 years, identifying potentially significant environmental impacts, and ensuring that adequate mitigation measures are proposed for the entirety of the city. The areas highlighted in red in Attachment 2 identify the specific tasks, engagement efforts, and deliverables related to the Highway 99 SEPA analysis. Staff is currently working to align the scope of work and outreach strategy for the Comp Plan Update with other planned and potential projects, including the Transportation Plan Update, Reimagining Neighborhood and Streets, Climate Champions, and Highway 99 Landmark Site master planning. Council feedback is requested so that the city can finalize the Comp Plan Update scope of work and complete this important work by the December 31, 2024 statutory deadline. Attachments: Attachment 1 - Comp Plan Update RFP Attachment 2 - VIA Draft Scope of Work Attachment 3 - Highway 99 SEPA Approach Packet Pg. 149 9.3.a CITY OF EDMONDS 121 51h Avenue North Edmonds, WA 98020 Request for Proposals (RFP) "Everyone's Edmonds" 2024 Comprehensive Plan Update SUMMARY Mike Nelson, Mayor The City of Edmonds seeks proposals from qualified consultants to assist with the periodic update to its Comprehensive Plan, which must be adopted by December 31, 2024 to be consistent with the Growth Management Act, Vision 2050 Growth Strategy, Snohomish County Countywide Planning Policies, and other local plans and policies. The consultant team should be multi -disciplinary, which may be a single firm or a consultant team consisting of individuals and/or firms with specialized expertise. The city's preference is for proposals that cover the entirety of services identified in the RFP, but proposals for individual components will also be accepted. The city is looking to develop a comprehensive, consistent, and culturally relevant plan that will guide the City's decision -making and development through the year 2044. The project is expected to begin in April 2023 be completed by December2024. To be considered, proposals must be submitted by 5:00 pm on April 21, 2023. Edmonds is a city of about 43,000 people located in south Snohomish County on the western shores of Puget Sound approximately 11 miles north of Seattle. Situated within the urbanized Puget Sound region, the city encompasses approximately 8.9 square miles, including five lineal miles of marine shoreline. In the time since the city completed its last periodic update in 2015, Edmonds was designated as a High -Capacity Transit (HCT) community in PSRC's Vision 2050 regional growth strategy, which shifted expectations on future growth. Per the Snohomish County growth targets adopted in early 2022, the city is projected to grow by approximately 13,000 residents and 3,000 jobs by 2044. Whereas the city was projected to have surplus capacity for both population and employment through the year 2035, the city is now projected to have a 2044 deficit of approximately 4,000 people and 500 jobs based on current zoning, which will need to be addressed through the periodic update. Translating this population growth to needed housing units in a way that meets the affordability/income requirements of House Bill 1220 will be another major component of the periodic update. The city undertook a community visioning exercise in Summer 2022 that resulted in the preparation of a draft vision statement and supporting values, which are currently being vetted by the community and will provide the foundation for the periodic update. A series of value statements or guiding principles are expected to provide the transition between the vision and the comprehensive plan. The involvement of residents, property owners, business owners, and other stakeholders in updating the Comprehensive Plan is critically important. Robust community involvement, especially with historically under- represented communities, is particularly important and should utilize the Equitable Engagement Framework. PROJECT BUDGET The initial budget identified for this project is $400,000. The city is finalizing a separate contract with a transportation consultant to prepare an update to its Comprehensive Transportation Plan, which will be provided to the selected consultant to coordinate project planning and outreach and will serve as the Transportation Element of the Comprehensive Plan. The City has additional funding available for the preparation of a Supplemental Environmental Impact Statement (SEIS) for the Highway 99 Subarea Plan Planned Action Area (Optional Item 4 under Project Description and Work Plan) that it may choose to utilize with the selected consultant, depending on consultant interest and qualifications. Proposals should indicate a consultant's interest in this optional task as well as a preliminary scope, which would be further negotiated during the professional services agreement process. Packet Pg. 150 9.3.a DURATION OF SERVICES The expected timeline for this update is to begin in April 2023 with a completion date of December2024. BACKGROUND DOCUMENTS AND MATERIALS In developing a proposal for the periodic update, supporting documents to consult include: • The Comprehensive Plan Gap Analysis completed in Summer 2022, which evaluated existing gaps in the comprehensive plan related to equity and climate change, which will be two primary areas of focus for guiding the city's growth over the next twenty years. • The Equitable Engagement Framework completed in 2022, which should be reflected in the community engagement plan prepared for the project and guide outreach activities for the update. • The 2023 Edmonds Climate Action Plan approved by the City Council in March 2023, which establishes a goal and supporting strategies for the city to achieve carbon neutrality by 2050. • Potential options for the Edmonds waterfront identified in the Edmonds Waterfront Issues Study, including the future of the Edmonds Marsh and the former Edmonds Crossing project. • The 2018 Housing Needs Study and 2021 Citizens' Housing Commission Policy Recommendations, which addressed topics such as middle housing, accessory dwelling units, and potential zoning changes. • The city's Reimagining Neighborhoods and Streets project, which envisions what the streets of tomorrow will look and feel like. • The 2022-2027 Parks, Recreation and Open Space Plan adopted in June 2022. • The Shoreline Master Program, most recently updated in 2019. • Highway 99 Subarea Plan and Planned Action EIS • Revisioning Westgate: A District Plan and Form -Based Code (Draft) • Five Corners Alternatives Analysis and Fact Sheet PROJECT DESCRIPTION AND WORK PLAN The project has three main parts, summarized below, with the option for the aforementioned Highway 99 SEIS. A more detailed scope of work would be negotiated as part of the professional services agreement. 1. Community engagement: o Develop a community engagement plan consistent with the city's Equitable Engagement U_ Framework, which recommends the use of a structure and compensation model that can attract m voices not typically heard in the comprehensive planning process. o Utilize a "Community Champions" Steering Committee composed of a diverse set of stakeholders CL with a focus on historically underrepresented communities, to ensure that the plan's engagement c strategy, as well as its goals and policies, are equitable and inclusive. The city has developed (L partnerships with a number of organizations that will be shared with the consultant team. Q- o Plan, host, and provide materials for up to two neighborhood meetings in each of the six �o neighborhood commercial areas (Downtown/Waterfront, Perrinville, Five Corners, Westgate, Firdale, and Highway 99/Lake Ballinger) which will provide the community feedback for the It, illustrative visions described below. o Undertake specific engagement efforts related to economic development, including outreach to low-income residents and small businesses at risk of displacement and gentrification. o Prepare a series of online surveys, story maps, and community events to solicit community feedback on topics including housing, economic development, urban form, capital facilities, utilities, and environmental quality/natural resources. o Prepare and produce high -quality, illustrative public outreach materials describing facts, findings, analysis, and alternatives for public meetings, open houses, the city webpage, social media posts and public hearings. o Include up to six works sessions and two public hearings with both Planning Board and City Council. Packet Pg. 151 9.3.a 2. Prepare a Supplemental Environmental Impact Statement (SEIS) that includes: o Issuance of a Determination of Significance (DS) and scoping document, review of scoping public comments, and hosting of a scoping public meeting during the 30-day comment period. o An analysis of different growth alternatives for achieving the city's population, housing unit, and employment growth targets in a manner consistent with Vision 2050, HB 1220, adopted 2023 state legislation, countywide planning policies, and local plans and policies. o An analysis of potential infrastructure and capital facilities constraints, including parks, transportation, sewer/water conveyance, and wastewater treatment capacity. o A focus on the city's ability to adapt to and mitigate the impacts of climate change. 