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Agenda Pkt 11102020 VirtualBOTHELL CITY COUNCIL Bothell City Hall, 18415 101st AVE NE, Bothell, WA 98011 ***VIRTUAL MEETING*** AGENDA November 10, 2020 6:00 PM Public Notice: Pursuant to Governor Inslee’s Stay Home, Stay Healthy Proclamation 20-25 extension and the extension of Proclamation 20-28 regarding open public meetings, and in an effort to curtail the spread of the COVID -19 virus, this City Council meeting will be conducted remotely through Zoom. We encourage members of the public to attend and participate in the meeting remotely, as described in more detail below: Public testimony dur ing public hearings a nd visitor comments will be accommodated through Zoom, but the public is r equested to sig n up for such testimony by submitting a form H ERE. For t hose wishing t o a ttend by Z oom, please: (1) click this link: https://us02web.zoom.us/j/83680910554 (or copy the URL and paste into a web browser) (2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 836 8091 0554 The proceedings will also be available to view live or the following day on the City of Bothell YouTube Channel, or live on *BCTV Cable Access Channels 21/26 (must have Frontier/Comcast Cable). MEMBERS OF THE CITY COUNCIL Mayor Liam Olsen Deputy Mayor Jeanne Zornes Councilmember Tom Agnew Councilmember Davina Duerr Councilmember Rosemary McAuliffe Councilmember James McNeal Councilmember Mason Thompson REGULAR SESSION Call to Order & Roll Call Meeting Agenda Approval During this item, the City Council may identify agenda items to be continued, withdrawn, or added. 1.Presentations, Reports, & Briefings A.Public Engagement Opportunities B.Proc lamations -Bob Turnell Recognition C.Spec ial Presentations -None at this time. D.Staff Briefings -None at this time. E.City Manager Reports -None at this time. F.Council Committee Reports 2.Visitor Comment Those testifying or providing visitor comment will be limited to 3 minutes. Attendees will be muted and not audible to the Council except during times they are designated to speak. If you wish to comment (either in writing or verbally) please submit a form HERE prior to 3:00PM (day of meeting). All comments will be made part of the record. 3.Consent Agenda All items under this section will be passed with a single motion and vote. These items are of a routine nature. Prior to approval, City Council may request items be withdrawn from the consent agenda for separate discussion. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with the staff recommendation. A.Approval of the September 15, 2020, and the October 6, and 20, 2020 Meeting Minutes Recommended Action: Approve the meeting minutes as presented. B.AB # 20-140 – Approval of September 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for September 1 – 30, 2020. C.AB # 20-141 – Approval of Supplement No. 2 to the Professional Services Agreement with Floyd Snider, Inc., to Continue Providing On-Call Downtown Environmental Support Services Recommended Action: Approve Supplemental Agreement No. 2 with Floyd Snider Inc., in the amount of $350,000 and in substantially the same form as presented, to continue providing on- call Downtown environmental support services and authorize the City Manager to execute. 4.Public Hearings A.AB # 20-142 – Public Hearing and Consideration of an Ordinance Amending BMC Chapter 12.64 Downtown Subarea Regulations Revising Outdoor Spac e Regulations Recommended Action: Conduct a Public Hearing and approve the proposed ordinance amending sections of BMC Chapters 12.64 Downtown Subarea Regulations. November 10, 2020 Agenda Packet Page 2 of 120 Pgs. 5-6 Pgs. 7-22 Pgs. 23-24 Pgs. 25-30 Pgs. 31-66 5.Ordinances & Resolutions -None at this time. 6.Contracts and Agreements A.AB # 20-143 – Consideration of Approving the Bothell Arts Commission Selection of Artist John Fleming for Conceptual Artwork Design Related to the Rebuild of Fire Station 42 and Fire Station 45 and Acknowledge Forgoing the Collection of Permit Fees Associated with the Art Installation Recommended Action: Approve the Bothell Arts Commission selection of artist John Fleming for conceptual artwork design related to the rebuild of Fire Stations 42 and 45, in the amount of $68,000 and acknowledge forgoing the collection of permit fees associated with the art installation. 7.Other Items A.AB # 20-144 – Consideration of the City of Bothell 2021-22 Legislative Agenda and Policy Manual Recommended Action: Approve the proposed City of Bothell 2021-2022 Legislative Agenda and Policy Manual. 8.Study Session/Update/Discussion Items A.AB # 20-145 – Budget Forecast Update Recommended Action: Receive the report and consider whether to incorporate into the final 2021-2022 budget the updated revenue forecast. 9.Council Conversations During this item, Council members have the opportunity to informally discuss topics of city interest. 10.Executive Session/Closed Session -Executive Session: Potential Litigation pursuant to RCW 42.30.110(1)(i) 11.Adjourn CERTIFICATE : I hereby c ertify that the above agenda was posted on 11/5/2020 by 6:00 P.M., on the official website and bulletin board at Bothell City Hall, 18415 101st Avenue NE, Bothell, WA, 98011, in accordance with RCW 42.30.077, at least 24 hours in advance of the published start time of the meeting. /s/ Laura Hathaway, City Clerk SPECIAL ACCOMODATIONS : The City of Bothell strives to provide accessible meetings for people with disabilities. If special accommodations are required, please contact the ADA Coordinator at (425) 806- 6151 at least one day prior to the meeting. Copies of a genda bills and attachments listed in this agenda may be obtained from the City Clerk's Office the Friday before the meeting. November 10, 2020 Agenda Packet Page 3 of 120 Pgs. 67-96 Pgs. 97-114 Pgs. 115-120 *Bothell City Council meetings are aired live on Bothell Community Television (BCTV) Channel 21/26 (Comcast/Frontier) (available to Comcast and Frontier Cable customers within Bothell City limits). Meetings are generally replayed according to the following schedule (subject to change): Wednesday following the meeting at 10 a.m.; Friday, Saturday and Sunday following the meeting at 10 a.m. and 7 PM. City Council and Planning Commission meetings and the BCTV schedule are viewable online at www.bothellwa.gov November 10, 2020 Agenda Packet Page 4 of 120 Bob Turnell Recognition WHEREAS, Robert “Bob” Turnell was born in Yakima, Washington in 1924; and WHEREAS, Bob joined the United States Navy when he was 18 in 1942 and was nicknamed “The Kid” by his squadron comrades as he was one of the youngest aviators in the Pacific Theater at the time of his deployment in 1944; and WHEREAS, Bob was deployed to the USS WASP and was part of Fighting Squadron 81, calling themselves “The Freelancers”; and WHEREAS, While on the WASP, Bob flew 38 missions making strikes against enemy ground installations, shipping, airfields, and troops in Saigon, Cam Ranh Bay, Luzon, Taiwan, Hong Kong, Canton, Iwo Jima, Chichi Jima, Okinawa, and Tokyo; and WHEREAS, 17 of the 53 aviators in Fighting Squadron 81 lost their lives and in April of 1945, the squadron had finished its tour of combat duty and Bob returned to the States; and WHEREAS, Bob became Commander, USN, while remaining in the Navy Reserve at Sandpoint Naval Air Station in Seattle until June of 1954; and WHEREAS, Bob met his wife Jeannie in the summer of 1945 in Richland, Washington, one month before the war ended, and they married in 1946 and went on to have three children; a son and two daughters; and WHEREAS, Bob earned a BA in Business Administration from the University of Washington and was employed by Boeing until his retirement in 1985, settling in Bothell in 2013 after a career of extensive traveling; and WHEREAS, Bob is a member of a generation of men and women whose bravery and sacrifices put an end to tyranny around the globe; NOW, THEREFORE I, Liam Olsen, Mayor of the City of Bothell, do hereby proclaim the City of Bothell’s recognition to Commander Robert H. Turnell, USN, Retired as a veteran from the “Greatest Generation” and thank him for his service and patriotism. Signed this 10th Day of November, 2020 _____________________________ Liam Olsen, Mayor November 10, 2020 Agenda Packet Page 5 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 6 of 120 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes September 15, 2020 MEMBERS OF THE CITY COUNCIL Mayor Liam Olsen Deputy Mayor Jeanne Zornes Councilmember Tom Agnew Councilmember Davina Duerr Councilmember Rosemary McAuliffe Councilmember James McNeal Councilmember Mason Thompson REGULAR SESSION Mayor Olsen called the meeting to order at 6:00 PM. All Councilmembers present. Meeting Agenda Approval There were no changes to the projected agenda. 1.Presentations, Reports, & Briefings A.Public Engagement Opportunities Mayor Olsen reviewed upcoming public engagement opportunities. B.Proclamations -Bruce Blackburn Recognition -Pollution Prevention Week Mayor Olsen read the Pollution Prevention Week proclamation into the record. Mayor Olsen read the recognition for Bruce Blackburn into the record. Community Development Director Michael Kattermann thanked Mr. Blackburn for his service and presented a Z oom meeting with many members of the Community Development Department on the line to wish Mr. Blackburn farewell after 33 years of service to the City. All Councilmembers thanked Mr. Blackburn for this service. C.Special Presentations -None at this time. D.Staff Briefings -State of the Streets Jack Bartman, Senior Capital Projects Engineer presented the State of the Streets and entertained Council questions. November 10, 2020 Agenda Packet Page 7 of 120 E.City Manager Reports -None at this time. F.Council Committee Reports -Deputy Mayor Zornes provided a Lodging Tax Advisory Committee update. -Councilmember McNeal provided an update on the Suburban Cities Networking Dinner and the Eastside Transportation Partnership. -Councilmember Thompson provided an update on the North King County Shelter Task Force. -Mayor Olsen asked for a volunteer from Council to attend a Transportation Commissio n Meeting. Councilmember Thompson volunteered. 2.Visitor Comment Written comments were received from the following people: Julie Rodwell - regarding Lot D Jenne Aldersk – submitted a letter from ARC:Bothell Han Tran – submitted a letter from ARC:Bothell All written comments were forwarded to Council and will be made part of the record. Verbal comments were received by the following people: Angela Maeda – spoke regarding AB 20-120 Cameron Chapman – spoke regarding AB 20-120 Hannah Mendro – spoke regarding AB 20-120. Sarah Gustafson – spoke regarding AB 20-120. Alma Eyre – spoke regarding AB 20-120. Council recessed at 7:30 PM and reconvened at 7:40 PM. 3.Consent Agenda A.AB # 20-112 – Approval of July 2020 Vouchers Recommended Action: Approve vouchers for July 2020 $2,795,018.09 B.AB # 20-113 –Approval of August 2020 Vouchers Recommended Action: Approve vouchers for August 2020 totaling $6,322,263.39. C.AB # 20-114 - Approval of a Professional Services Agreement with K & L Gates, LLP, for Continued Legal Services in Connection with Downtown Revitalization Project Recommended Action: Authorize the City Manager to enter into a Professional Services Agreement with K & L Gates, LLP, in the amount of $150,000 and in substantially the same form as presented, for legal services related to City’s downtown revitalization project. D.AB # 20-115 - Approval to Ratify Amendment to the Existing Water Resource Inventory Area (WRIA) 8 Interlocal Agreement Recommended Action: Approve the amendment with WRIA 8 approving Snohomish County to rejoin the ILA as a cost chare partner contributing $64,053 annually to further salmon habitat protection and restoration planning and implementation. November 10, 2020 Agenda Packet Page 8 of 120 E.AB # 20-116 - Approval of System Access Fund Project Agreement with Sound Transit for the 102nd Ave NE Downtown Access Project Recommended Action: Approve a System Access Fund Project Agreement with Sound Transit to Accept Funding for the 102nd Ave NE Downtown Non-Motorized Access Improvements in the amount of $825,000. MOTION: Councilmember Agnew moved approval of the Consent Agenda as presented. Councilmember Duerr second. The motion carried 7-0. 4.Public Hearings A. AB # 20-117 – Public Hearing and Consideration of Extending Interim Ordinance (Ordinance 2312) Temporarily Suspending Development Application and Permit Timelines Recommended Action: Approve an Ordinance extending Interim Ordinance No. 2312 to continue temporary suspension of development application and permit timelines. M ayor Olsen opened the Public Hearing at 7:42PM. Community Development Director Michael Kattermann presented and entertained Council questions. There were no public comments. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0. 5.Ordinances & Resolutions -None at this time. 6.Contracts and Agreements A. AB # 20-118 – Consideration of Contract with Gordon Thomas Honeywell Governmental Affairs (GTH) for State Government Relations Services from October 1, 2020 – September 30, 2021 Recommended Action: Authorize the City Manager to execute, in substantially the same form as presented, t he Professional Services Agreement with Gordon Thomas Honeywell Government Affairs for 2020-2021 State Government Relations Services and, if approved, authorize use of $57,620 from various City funds. City Manager Jennifer Phillips presented and entertained Council questions. Councilmember Duerr stated she spoke with City Attorney Paul Byrne asking if she should recuse herself from this item as she is serving as a State Representative. The City Attorney stated she did not need to recuse herself because she does not receive any money from this contract. MOTION: Councilmember Agnew moved the recommended action. Councilmember McNeal second. The motion carried 7-0. November 10, 2020 Agenda Packet Page 9 of 120 7.Other Items A.AB # 20-119 – Second Quarter 2020 Financial Report and Audited 2019 Comprehensive Annual Financial Report (CAFR) Recommended Action: Presentation Only Finance Director Chris Bothwell presented and entertained Council questions. He stated that the second quarter was better than expected, but the City is not out of the woods yet. Worse than forecasted are Real Estate Excise Tax (REET) and Utility Tax uncertainties. B.AB # 20-120 – Receive a Report on Diversity, Equity, and Inclusion Research, Consider Providing Direction to the City Manager, and Consider Approval of a Resolution Reaffirming its Commitment to be a Safe, Welcoming and Equitable Community for all and Denouncing Hatred, Intolerance and Discrimination Recommended Action: 1.Provide direction to the City Manager to come back to the Council with (1) a formal process to adopt a City-wide Diversity, Equity, and Inclusion goal, and (2) options to consider as part of the 2021-22 budget process in regard to expanding community engagement and developing a DEI initiative, and; 2.Consider approval of a Resolution reaffirming its commitment to be a safe, welc oming and equitable community for all and denouncing hatred, intolerance and discrimination City Manager Jennifer Phillips introduced members of the City’s Diversity, Equity and Inclusion Committee Christian Stark, Aimee Rosse, and Carly Jorger each presented portions of the committee’s findings and recommendations, or building blocks, for building a Diversity, Equity and Inclusion (DEI) program. Each entertained Council questions. They stressed this will be a multi-year, ongoing project and presented 3 levels of service. City Manager Phillips stated the budget presentation is scheduled for October 6, and addressed how staff would go about implementing whichever plan Council chooses. She asked Council if this a priority and staff will build the plan around what the City Council decides. T he majority of the Council supports the initiative, but due to current fiscal constraints decided to have staff continue to do basic work in the area of diversity, equity and inclusion. City Manager Phillips then asked Council to consider approval of a resolution reaffirming its commitment to be a safe, welcoming, and equitable community for all denouncing hatred, intolerance and discrimination. If this is a goal, staff will build strategic objective towards this goal and it will be implemented into the scorecard updates. D iscussion ensued. MOTION: Councilmember McNeal moved approval of the recommended action approving the resolution as presented. Councilmember Agnew second. The motion passed 6-0-1; (Councilmember Thompson abstained.) 