3. Deliver draft and final versions of an updated Comprehensive Plan, supporting documents and implementation item, including the following tasks: o Review relevant background documents (identified above). o Prepare background analysis, graphics/figures/tables/infographics, and other materials that can: 1) frame the discussion of specific Comprehensive Plan topics and 2) serve as updated introductory narrative and graphics for each element as well as the Purpose and Scope, State and Regional Context, and General Background sections of the existing plan. o Prepare an Economic Development Plan that includes: i. A SWOT analysis and assessment of the city's economic role in the region consistent with the city's draft vision statement, including potential targeted industries. ii. Provides an equity analysis focused on the economic well-being of the city's residents, specifically those in the extremely low, very low, and low income levels. iii. Assesses displacement and gentrification risks. o Prepare a Housing Needs Analysis that identifies the city's ability to meet its 2044 growth targets across different income levels and housing unit types and any needed changes to its zoned capacity to comply with House Bill 1220. As part of this analysis, review the city's 2018 Housing Needs Study, Housing Commission Recommendations, House Bill 1220 requirements and any housing -related bills approved as part of the 2023 state legislative session. o Based on the community feedback discussed in Item 2, prepare illustrative subarea visioning graphics for the six identified neighborhood commercial areas that can provide the foundation for future subarea planning efforts and build upon existing goals and policies in the Land Use and Economic Development elements. o Create preliminary pro formas for different middle housing types and neighborhood commercial areas. o Work with city staff, the Steering Committee, and Planning Board to draft changes to existing individual Comprehensive Plan elements, not including the Transportation element, as well as any statutory requirements that come out of the 2023 legislative session. The consultant shall have the primary responsibility for editing and writing a cohesive document supported by information in existing records, new plans and studies, data analysis, public input, best practices, and successful application in other jurisdictions. o At a minimum, the plan should include the following existing elements: i. Community Sustainability v. Community Culture and Urban Design ii. Land Use vi. Utilities iii. Housing vii. Capital Facilities iv. Economic Development o Prepare materials for and attend public meetings and hearings with the Steering Committee, Planning Board and City Council. o Review Edmonds Community Development Code and draft a memo of recommended and required changes thatare consistent with comprehensive plan policies, Department of Ecology requirements, and Department of Commerce guidance. Depending on recommended changes, city staff may finalize code amendments or add additional services to the consultant's contract. a U_ m r a c a OM E 0 U Packet Pg. 152 9.3.a 4. Highway 99 Subarea Plan SEIS (Optional Task) o In August 2017, the City Council adopted a Planned Action Final Environmental Impact Statement (FEIS) for the Highway 99 Subarea Plan that established planned action development thresholds and potential mitigation measures for up to 3,325 residential units, 1.6 million square feet of non- residential uses, and 2,755 PM peak hour trips. o Staff provided a Planned Action Five -Year Review in October 2022. o In response to public comments from local residents that the EIS did not evaluate adequate alternatives or the full scale of potential environmental impacts from the preferred alternative identified above for topics such as traffic, pedestrian safety, stormwater, bulk/massing, air quality, environmental justice and displacement, the City Council directed staff to prepare a Supplemental Environmental Impact Statement (SEIS). They subsequently provided up to $250,000 in funding through the 2023 budget. o The city is now seeking consultant assistance to review the existing Planned Action FEIS and develop a SEIS and public engagement plan to evaluate the existing FEIS and identify any needed changes. o Staff would prefer to complete in coordination with the Comprehensive Plan Update and is soliciting options proposals under this RFP. o The city also welcomes proposals from firms interested in just the Highway 99 Planned Action SEIS optional task. o Should the city not receive any interest and/or qualified proposals in response to this RFP, it will issue a separate RFP for the SEIS project. The City will contribute its expertise, relevant documents, and historical knowledge about the issues to be addressed. A small City team, with input as needed from several departments, will provide information, support, possible GIS assistance, and overall guidance for the project. The City will schedule public meeting sessions (whether virtually or in -person) at which the consultant will present information. The city will provide a brand book with fonts, colors and logos. QUALIFICATIONS The ideal consultant team for this project will have strong housing policy, urban design, environmental planning skills, and inclusive outreach expertise. Knowledge of applicable state laws, including the Growth Management Act, is expected. Prior experience in working with small to mid -size cities, government agencies, and tribes will be useful. (NOTE: The consultant team may include subconsultants that provide specific assistance.) CRITERIA The City will use the following criteria in evaluating each proposal: Criteria Points Project Approach 0-25 Clarity and responsiveness to City's RFP 0-15 Team's environmental experience/expertise 0-15 Team's urban planning experience/expertise 0-15 Team's ability to communicate effectively 0-15 WMBE consultant (prime or sub) 0-5 References and past performance 0-5 Experience working with similar communities 0-5 MAXIMUM POINTS 100 a LL m a c a a E 0 tU Packet Pg. 153 9.3.a SUBMITTALS Submittal Information One electronic copy of the proposals shall be submitted via email to planning@edmondswa.gov. The deadline for proposals for this project is April 21, 2023, by 5:00 PM. Proposals should be limited to the equivalent of 30 pages total, including a cover letter. (Exception: The applicant may include excerpts or links from past work that is not subject to the equivalent of 12 pages total.) The following format and content shall be used: A. Cover letter/ executive summary: A cover letter must be submitted with the proposal. The cover letter should indicate the full name and address of the respondent that will perform the services described in this RFP. The proposal must indicate the name and contact information for the individual who will be the senior contact person for this engagement. The cover letter must include identification of any and all sub- consultants. A person authorized to bind the proposer to all commitments made in the proposal must sign the letter. (2 page maximum) B. Knowledge of the Edmonds Community — The respondent should furnish a narrative of how the respondent is familiar with Edmonds. The narrative should identify past planning -related experiences in the city and region. (2 page maximum) C Experience and Qualifications —The respondent should clearly state relevant skills and experience in a manner that demonstrates its capability to complete the Scope of Work. If applicable, please highlight projects in which members of your proposed project team have worked together. Consultants should highlight their qualifications and experience (i.e., relevant case histories, including government organization experience with sufficient detail, information and/or access to online demos or examples). Consultants should demonstrate their knowledge of best practices in the process of plan creation. The response should include a list of up to five references/clients including names, addresses, phone numbers, and principal contacts in which the consultant has provided similar planning services. (10 page maximum) D. Approach —The respondent shall set forth its overall approach to creating a vision and the technical plans to meet the requirements of the RFP. This should convince the committee that the respondent understands the objectives that the engagement is intended to meet, the nature of the required work and the level of effort necessary to successfully complete the project. The respondent should also set forth a detailed work plan indicating how each task in the scope of work will be accomplished, including an outline of proposed work and a timeline for key milestones and completion of the Scope of Work. (2 page maximum) E. Projected Costs/Budget — The respondent should provide a detailed matrix of estimated costs to provide the services. Such costs should be presented in a budget format that itemizes actual expenses for marketing, administration, and creative services. Costs should not exceed the budget of $400,000. (4 page maximum) F. Organization — The respondent should include an organizational chart including all key team members, their resume, and the amount of time each member will spend on this engagement, based on a forty- hour workweek. If the respondent is a "joint venture", there must be included a clear statement of responsibility associated with each member and/or entity of the joint venture. (10 page maximum) SELECTION PROCESS The submitted proposal is the basis from which interested firms will be selected. At the City's option, firms or teams may be invited to make oral presentations before the City's evaluation panel, which would occur on April 27 or April 28. The City's representative will provide additional details outlining the preferred content of the presentation to each firm or team that is invited to participate. Upon completion of the evaluation, the City's evaluation panel will determine the most qualified firm based on all materials and information presented. The city is looking to select a firm and begin negotiating a final scope of work by early May 2023. Packet Pg. 154 9.3.a FINAL SCOPE OF WORK The final scope of work will be developed with the top candidate for this project as part of a professional services agreement. QUESTIONS AND UPDATES Any questions must be submitted by email to planning@edmondswa.gov. Substantive responses to questions will be available to all interested parties. Any updates to the RFP will be posted on the City website: https://www.edmondswa.gov/doing business/bids rfp s and rfq s. REMINDERS General Any firm failing to submit information in accordance with the procedures set forth in the RFQ may be subject to disqualification. The City reserves the right to change the qualifications schedule or issue amendments to the RFP at any time. The City reserves the right, at its sole discretion, to waive material irregularities contained in the proposal. The City reserves the right to reject any and all proposals at any time, without penalty. The City reserves the right to refrain from contracting with any respondent. Firms eliminated from further consideration will be notified electronically by the City as soon as practical. Americans with Disabilities Act (ADA) Information The City of Edmonds in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing Debbie Rothfus at devserv.admin@edmondswa.gov or by calling(425) 771-0220. Title VI Statement The City of Edmonds, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Packet Pg. 155 9.3.b VIA - A PERKINS EASTMAN STUDIO CITY OF EDMONDS COMPREHENSIVE PLAN UPDATE SCOPE OF SERVICES May 2023 Phase 1 Project Management, Meetings and Community Engagement Task 1 Project Management and Meetings Task 1.1: Project Management: The Project Manager acts as the point person that coordinates with the City/Steering Committee regularly to address data needs, coordinate review meetings, and other issues as needed. The Project Manager will coordinate with subconsultants to ensure consistency in the products and coordination of scope items under their purview. The Project Manager will attend bi-weekly meetings to provide progress reports. This budget assumes 1.5 Consultant attendee for approx. 32 meetings for the 18-month period. Deliverables • Project Schedule updates per scope document • Project Management meeting action items, and minutes Task 1.2: Meetings with Planning Board: The consultant team will coordinate with City staff for up to five meetings at strategic milestones to keep the Planning board abreast of Plan progress, debrief on community engagement events, and prepare for upcoming events. Select key members of the consultant team will attend all meetings, with other members attending as appropriate. Meetings will be held in -person or virtually, depending on the preference of the Board. For each meeting, consultants will prepare a presentation (as per planning phase) and a meeting summary, identifying relevant information shared during the meeting and board's feedback for subsequent incorporation of comments into deliverables. Assumptions • The City of Edmonds Planning and Economic Development Staff will assist the Consultant in preparation of agendas for Planning Board. • The City of Edmonds will conduct follow ups as needed with individual Board members. Task 1.3 Meetings with City Council: The Consultant will brief the City Council on Comprehensive Plan progress at two milestones before the public hearing. First, City Council will be briefed at the end of Task 4 to review high level Plan and Policy alternatives and then second, during Task 8 to review draft comprehensive plan document. Packet Pg. 156 9.3.b VIA - A PERKINS EASTMAN STUDIO Task 1.4 Coordination with Transportation Plan Update: The consultant will coordinate with the City's transportation planning consultant team for identified Subtask 7C (Neighborhood Open Houses) and 7D (Planning Board and City Council Meetings) to present a complete vision to the community. Assumptions • The City of Edmonds will support the team in consultant coordination through regular reporting at Project management meetings. • The Transportation Consultant will provide materials for milestone meetings. Task 2 Community Engagement Task 2.1 Community Engagement Plan (CEP) Consultant will develop a community engagement plan consistent with the city's Equitable Engagement Framework to ensure broad participation from constituencies such as: businesses, artists, seniors, youth, social service providers, advocates, low-income residents. The CEP will work with identified City "Community Champions." Organizations to include in the engagement strategy may include: Edmonds Senior Center, Edmonds School District, Edmonds Chamber of Commerce, Communities of Color Coalition, Alliance of Citizens for Edmonds, Edmonds Youth Commission, Compass Housing Alliance, and Edmonds Diversity Commission, Sound Transit, Community Transit and Edmonds College. Deliverables: • Community Engagement Plan, including strategies for working with Community Champions, schedule of meetings, events, and desired collateral. Task 2.2 Neighborhood Community Meetings The Consultant will host up to two focused rounds of neighborhood meetings to address issues and opportunities pertaining to the five neighborhood commercial areas in Edmonds. Neighborhood meetings will be organized to effectively consolidate similar issues and questions, at minimum, meetings will be conducted to gather information building from the existing visioning material and test alternatives/design options. In some cases, and if warranted, smaller commercial centers may be held concurrently. Meetings will be scheduled to provide input before project "milestone" with City Council and Planning Board. Task 2.2.1 Highway 99/Lake Ballinger Sub Area Focused Engagement The team will conduct 3-meetings with Highway 99 community supporting the 6t" Neighborhood Commercial center at Lake Ballinger to coordinate the Sub Area Plan with the Comprehensive Plan, and address community concerns and opportunities 2 Packet Pg. 157 9.3.b VIA - A PERKINS EASTMAN STUDIO Materials will address identified gaps and explore how to best integrate strategies proposed in the Comprehensive Plan process (missing middle, neighborhood commercial, and equity measures) to the Highway 99 sub area. Assumptions • Assumes two rounds of community engagement to be completed within 15 months. • All direct expenses related to community outreach including translation, interpretation, printing, mailers, room rental, online licenses, CBO compensation etc. to be directed to and paid for by the City of Edmonds. • City of Edmonds will provide additional staffing support for neighborhood meetings • Additional and/or alternative touch points with community will be discussed with staff. In this instance, neighborhood meetings may leverage City events, and the City may provide support for logistics and facilitation. Deliverables: • Neighborhood Commercial events and topics (see table below) • Hwy 99 sub area focused sessions (3— meetings) • Consultant attendance, thematic findings; summarized comments Minimum Number and Topics for Community Meetings: Project July -Sept 2023 Oct -Nov 2023 Feb -March Aug -Sept 2024 Oct -Nov Timeline 2024 2024 Overall Phase Visioning and first Existing Plan Alternatives, Draft Public Hearing listening sessions Conditions and Neighborhood Comprehensive Draft goals and Commercial Urban Plan and policies objectives Design Scenarios Waterfront ✓ ✓ ✓ ✓ ✓ Downtown ✓* ✓ ✓ ✓ Perrinville ✓* ✓ Five Corners ✓* ✓ Westgate ✓* ✓ Firdale ✓* ✓ Lake Ballinger ✓* ✓ Highway 99 ✓ ✓ ✓ ✓ ✓ (Task 2.2) *Builds from previous visioning work (Task 2.2) Includes potential staffing by the City (Task 2.2) Associated with Comp Plan EIS (Task 2.4) Associated with Comp Plan EIS (Task 2.4) Personnel assumption: 2 Consultants for neighborhood commercial (1 PE, 1 S+A); up to 4 for Waterfront, Downtown, Highway 99 (PE + S+A) o Est. 2 hours per meeting 3 Packet Pg. 158 9.3.b VIA - A PERKINS EASTMAN STUDIO Task 2.3 Comprehensive Plan EIS Scoping and DEIS Public comments Meetings: The Consultant (led by S+A) will plan and lead outreach meeting(s), prepare materials including presentation, handouts, and forms. The team will plan, staff, document, and report on two (2) project - hosted public hearings for community members to learn about the project and provide formal comments. For planning purposes, one meeting will be in person and the other will be virtual. • Public Hearing (1) • Draft Policy Plan (2) ■ Comment Summaries from two (2) public hearings for Draft plan/DEIS and Final Plan/FEIS (.docx) Task 2.4 Online engagement and Public Material: A community engagement hub through infocommunity.org will be created and linked to City website. The community hub will include online community priority surveys and identify upcoming community events on topics including housing, economic development, urban form, capital facilities, utilities, and environmental quality/natural resources. This budget includes up to four updates to infocommunity.org The infocommunity.org updates will be led by S+A. Public Material will be created for 1) Neighborhood Meetings listed in Task 2.2 and 2.3 2) Planning Board Meetings (4), Economic Development Committee (1) 3) City Council Briefings (2) Assumptions • Team will make use of City "Everyone Edmonds" branded material • The city will lead promotions of community events and other opportunities for engagement. Deliverables: Communications boards including diagrams, illustrations, and graphic visualizations to support public feedback. o Materials will be produced in formats confirmed with City team (VIA), formats will be designed to be reused and circulated in related City media materials (e.g., Facebook, Instagram). o Visual Preference Survey will be made available (VIA) • Community engagement online portal, messaging on community engagement hub with up to four updates. (S+A) • Content for online open houses and/or survey • Support the City in creation of public -facing materials such as: Fact sheet, FAQ housing topic sheet, community priority questionnaire, city-wide mailer (1), neighborhood event invite or poster. (S+A supported by VIA) 4 Packet Pg. 159 9.3.b VIA - A PERKINS EASTMAN STUDIO Task 2.5 Engagement with Community Champions In partnership with the City, the Consultant will work with a "Community Champions" Steering Committee composed of a diverse set of stakeholders with a focus on historically underrepresented communities, to ensure that the plan's engagement strategy, as well as its goals and policies, are equitable and inclusive. For planning purposes, one in person meeting, and up to three virtual "check ins" to support co -created activities/events — in addition to, and/or to supplement planned public meetings. S+A will lead Community Champions events making use of materials developed in Task 2.4. Assumptions: • City will