8.Study Session/Update/Discussion Items - None at this time. November 10, 2020 Agenda Packet Page 10 of 120 9.Council Conversations Council Conversations focused on more of their individual experiences in regards to diversity, equity and inclusion. McAuliffe asked Council to support coming up with a way to support Main Street Businesses through the end of the pandemic. Council supports having the item come back to Council. 10.E xecutive Session/Closed Session -None at this time. 11.Adjourn Mayor Olsen adjourned the meeting at 10:02 PM. Submitted for Approval on 11/10/2020 November 10, 2020 Agenda Packet Page 11 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 12 of 120 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes October 6, 2020 6:00 PM BOTHELL CITY HALL 18415 101st AVE NE BOTHELL, WA 98011 MEMBERS OF THE CITY COUNCIL Mayor Liam Olsen Deputy Mayor Jeanne Zornes Councilmember Tom Agnew Councilmember Davina Duerr Councilmember Rosemary McAuliffe Councilmember James McNeal Councilmember Mason Thompson REGULAR SESSION Call to Order & Roll Call Mayor Olsen called the meeting to order at 6:00 PM. All Councilmembers were present. Meeting Agenda Approval T here were no changes to the agenda. 1.Presentations, Reports, & Briefings A.Public Engagement Opportunities Mayor Olsen announced upcoming public engagement opportunities B.Proclamations -Affordable Housing Week Mayor Olsen read the proclamation into the record. All Councilmembers spoke in support of the proclamation. C.Special Presentations -None at this time. D.Staff Briefings -None at this time. E.City Manager Reports -None at this time. November 10, 2020 Agenda Packet Page 13 of 120 F.Council Committee Reports D eputy Mayor Zornes reported on WRIA 8 activities and affordable housing initiatives. 2.Visitor Comment Two written comments were received: Joanne Harkonen – regarding Main Street closure. Julie Rodwell – regarding appreciation of staff during the pandemic and the Gateway/Boulevard Place issues. Two people called in to speak live: Brian Pickrell - spoke regarding the Renee Hummell investigation. Ann Aagaard – spoke (during discussion of AB 20-123 due to technical difficulties) regarding League of Women Voters King County Environmental Committee and the Climate Change Tool Kit. 3.Consent Agenda A.Approval of City Council Meeting Minutes for July 7 & 21, 2020 and September 1 (Special and Regular) & 8, 2020 Recommended Action: Approve the minutes as presented. B.AB # 20-121 – Approval of August 2020 Payroll and Benefit Transactions. Recommended Action: Approve payroll and benefit transactions for August 1 – 31, 2020. C.AB # 20-122 – Approval of Warranty Deeds required for Right of Way Acquisition for the Nort h Creek Trail Section 4 Project Recommended Action: Approve Warranty Deed agreements with Govindarajan, Hyung, Mohammed and Gillis, for the purchase of North Creek Trail Section 4 Project right of way in t he total amount of $111,596. MOTION: Councilmember Duerr moved approval of the Consent Agenda as presented. Councilmember Agnew second. The motion carried 7-0. 4.Public Hearings -None at this time. 5.Ordinances & Resolutions -None at this time. 6.Contracts and Agreements -None at this time. November 10, 2020 Agenda Packet Page 14 of 120 7.Other Items A.AB # 20-123 – Direction regarding Use of Public Street and Rights of Way on Main Street a nd Use of Private Property/Parking Areas for Outdoor Dining Recommended Action: Provide direction to the City Manager regarding whether to continue the closure of Main Street and allow continued use of the downtown public street and public right way at no charge. Also provide direction regarding extension of the interim ordinance allowing use of private property/parking areas for outdoor dining and waiving permit fees. City Manager Jennifer Phillips presented and asked for direction from Council on three questions: 1.Whether to continue the closure of Main Street past October 26, 2020. Ms. Phillips stated the discussion is not about a permanent closure of Main Street, just as we navigate through the various phases of the pandemic. She also stated that businesses on the portion of Main Street that is closed would be responsible for blowing and picking up leaves during fall months and de-icing not only the sidewalks in front of their businesses, but de -icing the street itself during winter months. 2.Whether to extend the interim ordinance allowing the use of private property/parking areas for outdoor dining. 3.Whether to continue to waive permit fees for these uses. Ms. Phillips entertained Council questions. Discussion ensued. T he majority of Council agreed to extend the closure of Main Street, allow the continued use of the downtown street and right -of-way at no charge and extend the interim ordinance allowing private property/parking areas for outdoor dining and waiving the permit fees. B.AB # 20-124 – Update on Progress towards Council’s 2019-2020 Biennium Goals Recommended Action: No action is requested at this time. City Manager Phillips provided an update on the goals and entertained Council questions. Council recessed at 7:17 and reconvened at 7:28 PM. C.AB #20-125 – Consideration of Draft 2021-2022 Biennium Budget and Proposed 2021-2022 Council Priorities Recommended Action: Provide final policy direction to the City Manager regarding funding priorities a nd General Fund Reserve ending balance. Consider and adopt the proposed 2021-2022 Council Priorities City Manager Phillips introduced and provided an introduction of the fund balances and revenue projections and entertained Council questions. She stated that in order to balance the 2021-2022 budget, 2.1 M is being used from the General Fund Reserve. City Manager Phillips presented overviews of the department budgets. Department Directors were on hand to answer Council questions. Fire Chief Bruce Kroon presented the Fire Department budget and entertained Council questions. Police Chief Ken Seuberlich presented the Police Department budget and entertained Council questions. November 10, 2020 Agenda Packet Page 15 of 120 Judge Mara Rozzano presented the Court overview and budget and entertained Council questions. City Manager Phillips asked for policy direction on the following: -Use of 2.1 M from the General Fund Reserves -Proposed Revenue Enhancements -Nominal Contribution to the Asset Replacement Fund -Diversity, Equity, Inclusion (DEI) Position -Resource Center/Community Court -Confirm Priorities and Goals Councilmember Agnew signed off at 10:19 PM. Council discussion centered on the $2.1 million used from the General Fund reserves, reinstating a sustainability/climate change goal, and the DEI position. The majority of Council agreed that the Diversity, Equity, Inclusion (DEI) position is important, but in light of the current fiscal environment , was not the right time for the funding. Council agreed that the current DEI committee could continue to work on DEI initiatives. This item will come back before Council on November 17, 2020. D.AB #20-126 – Presentation of the Draft 2021-2027 Capital Facilities Plan (CFP) – Item postponed to 10/20/2020. Recommended Action: Discuss as appropriate. E.AB # 20-127 – Consideration of Dedicating State Shared CARES Act Funding to the City for COVID - 19 Related Expenses Recommended Action: Direct staff to proportion the remaining $701,250 of state-shared CARES Act funds to City cost recovery, allowing staff to reallocate to community assistance if necessary. Assistant City Manager Kellye Mazzoli presented and entertained Council questions. MOTION: Councilmember Thompson moved the recommended action. Councilmember McAuliffe second. The motion carried 6-0-1 (Councilmember Agnew absent.) 8.Study Session/Update/Discussion Items - None at this time. 9.Council Conversatio ns Councilmembers discussed a variety of topics including the recent audit and a climate action tool kit. 10.E xecutive Session/Closed Session -None at this time. 11.Adjourn Mayor Olsen adjourned the meeting at 11:00 PM. Submitted for Council Approval on 11/10/2020 November 10, 2020 Agenda Packet Page 16 of 120 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes October 20, 2020 6:00 PM BOTHELL CITY HALL 18415 101st AVE NE BOTHELL, WA 98011 MEMBERS OF THE CITY COUNCIL Mayor Liam Olsen Deputy Mayor Jeanne Zornes Councilmember Tom Agnew Councilmember Davina Duerr Councilmember Rosemary McAuliffe Councilmember James McNeal Councilmember Mason Thompson REGULAR SESSION Call to Order & Roll Call Mayor Olsen called the meeting to order at 6:00 PM. All Councilmembers present. Meeting Agenda Approval Mayor Olsen withdrew AB # 20-130, Donation of a Drone, from the Consent Agenda. 1.Presentations, Reports, & Briefings A.Public Engagement Opportunities Mayor Olsen reviewed upcoming public engagement opportunities. B.Proclamations -None at this time. C.Special Presentations -Sound Transit Update - East Corridor Development Director Bernard VandeKamp, and Bus Rapid Transit Director Paul Cornish, both of Sound Transit , presented a project update and entertained Council questions. D.Staff Briefings -None at this time. E.City Manager Reports -None at this time. F.Council Committee Reports - None November 10, 2020 Agenda Packet Page 17 of 120 2.Visitor Comment Written Comment was received from Brian Mitchell regarding AB 20-130, Donation of a Drone, which was withdrawn from the agenda. Two commenters spoke at the meeting: Rami Al-Kabra - regarding AB 20-130, Donation of a Drone, which was withdrawn. Brian Pickrell - regarding the Hummel investigation. 3.Consent Agenda A.AB # 20-128 – Approval of September 2020 Vouchers Recommended Action: Approve vouchers for September 2020 totaling $3,670,879.09. B.AB # 20-129 – Approval of a Resolution Extending the City Manager’s COVID -19 Emergency Utility Billing Process for Water/Sewer Utility Billing Recommended Action: Approve the Resolution Extending the City Manager’s COVID -19 Emergency Utility Billing Process for Water/Sewer Utility Billing. C.WITHDRAWN AB # 20-130 – Approve Acceptance of a Donation of a Drone from Autel Robotics Recommended Action: Approve acceptance of a donation from AUTEL Robotics of a AUTEL Robotics EVO II Dual Range Rugged Bundle (Drone Package) in the value of $10,000.00. D.AB # 20-131 – Approval of an Interlocal Agreement with Woodinville Fire & Rescue for Instructors Recommended Action: Authorize the City Manager to sign an interlocal agreement wit h Woodinville Fire and Rescue for the purpose of utilizing local fire service subject matter experts. E.AB # 20-132 – Approval of an Interlocal Agreement with West Pierce Fire and Rescue for Instructors Recommended Action: Authorize the City Manager to sign an interlocal agreement with West Pierce Fire and Rescue for the purpose of utilizing local fire service subject matter experts. F.AB # 20-133 – Approval of an Amendment to t he Purchase Option Agreement with Imagine Housing for Lot A to Extend the Due Diligence Period by 180 days Recommended Action: Authorize the City Manager to sign Second Amendment to Purchase Option for Lot A. G.AB # 20-134 – Approve Acceptance of a Grant from the Recreation and Conservation Office for the East Side Wayne Sammamish-Waynita Restoration Design Project Recommended Action: Approve the acceptance of a grant from the Recreation a nd Conservation Office and Authorize the City Manager to sign the Recreation and Conservation Office’s Applicant Resolution/Authorization Form for The East Side Wayne Sammamish- Waynita Restoration Design Project. MOTION: Councilmember Agnew moved approval of the Consent Agenda as amended. Councilmember Duerr second. The motion carried 7-0. November 10, 2020 Agenda Packet Page 18 of 120 4.Public Hearings A.AB # 20-135 – Public Hearing and Consideration of Storm and Surface Water Master Plan Updates Recommended Action: Conduct the Public Hearing and Approve the 2021 Storm and Surface Water Master Plan Update. Mayor Olsen opened the Public Hearing at 7:15 PM. Surface Water Supervisor Janet Geer presented and entertained Council questions. Councilmember Duerr asked about climate change/sustainability within the plan. Staff will come back within a year with an update to the climate change/environmental element once the data is received. No public comment was received. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0. B.AB # 20-136 – Public Hearing and Presentation of the Draft 2021-2027 Capital Facilities Plan Recommended Action: Hold a public hearing and discuss the Draft 2021-2027 Capital Facilities Plan. Mayor Olsen opened the Public Hearing at 7:41 PM Finance Director Chris Bothwell introduced this item along with Parks Director Nik Stroup, Public Works Director Erin Leonhart, Capital Division Manager Steven Morikawa and Utility and Development Services Manager Boyd Benson presented various parts of the plan and all entertained Council questions. No public comment received. T his item will come before the Council for approval prior to year end. MOTION: Councilmember Agnew moved approval of the Draft 2021-2027 Capital Facilities Plan. Councilmember McNeal second. The motion carried 7-0. Council recessed at 9:36 PM and reconvened at 9:45 PM. C.AB 20-137 – Public Hearing and Consideration of Ordinances Establishing 2021 User Rates for the Water, Sanitary Sewer, and Storm and Surface Water Utilities and revise and clarify billing processes for the Water and Sewer Utilities Recommended Action: Conduct the Public Hearing and Adopt Ordinances to revise and clarify billing processes for the Water and Sewer Utilities and establishing 2021 User Rates including: •6 percent Water Utility rate increase, •3.5 percent Sanitary Sewer Utility rate increase, and •5 percent Storm and Surface Water Utility rate increase. Mayor Olsen opened the Public Hearing at 9:46 PM. November 10, 2020 Agenda Packet Page 19 of 120 Utility and Development Services Manager Boyd Benson presented an overview of all three utilities and entrained Council questions. No public comment received. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Thompson second. The motion passed 5-2: Councilmembers McNeal, Duerr, Thompson, Deputy Mayor Zornes and Mayor Olsen for; Councilmembers McAuliffe and Agnew against. D. AB # 20-138 – Public Hearing on the Preliminary 2021-2022 Budget Recommended Action: Conduct a Public Hearing to receive comments offered by the public regarding the Preliminary 2021-2022 Budget, discuss as appropriate, and consider the comments during the City Council’s budget deliberations. Mayor Olson opened the Public Hearing at 10:26 PM. Finance Director Chris Bothwell introduced the item. Written Public Comment was received from the following: Public Hearing Comment - AB 20-138 Preliminary 2021-2022 Budget – Written: 1. Sarah Gustafson - submitted written comments regarding DEI position 2. Cameron Chapman – submitted written comments regarding DEI position 3. Ami Karnosh - submitted written comments regarding DEI position 4. Tynan Gable - submitted written comments regarding DEI position 5. Jonathon Caceres - submitted written comments regarding DEI position 6. Chang-Hak Choi - submitted written comments regarding DEI position 7. Claire Robson - submitted written comments regarding DEI position 8. Malorie Macklin - submitted written comments regarding DEI position 9. Jeremy Tadros - submitted written comments regarding DEI position 10. Dan Morse - submitted written comments regarding DEI position 11. Andrew Nelson - submitted written comments regarding DEI position 12. Rebekah Terry - submitted written comments regarding DEI position 13. Silje Sodal (NUHSA) – submitted written comments regarding Human Services funding 14. Donna Bardsley - submitted written comments regarding DEI position Public Hearing Comment - AB 20-138 Preliminary 2021-2022 Budget – LIVE: 1. 206-877-2141 Angela Maeda 2. 206-375-3742 Ben Mahnkey 3. 425-330-2851 Hannah Mendro 4. 425-250-3025 Cindy Donohue (Hopelink) 5. 206-701-9272 Rami Al -Kabra 6. 206-579-7562 Laura Musso Escude November 10, 2020 Agenda Packet Page 20 of 120 Discussion ensued. Most of the discussion centered on the Diversity, Equity, Inclusion (DEI) position. City Manager Phillips stated there is no reason staff can’t come back in 2021 to ask for the position if the budget i s better than anticipated. Council had agreed at the preliminary budget presentation not to fund the position in this budget. The majority of the Council did not agree to add the position at this time. No action requested. This item will come to Council for approval on November 17, 2020. Mayor Olsen closed the Public Hearing at 11:26 PM. 5. Ordinances & Resolutions - None at this time. 6. Contracts and Agreements A. AB # 20-139 – Consideration of a Supplemental Engagement Letter with Foster Garvey for Legal Services Recommended Action: Approve the Supplemental Engagement Letter and authorize the City Manager to further engage the services of Foster Garvey regarding Lot P-South litigation. City Attorney Paul Byrne presented and entertained Council quest ions. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0. 7. Other Items 8. Study Session/Update/Discussion Items - None at this time. 9. Council Conversations - None 10. Executive Session/Closed Session - None at this time. 11. Adjourn Mayor Olsen adjourned the meeting at 11:32 PM. Submitted for Council Approval 11/10/2020 November 10, 2020 Agenda Packet Page 21 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 22 of 120 City Council Agenda Bill AB # 20-140 TO: Mayor Olsen and Members of the Bothell City Council FROM: Chris Bothwell, Finance Director Maureen Schols, Deputy Finance Director (Presenter) DATE: November 10, 2020 SUBJECT: Approve September 2020 Payroll and Benefit Transactions POLICY CONSIDERATION: This item asks the City Council to consider approval of payroll and benefit transactions for the period of September 1 – 30, 2020 totaling $4,289,102.49 that were approved and paid for by the City Auditor. Direct deposit transactions #2000135367- #2000136071 totaling $1,949,407.33 Payroll and benefit checks #39290 - #39328, plus wire benefit payments #739, #770 - #784 totaling $2,339,695.16. HISTORY: DATE ACTION JUNE 5, 2000 Ordinance 1810 appointed Finance Director/City Treasurer as City Auditor In accordance with state statues, vouchers approved by the City Auditor are required to be ratified by City Council and notated in the minutes. DISCUSSION: None. FISCAL IMPACTS: Funding for salaries and benefits are included in the Adopted 2019-2020 Budget. ATTACHMENTS: Att-1. September 2020 Payroll and Benefit Transactions. (For Council distribution only. Check listings are available for review in the Finance Department.) RECOMMENDED ACTION: Approve payroll and benefit transactions for September 1 – 30, 2020. November 10, 2020 Agenda Packet Page 23 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 24 of 120 City Council Agenda Bill AB #20-141 TO: Mayor Olsen and Members of the Bothell City Council FROM: Erin Leonhart, Public Works Director Nduta Mbuthia, Senior Capital Projects Engineer, Public Works (Presenter) DATE: November 10, 2020 SUBJECT: Approval of Supplement No. 2 to the Professional Services Agreement with Floyd Snider, Inc., to Continue Providing On-Call Downtown Environmental Support Services POLICY CONSIDERATION: The City Council previously provided policy direction on this matter. If this item is approved, staff is implementing the direction given by the City Council. HISTORY: DATE ACTION FEBRUARY 2019 City Council approved a professional services agreement with Floyd Snider, Inc., in the amount of $450,000 for Downtown environmental support services AUGUST 2019 City Council approved Supplemental Agreement No. 1 in the amount of $500,000 for continued Downtown environmental support services DISCUSSION: Staff are continuing to work on several contaminated downtown sites in order to complete the City’s downtown revitalization vision and the sale of surplus properties. Since their contract was executed in February 2019, Floyd Snider Inc. has been performing environmental studies to characterize the contamination on Ultra Custom Cleaners site and Lot P-South. The remedial actions on Lot P-South are being performed under the Petroleum Technical Assistance Program (PTAP) with an agency known as Pollution Liability Insurance Agency (PLIA). This program has a more streamlined and expedited process for issuing “No Further Action” (NFA) findings than the traditional Department of Ecology programs, and therefore, the City felt that it would be a better fit in light of the surplus property sales schedule and marketing goals. For the Ultra Custom Cleaners site near City Hall, investigative work has undertaken with direct oversight by the Department of Ecology, under Agreed Order DE9704. Under this agreement a cleanup action plan will be developed for the site. This supplemental agreement will allow Floyd Snider Inc. to continue November 10, 2020 Agenda Packet Page 25 of 120 City Council Agenda Bill AB #20-141 providing environmental services for the Lot P-South site and complete the site closure in readiness for marketing the property for sale. It will also allow continued work on the Ultra Custom Cleaners site to complete a Remedial Investigation Report and Feasibility Study (RI/FS), and a draft cleanup action plan (dCAP), which would bring the City closer to entering into a Consent Decree (CD) for cleanup of the site. The contamination on this site has migrated southwards in groundwater from the source near City Hall, to span several private and City-owned properties. The supplemental contract amount of $350,000 is an estimate of the cost it will take for upcoming work that is to be implemented from 2020 through 2022, but this amount could change based on what is actually found during the work as directed by the Department of Ecology for Ultra Custom Cleaners. It will also cover work that has not been identified or scoped at this time, and would be authorized under task order(s). This contract may be used for other unanticipated tasks throughout the downtown sites as necessary to keep clean- up progress going. Floyd Snider, Inc., is required to submit a scope of work and associated cost for each task. Staff will approve each task prior to work proceeding. The proposed rates and fees included in this on-call contract are unchanged from the original contract and have been reviewed and determined to be fair and reasonable. The agreement is estimated to have a duration of two years, but may be extended if new scopes of work are identified. This process and contract are consistent with the City’s Procurement Policies. FISCAL IMPACTS: This item is included in the Adopted 2019-2020 Budget and in the proposed 2021-22 budget. There is sufficient budget to fund this item. ATTACHMENTS: Att-1. Supplemental Agreement No. 2 Att-2. Downtown Map RECOMMENDED ACTIONS: Approve Supplemental Agreement No. 2 with Floyd Snider Inc., in the amount of $350,000 and in substantially the same form as presented, to continue providing on-call Downtown environmental support services and authorize the City Manager to execute. November 10, 2020 Agenda Packet Page 26 of 120 Bothell Supplemental Professional Services Agreement 1 of 2 No Change to Exhibits A or B – Last Legal Update: 2020 CITY OF BOTHELL SUPPLEMENTAL AGREEMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BOTHELL AND FLOYD SNIDER, INC. CONTRACT NO. 1650 1. Parties This Supplemental Agreement No. 2 for Professional Services (“Supplemental Agreement”) is entered into as of the Effective Date specified below, and supplements that certain Professional Services Agreement, Contract No. 1650, dated _February 25, 2019_, and the exhibits thereto (“Original Agreement ”), between the City of Bothell, a Washington municipal corporation having its principal place of business at 18415 101st Avenue N.E., Bothell, Washington 98011 (“City”), and Floyd Snider, Inc., a corporation organized under the laws of the State of Washington, located and doing business at Seattle, WA (“Consultant ”). 2.Recitals 2.1 Consultant has provided professional services to City under the Original Agreement related to Downtown Bothell On-Call Hazardous Materials Services. 2.2 City desires to modify, delete, and/or add services and/or to change the contract amount set forth in the Original Agreement and any prior supplemental agreements. 2.3 Consultant agrees to perform the services specified herein in accordance with the terms and conditions of this Supplemental Agreement. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein, it is agreed by and between the parties as follows: 3.Modifications, Deletions or Additions to Original Terms and Conditions. 3.1 Supplemental Services. Consultant shall continue to perform the services described in the original Scope of Services/Scope of Work, which was attached as Exhibit A to the Original Agreement. There is no change in Services/Scope of Work from the original. 3.2 Payment . City shall pay Consultant based upon the original Schedule of Charges, which was attached as Exhibit B to the Original Agreement. The increased amount to be paid for said Supplemental Services is $350,000. In no event shall the total amount paid by City for all services exceed the sum of $1,300,000, plus any applicable sales taxes, which is the maximum amount to be paid under both the Original Agreement and this Supplemental Agreement. This Att-1 November 10, 2020 Agenda Packet Page 27 of 120 Bothell Supplemental Professional Services Agreement 2 of 2 No Change to Exhibits A or B – Last Legal Update: 2020 amount may not be exceeded without prior written authorization from City in the form of an executed supplemental agreement. 3.3 Time of Performance. Consultant shall perform the Supplemental Services with due diligence. In no event shall completion of the Supplemental Services be delayed beyond December 31, 2022. 3.4 No Other Changes. All provisions of the Original Agreement and any supplemental agreements thereto shall remain in full force except as expressly amended by this Supplemental Agreement. 4. Effective Date This Supplemental Agreement shall be effective on the last date entered by each party below. CITY OF BOTHELL Jennifer Phillips Date City Manager CONSULTANT: By: Date Its: Tiffany Volosin 9-30-2020 CFO November 10, 2020 Agenda Packet Page 28 of 120 Lot P South Parcel Ultra CustomCare Cleaners BothellServiceCenter Wexler BothellHertz BothellLanding BothellPaint RiversideTPH RiversideHVOC SammamishRiverMAIN ST MAIN ST NE 183 ST 98 AVE NENE 185 ST T H O R S K S T B O T H E L L W A Y N E (S R 5 2 2 ) NE 186 ST 101 AVE NEBOTHELL WAY NER E D E R WAYP O P K E E N E Y W A Y NE 180 ST Downtown Bothell Sites The City of Bothell delivers this data (map) in an AS-IS condition. GIS data (maps) are produced by the City of Bothell for internal purposes. No representation or guarantee is made concerning the accuracy, currency, or completeness of the information provided. : 0 40 80 120 FeetPath: Q:\PW\Admin\Denise_M\AgendaBill_Maps\DowntownBothellSites.mxdDate: 1/30/2019 Att-2 November 10, 2020 Agenda Packet Page 29 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 30 of 120 City Council Agenda Bill AB # 20-142 TO: Mayor Olsen and Members of the Bothell City Council FROM: Michael Kattermann, Community Development Director Dave Boyd, Community Development Senior Planner (Presenter) DATE: November 10, 2020 SUBJECT: Public Hearing and Consideration of an Ordinance Amending BMC Chapter 12.64 Downtown Subarea Regulations Revising Outdoor Space Regulations POLICY CONSIDERATION : This item asks the City Council to hold a public hearing and consider the proposed amendments and their policy considerations, specifically whether: •To clarify requirements for public space to encourage their use; •To change the formula for calculating the required public space in the Downtown Neighborhood, Downtown Transition, SR 522 Corridor and General Downtown Corridor districts; •To limit the reduction of on-site public space through payment of in lieu fees; •To broaden the potential use of funds for public spaces to include capital investments of existing spaces and programming of activities in addition to acquisition; and •To apply the requirement for private outdoor space in the Downtown Core District. HISTORY: DATE ACTION MARCH 6, 2018 City Council first initiated amendments in 2018 Docket JUNE 5, 2019 Planning Commission study session JULY 17, 2019 Planning Commission opened a Public Hearing SEPTEMBER 2, 2020 Planning Commission Public Hearing / recommendation In the 2018 Planning Docket, Council initiated amendments to the downtown public open space regulations to achieve better outcomes (including better designed spaces that are more clearly open and accessible to the public) and to better clarify those requirements as independent of the separate citywide parks and open space impact fees. Planning Commission began review of the public open space regulations along with other downtown plan and code amendments. Due to the overall scope of these amendments, the initial effort was limited to November 10, 2020 Agenda Packet Page 31 of 120 City Council Agenda Bill AB # 20-142 a minor, technical amendment intended to distinguish the downtown public open space requirement from the citywide parks and open space impact fee, which was adopted in 2018. Thus, the general term which also includes private outdoor space is changed from “open space” to “outdoor space” and “public open space” will be referenced as “public space” from this point forward. More detailed examination of ways to assure better outcomes for the downtown designated public space requi rements was deferred to 2019 and has carried forward into 2020, with a significant interruption due to COVID-19. DISCUSSION: These amendments were initiated to improve outcomes for outdoor spaces and, in particular, public space required as part of most downtown development. Additionally, these amendments seek to specifically address concerns from both applicants and reviewer about the amount of public space required and provisions for the use of in lieu fees. The basis for the public space requirement can be found in the Community Vision section of the Downtown Subarea Plan & Regulations (part of the Comprehensive Plan for the Downtown Subarea), which envisions the creation of “a sequence of unfolding spaces that inspire people to walk and to linger in the center of the city.” In addition, including public space as part of private development serves to break up building mass and provide relief from the denser development of downtown. Even spaces that are only visually accessible can provide breathing room, additional landscaping, and more solar access. Public space in the form of passages, especially in larger townhome developments, also augments pedestrian connections, makes the downtown more walkable, and provides opportunities for neighbors to meet and interact. ANALYSIS Staff and Planning Commission began the analysis focused on the quality of the public spaces being provided and proposed. Concerns from staff and members of the downtown community included lack of clarity about whether the spaces were public, accessibility, amenities and their benefit to the public. The recommendati ons include provisions for signage with hours of access to match those for City parks, stronger regulations for the design of public spaces, provisions for transferring required public space between sites and giving credit for off-site pedestrian connections, and a requirement that public spaces be recorded and maintained as public access easements. November 10, 2020 Agenda Packet Page 32 of 120 City Council Agenda Bill AB # 20-142 The focus then shifted to the quantity of public space required and provisions allowing fees in lieu of providing public space on site . Key points in the analysis include: 1. The current requirements based on the number of units work well for townhome developments that can provide public space in the form of pedestrian passages, but have posed challenges for apartment developments, with requirements of over a quarter of the site area in some cases. 