lead the formation of the "Community Champions" Steering Committee, and negotiate compensation model. Phase 2 Project Understanding and EIS Scoping During this Phase, the Consultant team will assess existing conditions including review of economics, urban form, land use, environmental and demographic attributes. This project phase will allow the team to confirm what issues need to be resolved and identify the key opportunities to be explored as options in the next project phase. The Consultant team will prioritize those items identified in the RFP including — a) waterfront vision and public realm strategy, b) housing intensification and coordination with recently adopted legislation, c) transit and land use coordination, d) integration of climate action planning in the Comprehensive Plan and c) harmonization with the Highway 99 Sub Area Plan and PAO. Task 3.1 Project Understanding and Existing Conditions Review Existing Conditions will substantially build from background documentation and materials listed following: Comprehensive Plan Gap Analysis Equitable Engagement Framework 2023 Climate Action Plan Edmonds Waterfront Issues Study 2018 Housing Needs Study Citizens Housing Commission Policy recommendations Reimagining Neighborhoods and Streets Shoreline Master Program Revisioning Westgate: A District Plan and Form Based Code Five Corners Alternatives Analysis and Fact Sheet Highway 99 Lake Ballinger Sub Area Plan and PAO 2022-2027 Parks, Recreation, and open Space Plan Comprehensive Water System Plan (2017) Comprehensive Sanitary Sewer Plan (2013) Storm & Surface Water Management Comprehensive Plan (2010) 5 Packet Pg. 160 9.3.b VIA - A PERKINS EASTMAN STUDIO Snohomish County Solid Waste Management Comprehensive Plan To develop a clear understanding of the City of Edmonds conditions, the team will conduct the following activities: ■ Site visit, and compile photo inventory ■ Data information request memo ■ Develop an ESRI GIS database ■ Conduct targeted one-on-one briefings (up to 5) with City -identified stakeholders to understand market conditions (economic issues) and planning topics such as waterfront issues study, community development, public facilities, transportation, and other. One on one meetings will highlight key city challenges and visioning goals. Meetings will be conducted virtually. ■ The Highway 99 area has a recently adopted Sub Area Plan. Up to (2) one -on -one meetings or small group session (remote) will focus specifically on review of identified challenges and confirm approach in coordination with City staff. Participation in on -on -one meetings may include in addition to the PE team, 1 consultant from Herrera, and Forum. A summary of the meeting will be circulated. Meetings will be conducted virtually. Building from Task 3.1 findings, the team will prepare a draft Existing Conditions memo for the Land Use Plan. The Memo will interpret findings on ■ Environmental and natural systems characteristics based on available information ■ Review and inventory of existing City zoning and legislation associated with housing intensification, and existing buildable lands report ■ Parks open spaces and cultural and historic resources ■ Public Services and utilities approach ■ Waterfront ■ Downtown redevelopment ■ Brief memo on Highway 99; environmental and planning approach to address (MS Word) Task 3.2 Economic Development — Existing Conditions Review Conducted concurrently to the Existing Conditions Review, the team will assess Economic Development and real estate factors contributing to development onditions in Edmonds. Consultant activities will include: ■ Barriers to middle housing collecting data on measures such as the increase in home and rent prices, vacancy rates, household incomes to identify displacement and gentrification risks ■ Assess real estate development patterns for employment uses (office healthcare, commercial, and industrial); remote working trends; employment characteristics and regional growth industries; projected high growth industries in the Puget Sound Region 0 Packet Pg. 161 9.3.b VIA - A PERKINS EASTMAN STUDIO Assumptions and Exclusions • City will provide: o Geographic Information Systems (GIS) geodatabase layers (aerials, streets, zoning, land - use, tax parcels, utilities, public services etc.) o Copies of available land use studies and plans • As applicable, City will consolidate comments and send to the consultant's team • Logistics and planning for one on one, and small group sessions • City will share transportation findings, and direction developed by Transpo Group Deliverables Compiled Draft existing conditions: summary memo (.docx) Draft Vision Document with updated goals for the Comprehensive Plan (.ppx format) • Draft outline of exiting conditions section for EIS Task 4: EIS Scoping Led by Herrera, the Consultant will conduct a SEPA scoping session for the Comprehensive Plan EIS. The budget assumes two conceptual alternatives and the no action alternative for scoping. Deliverables: • Draft Determination of Significance and Scoping Notice for City review (in MS Word) • Revised Determination of Significance and Scoping Notice for City review (in MS Word) • Determination of Significance and Scoping notice for distribution (in MS Word) • Attend public scoping meeting • Review scoping public comments, discuss with the City if there are any new topics that would lead to a change in the purpose and need of the project, alternatives considered, and potential impacts (summary sent via email) • Develop SEPA EIS scoping materials that specifically address Hwy 99 Plan; e.g. incorporation of Hwy 99 PAO into Comprehensive Plan document by reference. Phase 3 Scenario Planning and Plan Alternatives Task 5: Scenario Planning Task 5.1: Creative Analysis and Plan Alternatives: The team will develop options based on the findings in Phase 2. During scenario planning we will develop a GIS model to test land use, zoning, and massing as well as public realm, parks and recreation, policy and urban form options. The options may include plan and/or high-level massing changes and/or the testing of specific program elements. Options will include factors such as the context, land economics, community needs, transportation choices, walkability, environmental resilience, governance, regulations, and partnering opportunities This task will culminate in the selection of a preferred set of strategies and key elements to update in 7 Packet Pg. 162 9.3.b VIA - A PERKINS EASTMAN STUDIO the draft and final comprehensive plan. For purposes of this scope of work a "draft vision" constitutes a high level vignette and/or diagrammatic exploration of a proposed concept. Land Use capacity: conduct land use tests using as inputs; urban form, zoned capacity, use, and market conditions. High level land use model will be prepared to the level of detail required for transportation modeling. Circulation, Placemaking and Urban Design scenarios will be prepared to include explorations of items such as: o Areas of change, focusing on 6-neigborhood commercial centers o Placemaking concepts/opportunity sites o Public realm opportunities o High level mobility characteristics • Develop vision for waterfront with coordination with City of Edmonds Transportation Consultant to address various issues as identified in "Edmonds Waterfront Issues Study" including replacement of the Edmonds' Crossing proposal. • Develop strategy and policy options for integrating Climate Action goals with land use alternatives. Assumptions and Exclusions: Assume minimum of two Alternatives that provide distinguishing features. Each alternative (other than no action) should assume compliance with HB 1220 and 2023 state legislation. Deliverables: • Presentation with options for review by stakeholders and public, including diagrams, graphics, maps and illustrations Package Plan options and strategies for discussion with Planning Board, and City Council • Options and "visions" for neighborhood commercial centers in coordination with Task 5.2 • Draft table of contents and chapter outlines for Draft Comprehensive Plan document (in MS Word) Task 5.2 Draft Economic Development Vision and Strategies Memo • Prepare high level pro forma financial analysis of middle housing types with a focus on ADUs/cottages, attached duplexes to fourplexes, and potentially other types of middle housing of interest to the city. • Prepare high level pro forma financial analysis of neighborhood commercial areas (i.e., small commercial and/or mixed -use projects). Key outputs of the pro forma will include total cost of construction, required sales price or rental rate, area median income required to purchase or rent, commercial affordability, expected levels of demand, key barriers including zoning/regulatory, land availability, and others. • Draft economic development vision and strategies memo: A vision that is consistent with the community's values, based on Edmond's existing assets, industry clusters, and regional growth, and addresses opportunities for lower -income households. W Packet Pg. 163 9.3.b VIA - A PERKINS EASTMAN STUDIO Deliverables: • Presentation for Economic Development Vision and Action Strategy to EDC and Planning Board in a joint session Task 5.3 Highway 99 Approach Memo: Develop high-level strategies and approaches to define relationship to comprehensive plan design goals and principals. Deliverables: • Graphically -rich memo and PowerPoint outlining Hwy 99 approach and high-level design options Phase 4 Comprehensive Plan Draft and SEPA Draft EIS Task 6: Comprehensive Plan Draft — Preferred Option Task 6.1 Comprehensive Plan Draft • Based upon feedback and agreed upon priorities the Consultant will create draft comprehensive plan including a future land use map, zoning map for future action and adoption by the City of Edmonds and Draft policy approaches. Draft chapters will be included outlining policy action on Vision, Land Use, Housing, Economic Development, Urban design, Sustainability + Climate, Equity, Utilities and Capital Facilities. • Based on two community meetings and feedback from Community Champions Streeting Committee, Planning Board and City Council, consultant will submit a brief memo with vision for neighborhood commercial areas and two illustrations each. Task 6.2 Final Economic Development Vision and Strategies Memo Based upon feedback from EDC, Planning Board and City Council, consultant will submit Economic Development Vision and Strategies Memo. It will include pro forma financial analysis for middle housing types and neighborhood commercial areas, and economic development vision and strategies. Task 6.3 Highway 99 Planning Support Documentation Develop Hwy 99 Overlay Zone and/or Design Guidelines approach concurrently with preferred land use options. Assumptions and Exclusions: • Consultant will base their assumptions and analysis for adequacy of utilities and public services provisions for various growth scenarios on existing comprehensive plans for each utility and recommendations from the City. Deliverables: • Draft Comprehensive Plan Document with draft maps (in MS Word) • Economic Development Plan Memo (in MS Word) 0 Packet Pg. 164 9.3.b VA EASTMAN STUDIO • Memo of recommended and required changes in Community Development Code (in MS Word) • Presentation with vision for neighborhood commercial areas (.ppx format) • Draft Comprehensive Plan (including edits/ inputs from City Council, Planning board and Community Champions Steering committee) for distribution (in MS Word and PDF) • Highway 99 coordination Task 7: SEPA Draft EIS Led by Herrera the team will prepare the SEPA Draft EIS. Deliverables: • Draft outline of Draft EIS that includes the No Action Alternative and two Action Alternatives that analyze different growth alternatives. The EIS will analyze potential impacts on at least the following elements: public infrastructure and capital facilities (including water, sewer, and wastewater treatment), parks, transportation, water resources, and climate change (in MS Word). Additional elements may require a change of scope of work depending on complexity. • Revised outline of Draft EIS (in MS Word) • Preliminary Draft EIS for City review (in MS Word) • Draft EIS that incorporate responses to City comments (in MS Word) • Draft EIS for distribution (in MS Word and PDF) • Draft Coordinated and Updated Environmental Review for Hwy 99 Task 8: Public Hearing for SEPA Draft EIS and Draft Comprehensive Plan Deliverables: • Public Material as outlined in Task 2.5 Phase 5 Final Comprehensive Plan and SEPA Final EIS Task 9: Review and Edits Deliverables: Task 9.1 Preliminary Draft for Comp Plan Preliminary draft Final Comprehensive Plan document with maps that incorporates responses to City comments and public comments for City review (in MS Word) Task 9.2 Preliminary Draft for SEPA EIS Preliminary draft Final EIS that incorporates responses to City comments and public comments for City review (in MS Word) Task 9.3 Coordinated and Updated Environmental Review for Hwy 99 Task 10: Final Comprehensive Plan and SEPA Final EIS Deliverables: Task 10.1 Final Comprehensive Plan Document for distribution Task 10.2 SEPA FEIS for distribution Task 10.3 Final coordinated and Updated Environmental Review for Hwy 99 10 Packet Pg. 165 9.3.b VIA - A PERKINS EASTMAN STUDIO Phase 1: Project Management, Meetings and Community Engagement Task 1 Project Management and Meetings $50,000 1.1 Project Management $25,000 1.2 Meetings with Planning Board (5) $13,000 1.3 Meetings with City Council (2) $8,000 1.4 Coordination with Transportation Plan Update $4,000 Task 2 Community Engagement $92,000 2.1 Community Engagement Plan $5,000 2.2 Neighborhood Commercial Area - Community Meetings $31,000 2 2 1 Highway 99/1-ake Ballinger Sub Area Focused Engagement $15,000 2.3 Comprehensive Plan EIS Scoping and DEIS Public Comments Meetings $8,000 2.4 Online Engagement and Public Material $24,000 2.5 Engagement with Community Champions $9,000 Phase 2: Project Understanding and EIS Scoping Task 3 Project Understanding and Existing Conditions Review $50,000 3.2 Economic De Review $5,000 Task 4 i EIS Scoping $55,000 Includes SEPA scoping addressing Highway 99 PAO Phase 3: Scenario Planning and Plan Alternatives Task 5 Scenario Planning $83,000 5.1 Creative Analysis and Plan Alternatives $52,000 5.2 Draft Economic Development Vision and Strategies " Demo $25,000 5.3 Highway 99 Approach Memo $6,000 Phase 4: Draft Comprehensive Plan and SEPA Draft EIS Task 6 Comprehensive Plan Draft — Preferred Option $88,000 6.1 Comprehensive Plan Draft $48,000 6.2 Final Economic Development Vision and Strategies Memo $10,000 6.3 Highway 99 Planning Support Documentation $301000 11 Packet Pg. 166 9.3.b VIA - A PERKINS EASTMAN STUDIO Task 7 SEPA Draft EIS $100,000 Task 8 Public Hearing for SEPA Draft EIS and Draft Comprehensive Plan $10,000 Phase 5: Final Comprehensive Plan and SEPA Final EIS Task 9 Review and Edits $70,000 9.1 Preliminary Draft for Comp Plan $20,000 9.2 Preliminary Draft for SEPA EIS $20,000 9.3 Draft Coordinated and Updated Environmental Review for Hwy 99 $30,000 Task 10 Final Comprehensive Plan and SEPA Final EIS $46,000 10.1 Final Comp Plan Document $6,000 10.2 SEPA FEIS $10,000 10.3 Coordinated and Updated Environmental Review for Hwy 99 $30,000 $649,000 *Hwy 99 PAO Supplementary Scope $111,000 *Economic Development Vision $40,000 Reimbursable Expenses not included in above • Travel for Katherine Howe: 3 trips o Hotel (approx. 260) o Airfare (approx. 350) o Per Diem (59.25) • Travel for Brian Vanneman: 2 trips o Hotel (approx. 260) o Airfare/Train/Auto (approx. 200) o Per Diem (59.25) • Printing expenses for community workshops: $100 per foam mounted poster (A0: 36" x 48" size) 12 Packet Pg. 167 9.3.c VIA -A PERKINS EASTMAN STUDIO City of Edmonds Highway 99 SEPA Options Conditions when SETS Impact to Subarea Plan Highway 99 Recommended Approach is warranted by SEPA 1. The proposal has We assume the SEPA Addendum changed and is likely proposal/alternatives are likely to cause new or to remains the same as in the UPDATE to SUBAREA PLAN: changes to increased significant FEIS. Growth to remain within zoning to satisfy stakeholder concerns- if adverse or less than projections as any, new impact would not be a significant environmental included in PAO. adverse effect. impacts that were not evaluated in the This condition is not met; no Activities: original EIS. SEIS required. • Select changes to subarea plan and mitigation measures by VIA; In case of less growth strategize how to accommodate growth elsewhere in the city; re. coordination with comp plan process. • Discussion of reduction in adverse impacts as memo or SEPA Addendum by Herrera. • WAC 197-11-706 • "Addendum" means an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The term does not include supplemental EISs. An addendum may be used at any time during the SEPA process. • Outreach by S&A 2. New information Public comment includes a • Same as above for changes to proposal becomes available difference of opinion about the indicating new or severity of impact. City to increased significant confirm if there is any "new" environmental information to be included. impacts are likely. 3. The lead agency • 1-99 "Study area" expanded to Targeted SEIS decides that include traffic impacts on significant adjacent streets • Majority of scope within Herrera issues/impacts were • Mitigation measures updated (Construction impacts, stormwater) missed in the draft EIS to reduce reliance on capital • Additional traffic study by Transpo improvement plans and/or additional • VIA to be SME for mitigation alternatives or measures Packet Pg. 168 9.3.c VIA —A PERKINS EASTMAN STUDIO mitigation should be evaluated and SEPA goals would be better served with another Draft EIS and comment period. • Other Considerations: Additional design scope could also be included to create "transition zones" within Comp Plan Scope; e.g. Create policy direction for transition zones; conduct additional public outreach within Comp Plan scope to create a roadmap to supplement Subarea Plan; zoning ordinance update in future scope of work (following comp plan) 4. The original EIS was This condition is not applicable issued for a different for Highway 99 Plan proposal (such as a comprehensive plan), but provides the basis for review of the current proposal. In this instance, the original EIS is adopted and the adoption form must be included within the draft Supplemental EIS, which contains analysis of any likely significant adverse environmental impacts not yet evaluated. This condition is not applicable S. An agency with for Highway 99 Plan jurisdiction concludes its comments on the Draft EIS were not adequately addressed in the lead agency's final EIS. In this case, the agency with jurisdiction must prepare the Supplemental EIS at their own expense. .. a Packet Pg. 169 9.4 City Council Agenda Item Meeting Date: 07/5/2023 Letter to WSDOT Regarding Unocal Property Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Currently, WSDOT and Unocal are awaiting Dept. of Ecology's public comment period and findings (expected to be available in July 2023) regarding the status of the environmental cleanup of the contaminated Unocal property at the Edmonds Marsh. This property had been used for production of asphalt products and storage of bulk fuels. When Ecology has certified the success of the cleanup effort, the property will be transferred to WSDOT pursuant to the purchase and sale agreement between Unocal and WSDOT. Since WSDOT no longer plans to use the property for the Edmonds' Crossing project which included the relocation of the Edmonds ferry terminal, WSDOT plans to dispose of the property. The City of Edmonds holds "first right of purchase" from WSDOT as specified in the State Budget in Section 214 of the approved 2023-2025 State biennium budget . On May 23, 2023 Council approved a Memorandum of Understanding (MOU) with WSDOT outlining a potential path forward for the City to obtain the Unocal property for purposes of environmental preservation/restoration. The MOU reinforces the City's desire to maintain first right of purchase of the property (see attachment). Other