2. While in lieu fees were originally intended to provide an option for smaller infill developments whose public space requirements might be tiny and/or preclude logical development of the site , they have been requested frequently for larger apartment developments that were intended to provide their required public space on-site. 3. There are limitations on how in lieu fees can be used in relation to Parks and Open Space impact fees, leading to a need to clarify how they can be spent and a desire to limit their use. RECOMMENDATION S: The recommendation is to change the calculation of required public space from one based on a set amount per unit to one based on net floor area, and create separate amounts for townhome and apartment development. The amounts are set to approximate the amount of public space currently required for townhomes, which is working well, and to provide a modest reduction in the amount required for apartments. The recommendation continues the current practice of requiring more public space in the districts with lower density and less in those with more (including none in the Downtown Core district). The proposed ordinance includes a more detailed description of net floor area than the Planning Commission recommendation, to match the definition that is used to determine other requirements and fees. Planning Commission received testimony that small infill projects have tighter margins and are especially challenged by the public space requirements. Such smaller projects were considered desirable to provide variety in the downtown built environment, so the recommendation is to exempt projects that would be require d to provide less than 1,000 square feet of public space. Those that would be require d to provide between 1,000 and 3,000 square feet of public space would be able to use in lieu fees without restriction (i.e. up to the total square feet required), and those that would be require d to provide more than 3,000 November 10, 2020 Agenda Packet Page 33 of 120 City Council Agenda Bill AB # 20-142 square feet would be limited to using in lieu fees for 10 percent of their requirement. To clarify the use of in lieu fees, a subsection is added identifying an administrative process to create, enhance and/or activate public space, including streets, in the Downtown Subarea. This provides options that do not conflict with use of Park and Open Space Impact fees. The amount of in lieu fees is determined administratively based on the cost of providing public space on site, including assessed land value of the development site plus an average estimated cost of developing for public use. The fee will be reviewed and updated periodically and adjusted annually per the Construction Cost Index published in the Engineering News-Record. The process of analyzing the code for these amendments led to a few other recommended amendments, some within the larger category of Outdoor Space . Public space requirements are removed from Park and Public Open Space districts, the single-family Sunrise / Valley View district and from home occupation uses. Private outdoor space is not currently required in the Downtown Core, but all Downtown Core development to date has provided private outdoor space, which provides public benefits in the form of balconies that break up building mass and provide eyes on the street. And while they have been allowed via code interpretation, roof decks are recommended to be allowed explicitly as private open space . The Planning Commission Findings, Conclusions and Recommendation are included in Attachment 1, together with an annotated version of the amendments including explanatory text boxes. The proposed ordinance in Attachment 2 shows the full strikethrough/underline format without annotations, including the proposed staff modification to the Planning Commission recommendation regarding calculation of in lieu fees. FISCAL IMPACTS: Staff time for this item is included in the Adopted 2019-2020 Budget, sufficient to fund this item. ATTACHMENTS: Att-1. Planning Commission Findings, Conclusions and Recommendation (including annotated version of proposed amendments) Att-2. Proposed Ordinance RECOMMENDED ACTION: Conduct a Public Hearing and approve the proposed ordinance amending sections of BMC Chapters 12.64 Downtown Subarea Regulations. November 10, 2020 Agenda Packet Page 34 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 1 Downtown Outdoor Space Code Amendments Planning Commission Findings, Conclusions and Recommendation Findings 1.History. This item was initiated by City Council as part of the 2018 Docket of Plan and Code Amendments. Initial amendments were made in 2018, with more detailed amendments deferred to 2019 and continued in 2020. 2.Ge ographic Location. The proposed code amendments would apply to the Downtown Subarea. 3.Proposed Action. The proposed code amendments would revise the regulations for outdoor space associated with development in downtown Bothell, including: a.Provisions to improve required public space by strengthening design regulations to achieve better quality spaces and adding signage regulations to make clear that suchspaces are open to the public b.Revising the requirement for provision of public space for residential development to be based on floor area rather than number of units in order to address issues that have arisen in apartment style developments c.Exempting small developments from public space requirementsd.Limiting the use of in lieu fees for larger projects e.Adding a requirement for private outdoor space in the Downtown Core to match what is required in adjacent districts and has been provided in developments to date 4.Public Meetings. The Planning Commission held a study session on June 5, 2019, and a public hearing on July 17, September 18, November 6, December 4, 2019 and January8 and February 5, 2020, a briefing on June 3, 2020 and a continued hearing on September 2, 2020 regarding the proposed Code amendments. 5.Public Notice. Public notice for the proposed code amendments was provided through the following methods: a.Imagine Bothell... notice. The City of Bothell provides a monthly notice to citizens, interested parties and news media which, in general, describes upcoming hearings, the topics of those hearings, and explains potential ramifications of decisions which may occur from actions of the City. This notice is provided at the end of the month for the subsequent month’s hearing schedule. The Imagine Bothell… notice also contains information which directs inquiries to city staff, the City web page, and telephone contact numbers. Notice of the public meeting dates for the proposed code amendment was publishedin the July, September, November and December 2019 and January, February, June and September 2020 editions of the Imagine Bothell… notice. November 10, 2020 Agenda Packet Page 35 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 2 b. The Imagine Bothell... notice is sent via e-mail and/or regular U.S. Postal Service mail to all parties who have signed up for the service. c. The Imagine Bothell... notice is published in the Seattle Times, the City’s Newspaper of Record. d. The Imagine Bothell... notice is also posted on the City’s web page at www.bothellwa.gov. e. The City maintains a number of public notice boards which are placed throughout the City at certain accessible and visible locations. Each of these notice boards contains a plastic box where extra copies of the Imagine Bothell... notice are stored and are available for retrieval by any interested citizen. These boxes are filled with paper copies of the notice each month. f. The Imagine Bothell… notice is also publicly posted at City Hall, the Municipal Court Building, and the Bothell Post Office. Planning Commission Deliberations 6. The Planning Commission makes the following specific findings regarding the proposed code amendments. These findings are based upon public testimony the Planning Commission received during the public hearing, information provided to the Planning Commission by staff, and Planning Commission deliberations. 7. Public space regulations should not reduce the intensity of development desired to create a dense, walkable downtown. 8. The proposed amendment will improve the quality of public spaces and make them more clearly open to the public through signage and other design regulations and elements. 9. The current regulations have been difficult to meet for apartment developments outside of the Downtown Core district, where there is no required public space, and are more than other area jurisdictions, creating a potential disincentive for continued development in downtown Bothell. 10. Making the residential requirement based on floor area rather than the number of dwelling units will maintain the requirements that are working well for office and townhome developments and make reasonable adjustments to the amounts being provided for apartment developments, while reducing the need to resort to in lieu fees. 11. Revising the provisions for in lieu fees will limit their use on larger projects, while providing greater certainty for prospective developers. 12. Exempting smaller projects from public space requirements will encourage smaller infill developments and avoid public spaces that are too small to provide much benefit. 13. Consistency with Imagine Bothell… Comprehensive Plan Goals and Policies. The basis for the public space requirement can be found in the Community Vision section of the Downtown Subarea Plan & Regulations (part of the Comprehensive Plan for the November 10, 2020 Agenda Packet Page 36 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 3 Downtown Subarea), which envisions the creation of “a sequence of unfolding spaces that inspire people to walk and to linger in the center of the city.” 14. Department of Commerce Review. The proposed plan and code amendments will be sent to the Department of Commerce for review following the Planning Commission recommendation. 15. State Environmental Policy Act (SEPA) Review. A SEPA Determination of Non-Significance (DNS) will be issued for the proposed plan and code amendments prior to consideration by City Council. 16. List of Exhibits (See Planning Commission packets on City of Bothell website for exhibits) 1. Brian Palidar email, July 9, 2019 2. Sarah Gustafson and David Levitan letter, September 18, 2019 3. Ross Road Apartments site plan, submitted by Jamie Waltier, September 18, 2019 4. Marc Boettcher email, September 18, 2019 5. Tyler Churchill email, January 8, 2020 17. Public Testimony (See video recording on City of Bothell website for detailed testimony) July 17, 2019: Cary Westerbeck, 9803 NE 183rd St, Bothell Sarah Gustafson, 10808 NE 154th Pl, Bothell Amanda Dodd Olson, 23009 2nd Ave SE, Bothell September 18, 2019: Jamie Waltier, 12957 NE 203rd St, Woodinville Cary Westerbeck, 9803 NE 183rd St, Bothell January 8, 2020: David Maul, 19940 Ballinger Way NE, Shoreline WA February 5, 2020: Cary Westerbeck, 9803 NE 183rd St, Bothell Conclusions 1. The recommended code amendments have been drafted, noticed, reviewed by the public and considered by the Planning Commission in accordance with all applicable laws of the State of Washington and the City of Bothell. 2. The recommended code amendments are necessary to provide for consistent and clear land use regulation and provision of public spaces with downtown development. 3. The recommended Code amendments are in the best interest of the public health, safety and welfare. Recommendation Based upon these findings and conclusions, the Planning Commission recommends the City Council adopt the code amendments in Exhibit A to these Findings, Conclusions and Recommendation. Kevin Kiernan, Planning Commission Chair November 10, 2020 Agenda Packet Page 37 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 4 Exhibit A Proposed Downtown Public Space Code Amendments Relevant sections are included below, including sections that may not need amendment, but are included for context. Text boxes are included to explain the following proposed changes. Proposed amendments are s hown in underline/strikethrough format below. Skipped sections are indicated by three asterisks: * * * The table below from the Downtown Core District Requirements is amended to reflect revised terminology and to add a private outdoor space requirement for residential units in DC. In all the tables below, the home occupation requirement is removed because any dwelling unit may have a home occupation. 12.64.304. Provision of OpenOutdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office N/A N/A D. Lodging N/A N/A E. Residential: N/A N/A 60 sqft/DU minimum on average E.5. Home Occupation N/A N/A * * * The table below from the Downtown Neighborhood District Requirements is amended to reflect revised terminology and to revise the public space requirements in DN. Note, in all the tables below office and lodging requirements remain the same, but are expressed as percentage of net floor area. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 6% net floor area 60 sqft/1000 sqft N/A D. Lodging 6% net floor area60 sqft/room N/A E. Residential: Townhomes 6% net floor area 100 sqft/DU 60 sqft/DU minimum on average E.5. Home Occupation Apartments 100 sqft/DU 10% net floor area N/A 60 sqft/DU minimum on average * * * The table below from the Downtown Transition District Requirements is amended to reflect revised terminology and to revise the public space requirements in DT. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 10% net floor area 100 sqft/1000 sqft N/A D. Lodging 10% net floor area100 sqft/room N/A E. Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft/DU minimum on average E.5. Home Occupation Apartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * November 10, 2020 Agenda Packet Page 38 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 5 The table below from the SR 522 Corridor District Requirements is amended to reflect revised terminology and to revise the public space requirements in 522. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C.Office 10% net floor area 100 sqft/1000 sqft N/A D.Lodging 10% net floor area100 sqft/room N/A E.Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft /DU minimum on average E.5. Home OccupationApartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * The table below from the General Downtown Corridor District Requirements is amended to reflect revised terminology and to revise the public space requirements in GDC. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C.Office 10% net floor area 100 sqft/1000 sqft N/A D.Lodging 10% net floor area100 sqft/room N/A E.Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft/DU minimum on average E.5. Home OccupationApartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * The table below from the Sunrise / Valley View District Requirements is amended to reflect revised terminology and to eliminate the public space requirements in SVV. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C.Office N/A N/A D.Lodging N/A N/A E.Residentia l:150 sqft/DUN/A 60 sqft/DU minimum on averageN/A E.5. Home Occupation 150 sqft/DU 60 sqft/DU minimum on average * * * The table below from the Parks and Public Open Space District Requirements is amended to reflect revised terminology and to eliminate the outdoor space requirements in PPOS. 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private O utdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C.Office N/A N/A D.Lodging N/A N/A E.Residentia l:150 sqft/DUN/A 60 sqft/DU minimum on averageN/A E.5. Home Occupation 150 sqft/DU 60 sqft/DU minimum on average * * * November 10, 2020 Agenda Packet Page 39 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 6 The proposed change of terminology below is to avoid confusion with the citywide Parks and Open Space Impact Fees. A sentence describing how public space is calculated is added to 12.64.304.B.1 below. 12.64.304 Provision of Open Designated Outdoor Space A. DEFINITION 1. Open Designated PublicOutdoor Space regulations set forth requirements for the provision and design of open outdoor spaces and landscaping elements in the Plan Area. 2. These regulations are established to ensure a wide range of public outdoor spaces that complement the primary public streets and open designated public spaces in each district. 3. All new open outdoor spaces within the Plan Area, whether or not they are required by Open Designated Outdoor Space Provision regulations, shall be designed and configured according to the following regulations. B. PUBLIC OPEN SPACE 1. Public Open Space is required as specified in section 12.64.100 District Requirements. Public space shall be provided as a percentage of net floor area, defined as gross floor area minus enclosed parking area. The proposed limitation on use of in lieu fees is added below, with changes to allow limited use of in-lieu fees by larger projects. 2. Public Open Space shall be built on the site of the development as development occurs or may be satisfied through payment of in-lieu fees when the amount of public space required is 3,000 square feet or less. Projects that require more than 3,000 square feet of public space may use in-lieu fees for up to 10% of their required public space. 3. Any Public Open Space improvements and/or any in-lieu fee paid under this provision must be separate from and cannot be utilized as a credit for or otherwise offset park open space impact fees. 4. A developer may transfer required public space to a development within the Downtown subarea and within one half mile. Transfers to be completed at a later time shall be accompanied by an agreement to pay an in lieu fee should the future development not transpire. 5. Public space in lieu fees may be used to create, enhance and/or activate public space, including street right -of-ways, in the Downtown Subarea, as determined by the Director in coordination with other departments. * * * 12.64.305 General Open Space Requirements A. OPEN SPACE DESIGN 1. Public Open Space a. The minimum width of public open space shall be 20 feet. b. Where the total required public open space is 3,000 square feet or less, after subtracting area for new s treets, the public open space shall be one continuous parcel of land. Where the required public open space totals more than 3,000 square feet, the area may be divided into several usable parcels on the site; provided, that at least one parcel is a minimum of 2,000 square feet in size and all the other parcels are at least 1,000 square feet in size with a minimum width of 15 feet. In addition to the changes of terminology, hours of access are included below. c. All public open spaces shall be publicly accessible and connected to public sidewalks. They shall abut public rights -of-way on at least one side and shall be open to the public 24 hours a day daily from at least 6:00 a.m. to 10:00 p.m. November 10, 2020 Agenda Packet Page 40 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 7 In addition to the changes of terminology, maintenance, easement and accessibility requirements are included below. d. Public open spaces need not be publicly owned and maintained. Privately owned designated public spaces shall be maintained in good condition by the property owner and protected by a public access easement that must be recorded to run with the property prior to certificate of occupancy. e. All public open spaces shall be visible and easily accessible from surrounding streets and avoid masses of shrubs around edges. In addition to the changes of terminology and signage requirements previously presented, signage for wayfinding along passages is addressed. f. All designated public spaces shall be signed as such, using a template provided by the City or an approved alternate method, with preference given to creative signage that also explains the history of the site or special features of the public space. Signage for passages shall include wayfinding information as appropriate. The provision below is added to reflect the current practice, through a Director’s Interpretation, to allow designated public space to act as building area for the purposes of applying frontage coverage, build-to-corner and wrapping of parking lots and structures. g. For purposes of meeting frontage coverage, build-to-corner and wrapping of parking structures and lots, designated public space may substitute for building area. The provision below is added and amended to explicitly allow roof decks for private open space. 2. Private Outdoor Space a. Private Outdoor Space shall be provided in the form of yards, balconies, or patios whose primary access is from the dwelling served, or roof decks and terraces accessible to the residents. * * * The changes to the requirements below are intended to provide stronger direction than the current requirements and guidelines, while retaining some degree of flexibility. B. LANDSCAPING 1. All development shall adhere to BMC 12.18.030 existing vegetation retention regulations. 2. Designated public spaces shall employ trees and living groundc over where possible and a mix of hardscape and container plantings where over built areas, as appropriate to the use. C. WALLS AND FENCES Any blanks walls facing designated public spaces shall be treated architecturally, with artistic treatments or with plantings. * * * The changes to the guidelines below are intended to provide additional direction while retaining design flexibility. 12.64.306 Street and Open Outdoor Space Guidelines * * * B. PUBLIC SPACES 1. Public spaces should provide a variety of seating options, areas of sun and shade for year-round climatic comfort, shelter, and night lighting to encourage public activity and ensure safety. 2. Public spaces at or near the sidewalk level are preferred. Public spaces that are not at sidewalk level or that extend into the site should include wayfinding signage, avoid dead-end spaces and have passive visual November 10, 2020 Agenda Packet Page 41 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 8 connections (i.e. overlooking windows, decks, terraces and/or balconies) and, if deemed desirable, active (i.e. video) surveillance. 3. Projects with grouped outdoor mailbox areas are encouraged incorporate those areas in or adjacent to their public space, including, where appropriate, widened passage areas. C. WALLS AND FENCES 1. Frontage Fences and Walls a. Front yard fences should employ a combination of thick and thin structural elements with thicker elements for supports and/or panel divisions. Fence posts and/or support columns should be defined using additional trim, caps, finials, and/or moldings. b. All walls should have a cap and base treatment. c. Frontage walls may occur as garden walls, planter walls, seat walls, or low retaining walls. d. Entrances and pedestrian “gateways” should be announced by posts or pilasters, and may be combined with trellises, special landscaping, decorative lighting, public art or other special features. 2. Screening Fences and Walls a. Side yards and rear yards may contain landscape features that protect the privacy of the property’s occupants such as landscaping, trees and screening walls. b. Screening fences and walls should be constructed of materials that are compatible with the architecture and character of the site. Natural colors, a cap or top articulation, and related dimensional post spacing increments should be used at screening fences to enhance compatibility. c. Design elements should be used to break up long expanses of uninterrupted walls, both horizontally and vertically. Walls should include design elements such as textured concrete block, interlocking “diamond” blocks, formed concrete with reveals, or similar materials. Landscape materials should also be used to provide surface relief. * * * 4. Piers a. Piers are architectural elements of fences or walls that can add interest to and break up long expanses. b. Piers are recommended to have a base, shaft and cap composition. Larger piers may be specially designed for gateway or other special locations, and these may incorporate ornamental plaques or signs identifying the building or business; public art such as panels or sculptural elements; and /or light fi xtures. Piers may be topped by ornamental finials, light fixtures, or roof caps. c. Recommended dimensions for masonry piers are approximately 18 inches per side or diameter, and the maximum spacing between piers should be 20 feet. 5. Materials and Colors a. All fences and walls should be built with attractive, durable materials that are compatible with the character of Bothell (see Section 12.64.500). b. Appropriate fence materials include wood, masonry, and metal. i. Wood picket fences are only recommended along residential streets. For wood picket fences, a paint finish or vinyl coating should be applied. ii. For iron or metal fences, recommended materials include wrought iron, cast iron, welded steel, tubular steel, or aluminum. Metal fences should be mount ed on a low masonry wall, and /or between masonry piers. c. Appropriate wall materials include stone, brick, precast concrete, textured concrete block, or formed concrete with reveals and/or an architectural finish. A stucco finish may be used over a masonry core, except in the Downtown Special Review Area. November 10, 2020 Agenda Packet Page 42 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 9 i. Exposed block walls should be constructed with a combination of varied height block courses and/or varied block face colors and textures (e.g. a combination of split -face and precision-face blocks). Plain gray precision-face concrete block walls are discouraged. Design treatments and finishes previously described should be applied to these walls for improved visual compatibility with building architecture. ii. An anti-graffiti coating is recommended for exposed masonry wall surfaces and should be clean, colorless and without sheen. d. Support post or pier materials may differ from fence materials; e.g. metal fence panels combined with masonry piers. Recommended materials include brick, terra cotta, and stone, colored or decoratively treated cast -in-place concrete, precast concrete or concrete block, or stucco-faced concrete or concrete block. (Note: Stucco-faced concrete or concrete block are not permitted in the Downtown Special Review Area). e. Bollards are recommended to be cast iron, cast aluminum, and precast concrete. An anti -graffiti protective coating is recommended for precast concrete. f. Colors and finishes of mechanical enclosures and equipment should be coordinated with colors and fi nishes of streetlights, fencing and other painted metal surfaces to be used on site, or with the associated building’s material and color scheme. g. Street and building-mounted metal furnishings should be powdercoated or painted with Waterborne Acrylic Polyurethane, such as Tnemec Series 1080 or similar product. For powdercoated finishes, a chemically compatible UV -protectant clear coat is recommended for prevention of color fading. D. SITE FURNISHINGS 1. Public gathering places and other publicly accessible areas should be detailed with decorative, pedestrian-scaled site furnishings and equipment. 2. Seating, freestanding planters, ornamental solid waste and recycling receptacles, bike racks, drinking fountains, pergolas, trellises, heaters, umbrellas, wind screening, and decorative bollards are recommended. 3. When designing seat walls with straight edges of more than six feet in length, consider detailing that will prevent skateboard damage. 4. Landscape structures and sculptural objects should reference the human scale in their overall massing and detailing. 5. Components should be made of durable high-quality materials such as painted fabricated steel, painted cast iron, painted cast aluminum, and integrally colored precast concrete. Recycled materials should be used so long as the finish or look of the material is consistent with or similar to the finishes prescribed above. Metal surfaces should be coated with highly durable finishes such as aliphatic polyurethane enamel. E. PLANT MATERIALS 1. Plant materials should always be incorporated into new development site design to provide “softening” of hard paving and building surfaces. 2. Mature, existing trees should be preserved whenever possible. 3. Tree sizes should be suitable to lot size, the scale of adjacent structures, and the proximity to utility lines. 4. For street trees and plaza trees to be installed within paved areas, the use of structural soil planting beds, continuous soil trenches, or root path trenches is strongly recommended in order to maximize the ability of the tree to thrive and perform well in the urban environment. 5. Both seasonal and year-round flowering shrubs and trees should be used where they can be most appreciated - adjacent to walks and recreational areas, or as a frame for building entrances and stairs. 6. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees are recommended in front of private residences. November 10, 2020 Agenda Packet Page 43 of 120 Att-1 Planning Commission Findings – Downtown Public Space Code Amendments September 2, 2020 Page 10 7. Evergreen shrubs and trees should be used for screening along rear property lines, around solid waste/recycling areas and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. November 10, 2020 Agenda Packet Page 44 of 120 Att-2 Page 1 of 22 ORDINANCE NO. (2020) AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, AMENDING SECTIONS OF CHAPTER 12.64, DOWNTOWN SUBAREA REGULATIONS , OF THE BOTHELL MUNICIPAL CODE. WHEREAS, chapter 36.70A RCW , also known as the Growth Management Act (“the Act”), requires that cities subject to the Act adopt comprehensive plans and implementing development regulations consistent with the Act; and WHEREAS, in accordance with the Act, the Bothell City Council, in 1994, adopted the Imagine Bothell… Comprehensive Plan and, in 1996, adopted implementing development regulations via amendments to the Bothell Municipal Code (BMC); and WHEREAS, the Act provides that each jurisdiction’s comprehensive land use plan and development regulations shall be subject to continuing review and evaluation; and WHEREAS, the City of Bothell has adopted numerous amendments to the Plan and Code since 1994 and 1996, respectively; and WHEREAS, the City Council initiated these Code Amendments as part of the 2018, 2019 and 2020 Planning Dockets; and WHEREAS, the Bothell Planning Commission recommends amendments to the Downtown Subarea Regulations for Outdoor Space; and WHEREAS, upon due consideration, the City Council finds that adoption of the recommended amendments to the Downtown Outdoor Space regulations is in the public interest and welfare, and by this reference incorporates the findings and conclusions of the Planning Commission on these amendments . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. The table of contents below for Chapter 12.64 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): November 10, 2020 Agenda Packet Page 45 of 120 Att-2 Page 2 of 22 Chapter 12.64 DOWNTOWN SUBAREA REGULATIONS Sections: * * * 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations. 12.64.301 Street Regulations. 12.64.302 Surface Water Management Regulations. 12.64.303 Setback Area Landscaping. 12.64.304 Provision of O penOutdoor Space. 12.64.305 General OpenOutdoor Space Requirements. 12.64.306 Street and OpenOutdoor Space Guidelines. * * * Section 2. Section 12.64.004 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.004 How to Use the Development Regulations The Development Regulations in this document are applied to those properties within the Downtown Subarea as indicated on the Plan Area map (see Figure 12.64.100 in the Introduction.). A. The Development Regulations are divided into six sections: * * * 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations * * * Section 3. The central column of Figure 12.64.004 How to Use the Downtown Subarea Regulations District Requirements is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): November 10, 2020 Agenda Packet Page 46 of 120 Att-2 Page 3 of 22 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations * * * 12.64.304 Provision of OpenOutdoor Space V review provision of openoutdoor space regulations V 12.64.305 General OpenOutdoor Space Requirements V review general openoutdoor space requirements V 12.64.306 Street and OpenOutdoor Space Guidelines V review street and openoutdoor space guidelines * * * Section 4. Sections 12.64.101-107 of the Bothell Municipal Code (BMC) are hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.101 Downtown Core District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * November 10, 2020 Agenda Packet Page 47 of 120 Att-2 Page 4 of 22 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office N/A N/A D. Lodging N/A N/A E. Residential: N/A N/A 60 sqft/DU minimum on average E.5. Home Occupation N/A N/A * * * 12.64.102 Downtown Neighborhood District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 6% net floor area 60 sqft/1000 sqft N/A D. Lodging 6% net floor area60 sqft/room N/A E. Residential: Townhomes 6% net floor area 100 sqft/DU 60 sqft/DU minimum on average E.5. Home Occupation Apartments 100 sqft/DU 10% net floor area N/A 60 sqft/DU minimum on average * * * B. Special Downtown Neighborhood Requirements. All Special Requirements on this page apply to development in the Downtown Neighborhood. * * * b. Frontage coverage requirements, as provided in BMC 12.64.212, may be reduced to 20% if the frontage is replaced by public open space. c. The Build-to-Corner requirement, as provided in BMC 12.64.213, may be waived to provide public open space. * * *12.64.103 Downtown Transition District Requirements November 10, 2020 Agenda Packet Page 48 of 120 Att-2 Page 5 of 22 * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 10% net floor area 100 sqft/1000 sqft N/A D. Lodging 10% net floor area100 sqft/room N/A E. Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft/DU minimum on average E.5. Home Occupation Apartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * 12.64.104 SR 522 Corridor District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 10% net floor area 100 sqft/1000 sqft N/A D. Lodging 10% net floor area100 sqft/room N/A E. Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft/DU minimum on average E.5. Home OccupationApartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * 12.64.105 General Downtown Corridor District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space November 10, 2020 Agenda Packet Page 49 of 120 Att-2 Page 6 of 22 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office 10% net floor area 100 sqft/1000 sqft N/A D. Lodging 10% net floor area100 sqft/room N/A E. Residential: Townhomes 9% net floor area 150 sqft/DU 60 sqft/DU minimum on average E.5. Home OccupationApartments 150 sqft/DU15% net floor area N/A 60 sqft/DU minimum on average * * * 12.64.106 Sunrise / Valley View District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office N/A N/A D. Lodging N/A N/A E. Residential: 150 sqft/DUN/A 60 sqft/DU minimum on averageN/A E.5. Home Occupation 150 sqft/DU 60 sqft/DU minimum on average * * * 12.64.107 Park and Public Open Space District Requirements * * * 12.64.300. Street, Surface Water Managements and Open Outdoor Space Regulations District Requirements * * * 12.64.304. Provision of Open Outdoor Space 12.64.201 Building Use Public Open Space Requirements Private Outdoor Space Requirements A. Retail N/A N/A B. Civic & Cultural N/A N/A C. Office N/A N/A D. Lodging N/A N/A E. Residential: 150 sqft/DUN/A 60 sqft/DU minimum on averageN/A E.5. Home Occupation 150 sqft/DU 60 sqft/DU minimum on average * * * November 10, 2020 Agenda Packet Page 50 of 120 Att-2 Page 7 of 22 Section 5. Section 12.64.201 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.201 Building Use. * * * E. Residential. Description: All owner- and renter-occupied dwelling units, including multifamily with common entry, multifamily with individual entry, detached single-family, manufactured homes, and home occupation. 1. Multifamily with Common Lobby Entry, including apartments. Description: Buildings designed as residence for multiple households where some dwelling units are accessed through a common lobby, shared hallway, or shared stairwell. 2. Multifamily with Individual Entry, including townhomes. Description: Individual or attached buildings designed as a residence for multiple households where all dwelling units have a dedicated entrance accessed directly from the sidewalk or publicly accessible openoutdoor space. Section 6. Section 12.64.204 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.204 Building Orientation A. Except where noted in the District Regulations pages in BMC 12.64.101 through 12.64.109, all buildings in the Plan Area shall be located along and oriented towards new or existing street(s), excluding alleys and passages. A building is oriented towards a street if it has a building entrance that opens directly on to that street. B. Parking structures, garages, carriage houses and accessory buildings are permitted and encouraged to be located along alleys in lieu of streets or public open spaces. * * * November 10, 2020 Agenda Packet Page 51 of 120 Att-2 Page 8 of 22 Section 7. Sections 12.64.207-210 of the Bothell Municipal Code (BMC) are hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.207 Front Yard Setback. * * * B. Front Yard setback areas must be landscaped according to the principles set forth in BMC 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations except where exceptions are noted within the Private Frontage Requirements for a particular Frontage Type or in BMC 12.64.100 District Requirements. Entrance porticos, porches, stoops, and stairs are permitted to encroach within the required front yard setback as shown in the frontage type illustrations. Encroachments may extend up to a maximum of six feet into the private frontage. * * * 12.64.208 Side Yard Setback. * * * B. The dimension of the Side Yard Setback shall depend upon whether or not the side façade has windows into active living spaces. The side yard setback area must be landscaped according to the principles set forth in BMC 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations. The minimum required setback dimension to structures with windows and structures without windows shall be as specified in BMC 12.64.100 District Requirements. Note: Where permitted, an easement is required for buildings with 0 foot setback. 12.64.209 Rear Yard Setback. Rear Yard Setback is defined as the required minimum distance from the rear property line to any building as shown in Figure 12.64.209 Rear Yard Setback. The required rear yard setback area must be landscaped according to the principles set forth in BMC 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations. The minimum required setback dimension shall be as specified in BMC 12.64.100 District Requirements. 12.64.210 Special Setback Regulations. November 10, 2020 Agenda Packet Page 52 of 120 Att-2 Page 9 of 22 B. As shown in Figure 12.64.210 Setback Adjacent to Single Family Zones, any structures containing commercial uses and/or two or more attached primary dwelling units shall set back from any property line abutting R 9,600 through R 5,400d zones, unless the adjacent property is already occupied by structures containing two or more primary dwelling units. Where required, the following regulations apply: * * * 3. The required setback area shall be landscaped according to principles set forth in BMC 12.64.300 Street, Surface Water Management and OpenOutdoor Space Regulations. * * * Section 8. Sections 12.64.212 and 214 of the Bothell Municipal Code (BMC) are hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.212 Frontage Coverage. If providing public open space in the interior or rear of a parcel is not viable, required public open space may count toward the frontage coverage requirement. A. Frontage coverage is defined as the percentage of the length of the frontage coverage zone that shall be occupied by a primary building façade(s). The frontage coverage zone is defined as the space between the minimum and maximum front yard setback lines and the minimum side yard or front yard setback lines as shown in Figure 12.64.212 Frontage Coverage. Minimum or maximum Frontage Coverage percentages shall be as specified in BMC 12.64.100 District Requirements. B. In Districts where there is no maximum front yard setback, the frontage coverage zone shall extend from the minimum front yard setback lines to the furthest side or rear property line. C. In order to connect the public sidewalk with active openpublic spaces, courtyards, parking lots, and alleys in the interior or at the rear of a parcel, development may incorporate a passage that counts towards the frontage coverage requirements. A passage is a paved pedestrian walkway penetrating the building to access interior parking, courtyards, or other public spaces. In this case, the width of a passage may not exceed 15 feet. * * * November 10, 2020 Agenda Packet Page 53 of 120 Att-2 Page 10 of 22 12.64.214 Maximum Building Length. Maximum building length is defined as the total length of a primary building mass fronting a street or openpublic space as shown in Figure 12.64.214 Maximum Building Length. Maximum building length shall be as specified in BMC 12.64.100. Districts. Buildings shall not exceed this maximum length. A developer may build multiple buildings, each with an individual length that does not exceed the maximum building length. * * * Section 9. Sections 12.64.300-302 of the Bothell Municipal Code (BMC) are hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.300 Street, Surface Water Management and Open Outdoor Space Regulations. This section contains general requirements and guidelines designed to ensure that new streets, blocks, openoutdoor spaces, and landscaping throughout the Plan Area are provided and built with the quality and care necessary to enhance the transportation network, provide proper accessibi lity, and ensure the development of a wide range of public places within downtown as it intensifies. In addition to regulatory policies for the provision, configuration, and design of streets and openoutdoor spaces, this section provides requirements and guidelines for on-site improvements such as the design and landscaping of all spaces including front, side, and rear yards; screening for utility and service areas; as well as policies governing the treatment of furnishings plant materials, and lighting. 12.64.301 Street Regulations. A. Provision of New Streets. New Street regulations are established to ensure the creation of an appropriate, medium sized network of blocks, streets, and openpublic spaces that will support the envisioned development within the Subarea. If a New Street(s) is required on a property, review the requirements for the Configuration, and Design of New Streets in the sections that follow. Required New Streets shall be built by developers as development occurs. New alleys and passages do not satisfy street provision requirements. New Streets are required: • As determined by Maximum Parcel Perimeter regulations. November 10, 2020 Agenda Packet Page 54 of 120 Att-2 Page 11 of 22 • In order to satisfy Pre -located streets requirements. • In order to satisfy Building Orientation Requirements (see BMC 12.64.204). 1. Maximum Parcel Perimeter. * * * d. Any development proposed on a single parcel or assembled parcel larger than the maximum parcel perimeter must provide at least one new street(s) and/or openpublic space(s): (i) Resulting parcels shall not exceed the maximum parcel perimeter. (ii) Resulting blocks created within the new development shall not exceed the maximum parcel perimeter. (A) Alleys and passages are considered part of a block when calculating resulting block size. (B) All other street rights-of-way and public open spaces, including linear open spaces that average at least 25 feet in width over their entire length, are not considered part of a block when calculating resulting block size. * * * B. Sammamish River Pedestrian Walkway. Where a parcel or assembled parcel is bounded on one or more faces by the Sammamish River, it shall satisfy the following special requirements: 1. No block face along SR 522 shall exceed 500 feet in length. 