options for preservation/restoration of the property may be available, as discussed below. On May 23, 2023 Council tabled a motion to approve a letter to the governor, until receiving the information from Ecology. (minutes attached) On June 13, 2023 the Parks and Public Works Committee reviewed a draft letter to WSDOT (attached) The minutes of this meeting have not yet been prepared, but the video is available on the city website. Committee recommended forwarding to full council for approval. Recommendation Approve the letter to WSDOT apprising them of our plan to request a meeting with Governor Inslee (along with WRIA 8 and PSP Salmon Recovery Councils' representatives) to explore an alternative regarding State ownership of the Unocal property for preservation/restoration purposes. The letter also invites WSDOT representatives to the meeting. Narrative Packet Pg. 170 9.4 On May 23, 2023, Council considered two options regarding disposition of the Unocal property. In addition to approving the MOU with WSDOT regarding potential purchase of the property from WSDOT Council also considered a draft letter to Governor Inslee requesting a meeting to discuss another alternative that directly impacts the State's highest priority goals around salmon recovery, protection of the southern Orca resident population and preservation of open space for environmental preservation purposes. Under this option, the State retains ownership of the property and work in partnership with the City to achieve mutual objectives or restoration and maintenance. As part of that meeting concerns were expressed by several Councilmembers that sending a letter to the Governor about exploring State ownership option might create concern with WSDOT since they would not have been formally apprised of this alternative. As such, the draft letter to the Governor was tabled awaiting the results of Ecology's findings. (see attached minutes). To address the concerns above, a draft letter to WSDOT was prepared (attached) to apprise them of our desire to meet with the Governor, WSDOT, and Salmon Recovery Councils' to explore the option of the State retaining ownership of the Unocal property. After exploring this option, If the parties determine it is not a viable path, the City and WSDOT will simply continue to pursue the City's purchase of the property per the terms outlined in the MOU. Attachments: wsdot letter draft Pages from EDMONDS CITY COUNCIL minutes May 23 2023 Pages from Final Executed EdmondsWSFMOU Nelson Rubstello signed Packet Pg. 171 9.4.a June xx, 2023 Roger Millar, Secretary of Transportation Xxxx Olympia WA Subject: Disposition of Unocal Property in Edmonds for Purposes of Estuary Restoration and Salmon Recovery Dear Secretary Millar, We thank you for the personalized letter you sent last year to our citizen volunteers that have been working with WSDOT for the Edmonds Marsh Restoration Project. We are continuing our partnership with WSDOT on these restoration efforts this year and have already established a work plan with WSDOT and the City. As you know, Edmonds is interested in having the Unocal property used for expansion and restoration of the near -shore -estuary and reconnecting the Edmonds Marsh to Puget Sound via an above -ground stream channel for salmon recovery —including recovery of the endangered Chinook salmon. This effort would be one of the largest nearshore estuary restoration projects in central Puget Sound for salmon recovery and by extension directly supports the Southern Resident Orca population and environmental preservation for birds and other wildlife. On May 23rd the Edmonds City Council approved a Memorandum of Understanding (MOU) with Washington State Ferries to reinforce the City's desire to continue to hold the "right of first purchase" of the Unocal property' (see attached MOU). ' In Section 214 of the approved 2023-2025 State biennium budget, a proviso was included specifying the City of Edmonds will retain right of first purchase through the end of that budget cycle. 1 Packet Pg. 172 9.4.a Another path we are interested in pursuing is exploring the potential for the State to retain ownership of the property. We have written a letter we would like to send to the Governor requesting a meeting to discuss this option. With this alternative, the City serves as a partner with State agencies in designing and maintaining the restoration efforts. We would like to include you and/or your staff in these discussions, along with the grant funding agencies that are familiar with these types of transfers and restoration efforts. We believe the Governor would be interested in such a meeting since near -shore estuary restoration will directly support the Federal government and the State's highest priorities around environmental restoration and net ecological gain, a term Tribes fully embrace. This restoration effort will create an urban preserve for salmon and Orca recovery, wildlife protection and environmental preservation as well as carbon sequestration. Prior to moving forward with the purchase option, we would like to ensure the Governor has fully considered the benefits of continued State ownership of the Unocal property and has decided whether this option should be pursued. We look forward to working with WSDOT, the Governor, other State agencies, Salmon Recovery Councils, and our State and Federal Legislators to determine the optimal path to achieving our mutual key priorities around near -shore estuary restoration. Sincerely, Edmonds City Council Mike Nelson, Mayor cc: Amy Scarton, Deputy Secretary of Transportation Patty Rubstello, Assistance Secretary, Washington State Ferries Jason Mulvilhill Kuntz, WRIA 8 Salmon Recovery Manager David Troutt, Puget Sound Salmon Recovery Council, Chair Laura Blackburn, Puget Sound Salmon Recovery Attachment: MOU between Washington State Ferries and the City of Edmonds 2 Packet Pg. 173 9.4.b assumed provides them with standing. For a Type III and it goes to public hearing, even if someone was not within the 300' radius, they are required to be provided notice of the public hearing and notice of the decision which would seem to provide some legal standing. He deferred to the city attorney. Mr. Taraday said he was unsure how someone became a party of record. Any party of record who wanted to appeal would be able to do so. Councilmember Buckshnis questioned who was driving the car on this. It mentions the involvement of staff and the developer holding the neighborhood preapplication meeting and providing summary minutes of the meeting. She questioned the purpose of the neighborhood meeting if staff was not involved. The proposed amendment states staff may make general recommendations to the developer as part of the application based on the input from the meeting to the extent that said comments are consistent with adopted previous of the ECC. She reiterated who drives the car on this, who sets up the meetings, where are they held, who pays the cost for the meeting, etc. Mr. Levitan answered it would be a preapplication meeting in advance of the submittal of the land use application. The applicant would be responsible for providing notice, hosting the meeting, sending out the mailings, etc. Assuming the language remains as is, and the meeting was prior to application submittal, it would not be tied to an actual land use application and would essentially be a submittal requirement for the land use application. For a developer building on a CG zoned site subject to the Type 11-A review process, if the summary minutes and affidavit of mailing were not included when they submitted the design review land use application, it would be considered an incomplete application. Action on Amendment #2 MOTION CARRIED UNANIMOUSLY. Councilmember Paine asked if this preapplication meeting would be compliant with HB 1293. Mr. Levitan answered yes, if it was only required for a Type II -A review process, basically for properties adjacent or across the street for buildings between 35' and 75' in height where a public hearing before the ADB is not required, the neighborhood meeting could be a submittal requirement. Councilmember Paine loved the idea of a preapplication meeting so the developer can get immediate feedback from the neighbors. She asked it was appropriate to approve the amendment or did staff need to get further clarification about whether it would be the one meeting. Mr. Levitan responded the only way he could see it becoming an issue would be if the council imposes a public meeting requirement as part of the official land use application which would raise the issue of whether the preapplication is tied to the land use application or is it considered a separate public meeting outside the parameters of HB 1293. Councilmember Paine asked if summary minutes will be part of the project file that is maintained by the planning department. Mr. Levitan answered yes, they would be part of the developer's submittal. Action on Amendment # 1 MOTION CARRIED UNANIMOUSLY. Action on the Main Motion MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis relayed her hope that the council would put a moratorium on MFTE until it was studied further. It was her understanding one project with 700 units provided only 70 affordable units and she did not think a completely residential building should be afforded tax credits over a decade and only provide 10% affordable units. She referred to the SEIS and the aquifer and what may be happening with not having those documents in place; there may be environmental issues that impact future development in the CG zone. 2. LETTER TO STATE REGARDING ENVIRONMENTAL GOALS FOR MARSH Edmonds City Council Approved Minutes May 23, 2023 Page 10 Packet Pg. 174 9.4.b Councilmember Buckshnis commented she has been with Puget Sound Partnership and WRIA 8 for a number of years. There are many ways get property transferred within state agencies. One of the ways is having the Governor transfer it and she offered to provide examples. The council agreed at a previous meeting to draft a letter to the state. The only intent of the proposed