2. Alleys, passages, or openpublic spaces may be used in lieu of New Streets to define block faces as long as they provide public access to the Sammamish Riverfront. * * * D. Street Design (Street Types). New Street Types shall be designed as illustrated in the following Street Design Sections. The Street types permitted in a given District shall be as specified in BMC 12.64.100 District Requirements. An applicant may propose modifications to the accompanying Street Designs provided that it can be shown that the modified street design satisfies or enhances the streetscape environment regarding each of the following stated goals. The street sections with a note are only permitted with the approval of the Fire Department. November 10, 2020 Agenda Packet Page 55 of 120 Att-2 Page 12 of 22 Designing all landscaped areas within the street right-of-way to be functional stormwater treatment and infiltration or conveyance facilities is encouraged. In situations where space is limited, recommended configurations for these facilities are shown in BMC 12.64.305 Street and OpenOutdoor Space Guidelines. * * * 3. Neighborhood Green Street. a. Purpose: Provide a centrally-located open space for public gatherings, surrounded by a streetscape environment that enhances the value of its surroundings. b. Components. * * * (v) A Neighborhood Green open space composed primarily of grassy open space and including public seating. See BMC 12.64.303 for OpenPublic Space Provision regulations. * * * 12.64.302 S urface Water Management Regulations. * * * C. Horse Creek Daylighting Special Regulations. These regulations apply north of SR 522 within the Downtown Subarea to any proposed conversion of currently piped portions of Horse Creek to an open channel, a process known as “daylighting”; to the existing open channel of Horse Creek in this area, north of NE 188th Street; and to any proposed development adjacent to such open channels. The creek itself, the creek bed, associated riparian vegetation, in-stream features such as woody debris and rocks, any graded earth, retaining walls, rockeries or other structures containing the aforementioned elements, and any protective railings or other barriers shall together comprise the “daylighted creek corridor,” Figure 12.64.302.C illustrates a typical section through the envisioned daylighted creek corridor. These regulations apply in lieu of any conflicting critical areas regulations. Any portion of Horse Creek south of SR 522 shall be subject to the critical area regul ations or the Shoreline Master Program regulations, whichever apply. * * * 4. Public Open Space Credit. If the daylighted creek corridor includes any property which is not public right-of-way and which has development or redevelopment potential, the land November 10, 2020 Agenda Packet Page 56 of 120 Att-2 Page 13 of 22 area within the limits of the daylighted creek corridor on such property shall count towards satisfaction of the public open space requirements, as established in BMC 12.64.304, of a development on that property. * * * Section 10. Section 12.64.304 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.304 Provision of Open Designated Outdoor Space A. DEFINITION 1. Open Designated PublicOutdoor Space regulations set forth requirements for the provision and design of open outdoor spaces and landscaping elements in the Plan Area. 2. These regulations are established to ensure a wide range of public outdoor spaces that complement the primary public streets and open designated outdoor spaces in each district. 3. All new open outdoor spaces within the Plan Area, whether or not they are required by Open Designated Outdoor Space Provision regulations, shall be designed and configured according to the following regulations. B. PUBLIC OPEN SPACE 1. Public Open Space is required as specified in section 12.64.100 District Requirements. Public space shall be provided as a percentage of net usable floor area, excluding service, circulation and enclosed parking areas. 2. Public Open Space shall be built on the site of the development as development occurs or may be satisfied through payment of in-lieu fees when the amount of public space required is 3,000 squa re feet or less. Projects that require more than 3,000 square feet of public space may use in-lieu fees for up to 10% of their required public space . 3. Any Public Open Space improvements and/or any in-lieu fee paid under this provision must be separate from and cannot be utilized as a credit for or otherwise offset park open space impact fees. 4. A developer may transfer required public space to a development within the Downtown subarea and within one half mile. Transfers to be completed at a later time shall be accompanied by an agreement to pay an in lieu fee should the future development not transpire. November 10, 2020 Agenda Packet Page 57 of 120 Att-2 Page 14 of 22 5. Public space in lieu fees may be used to create, enhance and/or activate public space, including street right-of-ways, in the Downtown Subarea, as determined by the Director in coordination with other departments. Section 11. Section 12.64.305 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.305 General Open Outdoor Space Requirements A. OPEN OUTDOOR SPACE DESIGN 1. Public Open Space a. The minimum width of public open space shall be 20 feet. b. Where the total required public open space is 3,000 square feet or less, after subtracting area for new streets, the public open space shall be one continuous parcel of land. Where the required public open space totals more than 3,000 square feet, the area may be divided into several usable parcels on the site; provided, that at least one parcel is a minimum of 2,000 square feet in size and all the other parcels are at least 1,000 square feet in size with a minimum width of 15 feet. c. All public open spaces shall be publicly accessible and connected to public sidewalks. They shall abut public rights-of-way on at least one side and shall be open to the public 24 hours a daydaily from at least 6:00 a.m. to 10:00 p.m . d. Public open spaces need not be publicly owned and maintained. Privately owned designated public spaces shall be maintained in good condition by the property owner and protected by a public access easement that must be recorded to run with the property prior to certificate of occupancy. e. All public open spaces shall be visible and easily accessible from surrounding streets and avoid masses of shrubs around edges. f. All designated public spaces shall be signed as such, using a template provided by the City or an approved alternate method, with preference given to creative signage that also explains the history of the site or special features of the public space. Signage for passages shall include wayfinding information as appropriate. g. For purposes of meeting frontage coverage, build-to-corner and wrapping of parking structures and lots, designated public space may substitute for building area. 2. Private Outdoor Space November 10, 2020 Agenda Packet Page 58 of 120 Att-2 Page 15 of 22 a. Private Outdoor Space shall be provided in the form of yards, balconies, or patios whose primary access is from the dwelling served, or roof decks and terraces accessible to the residents. * * * B. LANDSCAPING 1. All development shall adhere to BMC 12.18.030 existing vegetation retention regulations. 2. Designated public spaces shall employ trees and living groundcover where possible and a mix of hardscape and container plantings where over built areas, as appropriate to the use. C. WALLS AND FENCES Any blanks walls facing designated public spaces shall be treated architecturally, with artistic treatments or with plantings. * * * Section 12. Section 12.64.306 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.306 Street and Open Outdoor Space Guidelines * * * B. PUBLIC SPACES 1. Public spaces should provide a variety of seating options, areas of sun and shade for year- round climatic comfort, shelter, and night lighting to encourage public activity and ensure safety. 2. Public spaces at or near the sidewalk level are preferred. Public spaces that are not at sidewalk level or that extend into the site should include wayfinding signage, avoid dead-end spaces and have passive visual connections (i.e. overlooking windows, decks, terraces and/or balconies) and, if deemed desirable, acti ve (i.e. video) surveillance. 3. Projects with grouped outdoor mailbox areas are encouraged incorporate those areas in or adjacent to their public space, including, where appropriate, widened passage areas. C. WALLS AND FENCES 1. Frontage Fences and Walls a. Front yard fences should employ a combination of thick and thin structural elements with thicker elements for supports and/or panel divisions. Fence posts and/or support columns should be defined using additional trim, caps, finials, and/or moldings. November 10, 2020 Agenda Packet Page 59 of 120 Att-2 Page 16 of 22 b. All walls should have a cap and base treatment. c. Frontage walls may occur as garden walls, planter walls, seat walls, or low retaining walls. d. Entrances and pedestrian “gateways” should be announced by posts or pilasters, and may be combined with trellises, special landscaping, decorative lighting, public art or other special features. 2. Screening Fences and Walls a. Side yards and rear yards may contain landscape features that protect the privacy of the property’s occupants such as landscaping, trees and screening walls. b. Screening fences and walls should be constructed of materials that are compatible with the architecture and character of the site. Natural colors, a cap or top articulation, and related dimensional post spacing increments should be used at screening fences to enhance compatibility. c. Design elements should be used to break up long expanses of uninterrupted walls, both horizontally and vertically. Walls should include design elements such as textured concrete block, interlocking “diamond” blocks, formed concrete with reveals, or similar materials. Landscape materials should also be used to provide surface relief. * * * 4. Piers a. Piers are architectural elements of fences or walls that can add interest to and break up long expanses. b. Piers are recommended to have a base, shaft and cap composition. Larger piers may be specially designed for gateway or other special locations, and these may incorporate ornamental plaques or signs identifying the building or business; public art such as panels or sculptural elements; and /or light fixtures. Piers may be topped by ornamental finials, light fixtures, or roof caps. c. Recommended dimensions for masonry piers are approximately 18 inches per side or diameter, and the maximum spacing between piers should be 20 feet. 5. Materials and Colors a. All fences and walls should be built with attractive, durable materials that are compatible with the character of Bothell (see Section 12.64.500). b. Appropriate fence materials include wood, masonry, and metal. i. Wood picket fences are only recommended along residential streets. For wood picket fences, a paint finish or vinyl coating should be applied. November 10, 2020 Agenda Packet Page 60 of 120 Att-2 Page 17 of 22 ii. For iron or metal fences, recommended materials include wrought iron, cast iron, welded steel, tubular steel, or aluminum. Metal fences should be mounted on a low masonry wall, and /or between masonry piers. c. Appropriate wall materials include stone, brick, precast concrete, textured concrete block, or formed concrete with reveals and/or an architectural finish. A stucco finish may be used over a masonry core, except in the Downtown Special Review Area. i. Exposed block walls should be constructed with a combination of varied height block courses and/or varied block face colors and textures (e.g. a combination of split-face and precision-face blocks). Plain gray precision-face concrete block walls are discouraged. Design treatments and finishes previously described should be applied to these walls for improved visual compatibility with building architecture. ii. An anti -graffiti coating is recommended for exposed masonry wall surfaces and should be clean, colorless and without sheen. d. Support post or pier materials may differ from fence materials; e.g. metal fence panels combined with masonry piers. Recommended materials include brick, terra cotta, and stone, colored or decoratively treated cast-in-place concrete, precast concrete or concrete block, or stucco-faced concrete or concrete block. (Note: Stucco -faced concrete or concrete block are not permitted in the Downtown Special Review Area). e. Bollards are recommended to be cast iron, cast aluminum, and precast concrete. An anti -graffiti protective coating is recommended for precast concrete. f. Colors and finishes of mechanical enclosures and equipment should be coordinated with colors and finishes of streetlights, fencing and other painted metal surfaces to be used on site, or with the associated building’s material and color scheme. g. Street and building-mounted metal furnishings should be powdercoated or painted with Waterborne Acrylic Polyurethane, such as Tnemec Series 1080 or similar product. For powdercoated finishes, a chemically compatible UV-protectant clear coat is recommended for prevention of color fading. D. SITE FURNISHINGS 1. Public gathering places and other publicly accessible areas should be detailed with decorative, pedestrian-scaled site furnishings and equipment. 2. Seating, freestanding planters, ornamental solid waste and recycling receptacles, bike racks, drinking fountains, pergolas, trellises, heaters, umbrellas, wind screening, and decorative bollards are recommended. 3. When designing seat walls with straight edges of more than six feet in length, consider detailing that will prevent skateboard damage. November 10, 2020 Agenda Packet Page 61 of 120 Att-2 Page 18 of 22 4. Land scape structures and sculptural objects should reference the human scale in their overall massing and detailing. 5. Components should be made of durable high quality materials such as painted fabricated steel, painted cast iron, painted cast aluminum, and integrally colored precast concrete. Recycled materials should be used so long as the finish or look of the material is consistent with or similar to the finishes prescribed above. Metal surfaces should be coated with highly durable finishes such as aliphatic polyurethane enamel. E. PLANT MATERIALS 1. Plant materials should always be incorporated into new development site design to provide “softening” of hard paving and building surfaces. 2. Mature, existing trees should be preserved whenever possible. 3. Tree sizes should be suitable to lot size, the scale of adjacent structures, and the proximity to utility lines. 4. For street trees and plaza trees to be installed within paved areas, the use of structural soil planting beds, continuous soil trenches, or root path trenches is strongly recommended in order to maximize the ability of the tree to thrive and perform well in the urban environment. 5. Both seasonal and year-round flowering shrubs and trees should be used where they can be most appreciated - adjacent to walks and recreational areas, or as a frame for building entrances and stairs. 6. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees are recommended in front of private residences. 7. Evergreen shrubs and trees should be used for screening along rear property lines, around solid waste/recycling areas and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. * * * Section 13. Section 12.64.404 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.404 Parking Guidelines * * * C. Sustainability Guidelines. See also related sustainability guidelines under sections 12.64.306(G) (Street and OpenOutdoor Space Guidelines - Sustainability) November 10, 2020 Agenda Packet Page 62 of 120 Att-2 Page 19 of 22 and 12.64.503(D) (Architectural Elements – Sustainability Guidelines). In addition to the guidelines below, further requirements and guidelines are anticipated to be developed as part of the city’s sustainability initiative. * * * Section 14. Sections 12.64.501 and 503 of the Bothell Municipal Code (BMC) are hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): 12.64.501 Building Height Massing Regulations * * * B. Side and Rear Façade Height Massing Elements. 