letter is to meet with the Governor. Governor Inslee does not plan to run for another term, he has always been an environmental steward, and his presidential campaign even pushed climate change and climate action. He may want to have a good send-off by putting this project into another state agency such as Department of Natural Resources (DNR). Councilmember Buckshnis continued, it was her understanding DNR was not interested because they have not yet seen the science and everyone, even the Governor, wants to see the science first. The letter is the first step toward having a meeting. Department of Ecology has signaled that the science will be released on for this property in July. If the Governor transfers the property, there are funds available for stormwater mitigation, contamination mitigation, etc., and it would save the taxpayers money. The Governor signed ESHB 1125.PL which provides the provision in the 2023-2025 budget that Edmonds has the "right of first purchase" for the City's intended use of the property. The reason the letter does not mention the MOU is this is separate from the MOU, simply asking for a meeting with the Governor. Councilmember Teitzel stressed the importance of keeping the big picture in mind, everyone is unified in the goals of salmon recovery, recovery of the southern resident Orca population, greenhouse gas reduction, carbon sequestration, etc. Those are not just Edmonds' goals, they are regional and statewide goals. When Governor Inslee ran for president, his campaign stressed he was most strongly focused environmental candidate at that time and he still holds that position and belief. This letter appeals to him to look at this restoration opportunity as a way to support his and the state's high property goals. The state has the expertise and resources to deal with future contamination if it is uncovered when the new channel for the creek is dug. There are two paths for the state to pursue once they obtain ownership from Unocal, 1) retain the property as a restoration effort in partnership with the City, or 2) sell the property to the City. As Councilmember Buckshnis mentioned, this letter highlights this great opportunity in Central Puget Sound for the state, region and Edmonds and gets it on the table for discussion. It's possible the state does not want to retain ownership and the City will proceed with the MOU and purchase. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL APPROVE THE LETTER AS SUBMITTED IN THE PACKET. Councilmember Nand said she has had extensive discussions with Councilmember Teitzel and other community stakeholders regarding the marsh as well as email exchanges with City staff. Her concern is not sending mixed signals to the state. She was very concerned with the statement in the second to last paragraph, "Our suggested option for you to consider to drive this high priority restoration forward is to have the State maintain ownership." which she felt would be in direct conflict with the MOU. She did not feel it was appropriate to request a meeting with Governor Inslee to discuss options and she questioned if the state were to retain title, how high a priority the restoration would be whereas it was a very high priority restoration project for the City Edmonds. If the council wanted to proceed with the letter and an MOU, she preferred to wait until July until the Ecology documents are available. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE LETTER TO REMOVE ENTIRELY THE PARAGRAPH STARTING WITH, "OUR SUGGESTED OPTION FOR YOU TO CONSIDER TO DRIVE THIS HIGH PRIORITY RESTORATION FORWARD IS TO HAVE THE STATE MAINTAIN OWNERSHIP" AND THAT ENDS WITH "WE THANK YOU AND WISH TO MEET WITH YOU REGARDING THE REASONS FOR THE STATE TO MAINTAIN OWNERSHIP." Councilmember Nand commented it was too early in the process to make any representations to the Governor, WSDOT, Ecology or any other potentially interested party regarding the City's wishes. The City Edmonds City Council Approved Minutes May 23, 2023 Page 11 Packet Pg. 175 9.4.b needs to get its house in order before going to the state to suggest a strategy for pursuing the marsh. If it is the information from Ecology that the City has not had time to review or digest properly yet, the City can amend the letter, remove any representation about taking title to the Unocal property and initiate a less formal discussion with the Governor or whoever on the Governor's staff will steer this discussion. She feared the letter would send conflicting messages to different parts of state government. Council President Tibbott said he was not in favor of the amendment or the letter. He found it inappropriate to address the letter to the Governor as it circumvents the authority of WSDOT who is the authority on the purchase agreement with Chevron and it disrespects the investment they would be making. The letter addresses the why that everyone agrees with which he felt was appropriate, but moves to telling the state how to do it without hearing from the state, the state hearing from the City, essentially dictating the answer. The letter assumes to speak for the City of Edmonds by stating the City would gladly enter into an ILA once the information is available. There are enough risks associated with the property that that would be an over statement and assumes too much. Council President Tibbott continued, he preferred a letter addressed to WSDOT which he believed was the intent of the motion previously passed by the council to create some level of understanding about the common ground and express the City's eagerness about working toward a mutually beneficial solution. That type of letter would be effective and open the door for further discussion. In all his years of negotiating contracts, he never talked with a potential client and said in the process of looking at all the risk, before I enter into a contract with you, I want to talk to your parent first. That is the equivalent of going to the Governor instead of negotiating with WSDOT who has the authority to work on this with the City. Councilmember Paine did not support the letter, finding it provides a problematic set of dialogue, who is it speaking to when the operating agency is WSDOT in the Purchase and Sale Agreement, and she did not see that the Governor had a role in that. She was supportive of removing the problematic paragraph, but did not support the letter. The letter does not address what the City is waiting for, more information about the property provided via the MOU process where the City will have access to past data as well as new data from Ecology this summer. This letter does not get any additional information, and it sends a rather confusing message. Councilmember Buckshnis began to speak and Councilmember Olson raised a point of order, asking whether councilmembers were required to speak only on the amendment, noting the last two councilmembers have not. Mayor Nelson offered to do better. Councilmember Olson began to speak to the amendment, expressing her support for striking that paragraph. Mayor Nelson advised the maker of the motion was speaking before her point of order. Councilmember Olson clarified one of her points of order was that the person was speaking for a second time and she had not spoken yet. Mayor Nelson did not recall imposing that restriction on the maker of a motion. Councilmember Olson raised a point of parliamentary procedure from the City Clerk. City Clerk Scott Passey advised typically a new speaker or the maker of the motion is called on again after everyone has had a chance to speak. Councilmember Olson said the why versus the how was the crux of offering this amendment. She suggested the council talk about whether the letter should be changed in other ways after the council approves or declines this amendment. Removing the statements about the outcome of the meeting gets back to the fact that the City is also interested in an agreement with WSDOT. However the council decides to proceed with the letter now or in the future, this is a good amendment and gets to the point that the council does not want to be prescriptive about the outcome of the meeting. She expressed support for the amendment. Edmonds City Council Approved Minutes May 23, 2023 Page 12 Packet Pg. 176 9.4.b Councilmember Teitzel observed some councilmember do not like the letter at all and prefer to just continue with the MOU. He suggested if the council takes that approach, it completely eliminates the possibility of the other option. The letter keeps that option open. Councilmember Chen raised a point of order, stating council comments should be related to the amendment. Councilmember Teitzel explained he was speaking to the amendment to strike the second to last paragraph related to the state retaining ownership. If that paragraph is removed and the letter is subsequently abandoned, that leaves only the path of purchase and completely negates the other option which he felt should be explored further. Councilmember Chen expressed support for the amendment. His first impression of the letter is it delivers contradicting information; the City has been trying to acquire the property from WSDOT, but this paragraph goes in a different direction. Councilmember Buckshnis agreed with Councilmember Teitzel, some aspects need to be retained such as that the Governor signed the budget providing the City "the right of first purchase." City representatives have addressed the marsh with the Governor when talking about the connector in Washington DC in 2019 so he is very familiar with the marsh. The marsh is on the WRIA 8 priority list and Puget Sound Partnership, all of whom are aware of the City's restoration efforts. She was unclear why the entire paragraph needed to be removed; the marsh is a state priority and one of the Governor's priorities so she did not view it as conflicting. The letter only asks for a meeting and a meeting is unlikely to occur until September/October. She concluded she did not see any conflict with the MOU or with WSDOT and she did not think WSDOT would get their feeling hurt as a result. She did not support the amendment. Councilmember Nand commented this is putting the cart in front of horse. The council needs to properly inform themselves about their bargaining position, vis-a-vis the environment impact if the City does or does not takes title before making any representation to state government. She preferred tabling both the MOU and the letter until after July when Ecology releases documentation and the City has an opportunity to digest how that materially affects its bargaining position. The public is excited because the marsh is a huge priority and a multidecade project that will affect Edmonds for generations. She questioned why the council needed to rush forward with either the MOU or the letter instead of waiting until Ecology releases the environmental documents and the City has an opportunity to properly digest how it affects its bargaining position. This is a very momentous potential acquisition for the City and she wanted to ensure it was done properly. UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS CHEN, OLSON, PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS TEITZEL AND BUCKSHNIS VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NAND, TO TABLE THE LETTER UNTIL WE HAVE THE INFORMATION FROM ECOLOGY. Mr. Passey advised a motion to table is not debatable. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (4-3), COUNCIL PRESIDENT TIBBOTT AND COUNCILMEMBERS BUCKSHNIS, OLSON AND NAND VOTING YES; COUNCILMEMBERS TEITZEL, CHEN AND PAINE VOTING NO. Mayor Nelson declared a brief recess. 3. WSDOT/CITY OF EDMONDS MEMORANDUM OF UNDERSTANDING Edmonds City Council Approved Minutes May 23, 2023 Page 13 Packet Pg. 177 DocuSign Envelope ID: F58016A4-C380-4B8C-940D-1ABFCFBECA4B 9.4.c WASHINGTON STATE DEPARTMENT OF TRANSPORATION AND [a]IV9912ALP] ►viIQZDP MEMORANDUM OF UNDERSTANDING FORMER UNOCAL BULK FUEL TERMINAL - EDMONDS, WASHINGTON This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the Washington State Department of Transportation (WSDOT) and the City of Edmonds, Washington (City), collectively referred to as the "Parties" 1. PURPOSE. The purpose of this MOU is to set forth the Parties' general understanding regarding the potential acquisition of that certain real property known as the Former Unocal Property (the "Property"), by the City from WSDOT. 2. BACKGROUND. 2.1 WSDOT and Union Oil Company of California (Unocal) entered into a purchase and sale agreement entitled Agreement for Sale of Real Property and Escrow Instructions, dated January 27, 2005 (PSA). The PSA is attached hereto as Attachment 1. The PSA set forth the terms and conditions under which WSDOT would purchase from Unocal certain real property located in Edmonds, Washington, now known as the Former Unocal Property and previously known as the Edmonds Lower Yard. The Former Unocal Property is located in the City of Edmonds, Washington and is identified by the Snohomish County Auditor's Office as Tax Parcel Number 262703-2-003-0009 and by WSDOT as Parcel #1-21510 (Former Unocal Property or Property). Unocal's interest in the PSA transferred to the Chevron Corporation upon Chevron's acquisition of Unocal. 2.2 At the time the PSA was entered into, WSDOT intended to acquire the Former Unocal Property to construct a multimodal transportation center. The planned multimodal transportation center project is no longer a viable project. Presently, WSDOT does not have an identified need for the Property. 2.3 The PSA established a purchase price of $8,175,000, which WSDOT deposited into an escrow account created pursuant to the PSA. 2.4 As a condition precedent to WSDOT acquiring the Former Unocal Property, Chevron/Unocal is required to remediate the existing environmental contamination on the Property in accordance with the remediation criteria set forth in the PSA. Page 1 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 178 DocuSign Envelope ID: F58016A4-C380-4B8C-940D-1ABFCFBECA4B 9.4.c 2.5 The PSA provides that title to the Former Unocal Property will transfer to WSDOT after Chevron/Unocal obtains written confirmation from DOE that Chevron/Unocal had satisfactorily performed the Capital Remediation Work, as that term is defined in the PSA, to the extent that the Monitoring Work, as that term is defined in the PSA, may commence.' To date, DOE has not issued a written confirmation that the Capital Remediation Work has been satisfactorily performed. As such, Chevron/Unocal currently owns and is in possession of the Former Unocal Property. 2.6 The PSA provides that after the Close of Escrow, as that term is defined in the PSA, the terms and conditions of the PSA "will be binding upon and inure to the benefit of the parties' respective successors and assigns." Additionally, the terms of the PSA are required to be incorporated by reference into a deed or other legal instrument that divests WSDOT of its interest in the Former Unocal Property and that the grantee of such deed shall "specifically assume all of the obligations" of WSDOT under the PSA, including any and all monitoring obligations. To the extent the final DOE Consent Decree and associated plans conflict with the terms in the PSA, upon transfer of the Property grantee shall be responsible to resolve said conflict(s). 2.7 WSDOT currently holds an easement across the Former Unocal Property to operate, maintain, and repair a storm water line that services SR 104. Any future sale of the Property by WSDOT will include a reservation of this easement. 2.8 The City has expressed an interest in acquiring the Former Unocal Property for the city's intended use of the property to rehabilitate near -shore habitat for salmon and related species. 2.9 Upon execution of this MOU, WSDOT and the City shall negotiate and execute an Addendum to this MOU that authorizes the City's access to the information, opinions, and recommendations (excluding risk analysis) that WSDOT has obtained from Landau Associates about the Property and the Capital Remediation Work. WSDOT acknowledges that Landau's work, once accessed and understood by the City, could cause the City to reevaluate its interest in acquiring the Property on the terms contemplated herein. 3. WSDOT SALE OF THE FORMER UNOCAL PROPERTY TO THE CITY. WSDOT is statutorily authorized to sell real property under its jurisdiction pursuant to the terms and conditions of RCW 47.12.063. RCW 47.12.063(3) authorizes WSDOT to sell real property directly to a city at 1 Washington State Department of Ecology (DOE) and Chevron/Unocal are presently developing a Consent Decree, including a Cleanup Action Plan, for the Former Unocal Property. Page 2 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 179 DocuSign Envelope ID: F58016A4-C380-4B8C-940D-1ABFCFBECA4B 9.4.c fair market value. It is the intent of WSDOT to first offer the purchase of the Former Unocal Property to the City as outlined in this MOU. 4. CONDITIONS PRECEDENT. The Parties understand that prior to any future sale of the Former Unocal Property by WSDOT to the City the following must have occurred: 4.1 Close of PSA Escrow: All the conditions and instruction provided for in the PSA must be satisfied and properly complied with, and the PSA Close of Escrow, as that term is defined in the PSA, shall have occurred. 4.2 Recording and Title: The deed conveying title of the Former Unocal Property to WSDOT has been recorded and title has transferred to WSDOT. 4.3 City's Confirmation of Interest: The City informs WSDOT that the City is still interested in purchasing the Former Unocal Property at fair market value. 4.4 Property Declared Surplus: WSDOT has determined, in accordance with its policies and procedures, the Former Unocal Property is no longer required for transportation purposes and that it is in the public interest to dispose of the Property. 4.5 Purchase and Sale Agreement: The Parties have executed a Purchase and Sale Agreement that details the terms and conditions by which the City may purchase the Former Unocal Property. The Purchase and Sale agreement shall include, but not be limited to, the following provisions: 4.5.1 Process for Appraisal and the Determination of Purchase Price. 4.5.2 Representations and Warranties. 4.5.3 Conditions Precedent to Conveyance 4.5.4 City Funding 4.5.5 Title Insurance 4.5.6 Permitted Exceptions to title 4.5.7 Disclosures 4.5.8 Environmental Matters 4.5.9 Conveyance of Property Interest 4.5.10 Buyer's Right of Entry 4.5.11 Risk of Loss 4.5.12 Indemnifications 4.6 Fulfillment of the Terms and Conditions of the Purchase and Sale Agreement described in Section 4.5 above. Page 3 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 180 DocuSign Envelope ID: F58016A4-C380-4B8C-940D-1ABFCFBECA4B 9.4.c 4.7 Payment: The City pays WSDOT the agreed upon fair market value purchase price for the Property. 4.8 Deed: Parties successfully negotiate a deed acceptable by both WSDOT and the City. S. OTHER PARTIES. The Parties recognize that certain entities, such as the Washington Department of Ecology, may have legal, regulatory, financial, or other oversight obligations with respect to purchase and sale of the Former Unocal Property that the Parties must accommodate. 6. FUNCTION OF MOU. 6.1 NONBINDING: The Parties agree that nothing in this MOU creates any legal or financial obligations for the parties in relation to the sale or purchase of the Former Unocal Property. 6.2 AMENDMENT: The Parties understand and agree that this MOU may be amended by agreement of both Parties. 6.3 TERMINATION: The Parties understand and agree that this MOU may be terminated in full by either party by written notice to the other. The undersigned hereto, having read this MEMORANDUM OF UNDERSTANDING, including all attachments, do agree that it represents the understandings of their respective agencies with regard to the potential sale of the Former Unocal Property from WSDOT to the City. —DocuSigned by: Patty Rubstello, Assistant Secretary, Washington State Ferries 6/14/2023 Date DocuSigned by: dot. LG Irk t SNA, Michael Nelson, Mayor, City of Edmonds 6/12/2023 Date Page 4 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 181