1. Full Requirements. Requirements for Side and Rear Façades are the same as those for Street Façades in the following cases: * * * c. Where the side or rear wall faces upon a public open space or active open space such as a plaza or courtyard. 12.64.503 Architectural Elements Regulations. * * * D. Sustainability Guidelines. See also related sustainability guidelines under BMC 12.64.306(G) (Street and OpenOutdoor Space Guidelines) and 12.64.404(C) (Parking Guidelines - Sustainability). In addition to the guidelines below, further requirements and guidelines are anticipated to be developed as part of the city’s sustainability initiative. * * * Section 15. The Glossary for Chapter 12.64 of the Bothell Municipal Code (BMC) is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of these sections shall remain unchanged and in full force, including those portions that are omitted in the text here as indicated by three asterisks (* * *): Glossary. November 10, 2020 Agenda Packet Page 63 of 120 Att-2 Page 20 of 22 OpenOutdoor Space: Land that may be used for passive or active recreation. There are a wide range of open space types including parks, plazas, landscaping, lawns and other configurations. * * * Passage: An at-grade pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting sidewalks or front yards to rear yards, parking areas, and openpublic spaces. Passages may be roofed over. Path: A pedestrian (or bike) way traversing a park or rural area, with landscape matching the contiguous openpublic space. * * * Private F rontage: 1. The portion of a property between the back of sidewalk line and the primary building façade along any Street. 2. Portions of all primary building façades up to the top of the first or second floor, including building entrances, located along and oriented to a street or active openpublic space. * * * Section 16. SEVERABILITY. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 17. EFFECTIVE DATE. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 18. CORRECTIONS. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers , and any references thereto. November 10, 2020 Agenda Packet Page 64 of 120 Att-2 Page 21 of 22 APPROVED: _____________________________________ LIAM OLSEN MAYOR ATTEST/AUTHENTICATED: LAURA HATHAWAY CITY CLERK APPROVED AS TO FORM: PAUL BYRNE CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: (2020) November 10, 2020 Agenda Packet Page 65 of 120 Att-2 Page 22 of 22 SUMMARY OF ORDINANCE NO. (2020) City of Bothell, Washington On the day of , 2020, the City Council of the City of Bothell passed Ordinance No. __ (2020). A summary of the content of said Ordinance, consisting of the title, is provided as follows: AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, AMENDING SECTIONS OF CHAPTER 12.64, DOWNTOWN SUBAREA REGULATIONS , OF THE BOTHELL MUNICIPAL CODE. . The full text of this Ordinance will be mailed upon request. LAURA HATHAWAY CITY CLERK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: (2020) November 10, 2020 Agenda Packet Page 66 of 120 City Council Agenda Bill AB # 20-143 TO: Mayor Olsen and Members of the Bothell City Council FROM: Nik Stroup, Parks and Recreation Director DeNae McGee, Tourism Manager and Arts Commission Liaison (Presenter) DATE: November 10, 2020 SUBJECT: Consideration of Approving the Bothell Arts Commission Selection of Artist John Fleming for Conceptual Artwork Design Related to the Rebuild of Fire Station 42 and Fire Station 45 and Acknowledge Forgoing the Collection of Permit Fees Associated with the Art Installation. POLICY CONSIDERATION: This item asks the City Council to consider approval of John Fleming as the artist to incorporate his conceptual artwork to Fire Station 42 and Fire Station 45, in line with the guidelines set forth by the City’s Public Art Policy. City Council recognizes the importance public art plays in the cultural enrichment of the City of Bothell by setting aside One Percent for Public Art Funds expended on certain city-owned capital improvement projects within the city for the funding of art in public places. The City Council previously provided policy direction on this matter by adopting the guidelines outlined in the Public Art Policy and One Percent for Public Arts Fund. If this item is approved, staff will implement the direction given by the City Council. HISTORY: DATE ACTION MARCH 3, 2009 City Council adopted Ordinance No. 2013 Establishing a One Percent for Public Art Fund JANUARY 10, 2017 City Council adopted Ordinance No. 2216 Establishing the Bothell Arts Commission NOVEMBER 21, 2017 City Council adopted Resolution No. 1368 Establishing a Public Art Policy JULY 7, 2020 City Council dedicated $68,000 to Public Art for Fire Station #42 The Public Art Policy was created as a tool for the Bothell Arts Commission in selection of artists for incorporating public art within the City of Bothell. November 10, 2020 Agenda Packet Page 67 of 120 City Council Agenda Bill AB # 20-143 Ordinance No. 2013 is referenced in the Public Art Policy which establishes a One Percent for Public Arts Fund. In November, 2018, voters approved a Safe & Secure Bond and Levy which included the replacement of Fire Station 42 and 45. BN Builders/Miller Hull Partnership is City Council’s selection for the Progressive Design-Build Agreement for all phases of this replacement project. On July 7, 2020, Council approved $68,000 to incorporate public art funds towards this project. With this amount solidified, the BAC announced a Request for Qualifications using Western States Arts Federation’s Café platform where over 900 artists applied for consideration of site-specific artwork for the rebuild of Fire Station 42. Fire Station 45 was not included in the call. Priority was given to qualified artists residing in Washington, Oregon, Idaho, and California. DISCUSSION: The One Percent for Public Art applies to the acquisition of qualifying city-owned capital projects funded wholly or in part by the city at a cost exceeding $50,000 for construction or remodel of the above ground component of any public building, decorative or commemorative structure, bridge, transportation or park project. Fire Station 42 and Fire Station 45 fit within the guidelines provided. Chapter 3.75.060 Public Art Fund Of Ordinance No. 2013 – General Obligation Proceeds – further states that in the case of a city project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing of ordinance approved by the City Council. Bond funds dedicated to artwork for the fire stations therefore must be expended in their entirety on the stations and not pooled into the fund to be expended on other public art projects. Following the adopted guidelines, a jury comprised of two members of the Arts Commission, an artist, the project architect, and the Bothell Fire Chief scored all artist submittals. The three highest scoring applicants were then invited to submit proposals. Finalists were paid a $1,000 honorarium to create a design proposal for the station. The jury met twice to review the three design proposals, and after further clarification from each artist, the jurors unanimously selected John Fleming as their artist of choice for Fire Station 42 and Fire Station 45. Specifically, the Jury was most intrigued with the lighting of the numbers on Fire Station 42 and inquired if the artist would be open to branding the lighted number design at Fire Station 45 as well. The artist’s concepts for Fire Station 42 were presented in a menu of options allowing for flexibility in budget for lighting November 10, 2020 Agenda Packet Page 68 of 120 City Council Agenda Bill AB # 20-143 Fire Station 45 (See Att. 3, 4). Due to the flexibility of options presented for Fire Station 42, adding lighting to Fire Station 45 does not impact the $68,000 budget. The primary reasons for the unanimous selection and recommendation of John Fleming was his willingness to light the numbers of Fire Station 45, the playful nature of his work, and his overall design, which the Jury felt best complimented the architectural design of the stations. The Jury recommendation was forwarded to the Bothell Arts Commission who approved the selection of John Fleming at their regularly scheduled monthly meeting on October 8, 2020. If the Council approves this item, BN Builders/Miller Hull Partnership will enter into a contract with John Fleming as the city’s artist of choice for the Fire Station rebuild project. Additionally, the City Manager, who has the ability on a case-by- case basis to forgo collection of permit fees for projects of this type, has opted to do so as it relates to the installation of the artwork. FISCAL IMPACTS: The budgeted value of $68,000 was approved by City Council on July 7, 2020 and is sufficient to fund this project. The budget does not include permit fees and the City Manager has opted to forgo collection of these fees from the art project budget in order to not reduce the amount available for artist supplies and fees. Based on the budget of anticipated material and labor costs, the estimated building permit fee for this project is $1450. ATTACHMENTS: Att-1. City of Bothell One Percent for Public Arts Fund Att-2. City of Bothell Public Art Policy Att-3. John Fleming Conceptual Artwork for FS 42 Att-4. John Fleming Q&A Response to FS 45 RECOMMENDED ACTION: Approve the Bothell Arts Commission selection of artist John Fleming for conceptual artwork design related to the rebuild of Fire Stations 42 and 45, in the amount of $68,000 and acknowledge forgoing the collection of permit fees associated with the art installation. November 10, 2020 Agenda Packet Page 69 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 70 of 120 o ORDINANCE NO. 2013 (2009) AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, ESTABLISHING A ONE PERCENT FOR THE ARTS PROGRAM, ESTABLISHING A PUBLIC ARTS FUND; AND ADDING A NEW CHAPTER TO TITLE 3 OF THE BOTHELL MUNICIPAL CODE WHEREAS, the City Council of the City of Bothell recognizes the important role that art in public places plays in the cultural enrichment of the city; and WHEREAS, the City Council of the City of Bothell wishes to set aside one percent of the funds expended for the construction costs of qualifying City -owned capital improvement projects within the city for the funding of art for public places; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. A new chapter is added to Title 3 of the Bothell Municipal Code, to be entitled "Percent for the Arts," to read as follows: Chapter 3.75 PERCENT FOR THE ARTS 3.75.010 Percent for the Arts Program - Established. There is hereby established the One Percent for the Arts Program to set aside one percent of the funds to be expended on the construction costs for qualifying City -owned capital improvement projects within the city for the funding of art for public places. 3.75.020 Public Arts Fund - Established. There is hereby established in the City treasury a Percent for the Arts Fund to be known and designated as "Public Arts Fund" for the purpose of providing funds for the One Percent for the Arts projects. 3.75.030 Public Arts Fund - Definitions. As used in conjunction with the Public Arts Fund and the One Percent for the Arts Program, the following terms have the meanings set forth below: A. "Acquisition of real property" means the purchase of parcels of land or existing buildings and structures, including associated costs such as appraisals or negotiations. Page 1 of 5 2013 (2009) Att-1 November 10, 2020 Agenda Packet Page 71 of 120 0 0 B. Art in public places" means any expression by an artist of visual works of art available to the public in areas designated as public areas within the City - owned facility, or on non - City -owned property if the work of art is installed or financed, in whole or in part, by the City. C. "Demolition costs" means the cost of removing buildings or other structures from the property. D. "Equipment" means equipment or furnishings that are portable. E. "Qualifying City -owned capital improvement project' means projects funded wholly or in part by the City at a cost exceeding $50,000 for the construction or remodel of any public buildings, decorative or commemorative structures, bridges, and above - ground transportation and parks projects. 3.75.040 Public Arts Fund All authorizations and /or appropriations for qualifying capital improvement projects shall include an amount of not less than one percent of the construction cost to be set aside for transfer to the Public Arts Fund. 3.75.050 Public Arts Fund - Method of Calculation of Total Construction or Remodeling Project Cost For qualifying City -owned capital improvement projects, the minimum amount to be appropriated for art in public places shall be the total amount of the awarded construction contract as originally approved by the City Council, or as subsequently amended, multiplied by one percent. Provided, however, that any City - funded amount for the acquisition of real property or equipment or for demolition shall be excluded for the purposes of this calculation. 3.75.060 Public Arts Fund - General Obligation Proceeds In the case of a City project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing of ordinance approved by the City Council. 3.75.070 Public Arts Fund - Uses From time to time, the City Council shall select an ad hoc committee that will make recommendations for use of the percent deposit. The City Council shall review the procedures and art selection criteria established by that committee, and the City Council shall have final approval for all expenditures for the One Percent for the Arts projects. These funds shall be used for: A. Selection, acquisition, and installation or display of original works of visual art, including works of art on loan to the City or temporarily displayed at public facilities, which may be an integral part of the project, or be placed in, on or about the project or in another public facility; Page 2 of 5 2013 (2009) November 10, 2020 Agenda Packet Page 72 of 120 B. Repairs and maintenance of public art acquired with the art in public places fund; and C. Other project- specific expenses of selection and acquisition of public art; provided that no part of the funds shall be used to pay administrative staffing expenses of the program. D. Any unexpended funds which remain in the Public Arts Fund at the end of any budget period shall not be transferred to the General Fund or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in this section, unless otherwise directed by the City Council. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener's /clerical errors, references, ordinance numbering, section /subsection numbers and any references thereto. APPROVED: MARK LAMB MAYOR ATTEST /AUTHENTICATED: SNS - 6z: z JOANNE TRUDEL CITY CLERK Page 3 of 5 2013 (2009) November 10, 2020 Agenda Packet Page 73 of 120 APPROVED AS TO FORM: JOSEPH BECK CITY ATTORNEY FILED WITH THE CITY CLERK: February 24, 2009 PASSED BY THE CITY COUNCIL: March 3, 2009 PUBLISHED: March 9, 2009 EFFECTIVE DATE: March 14, 2009 ORDINANCE NO.: 2013 (20091 Page 4 of 5 2013 (2009) November 10, 2020 Agenda Packet Page 74 of 120 SUMMARY OF ORDINANCE NO. 2013 (20091 City of Bothell, Washington On the 3d day of March, 2009, the City Council of the City of Bothell passed Ordinance No. 2013 (2009) A summary of the content of said Ordinance, consisting of the title, is provided as follows: AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, ESTABLISHING A ONE PERCENT FOR THE ARTS PROGRAM, ESTABLISHING A PUBLIC ARTS FUND; AND ADDING A NEW CHAPTER TO TITLE 3 OF THE BOTHELL MUNICIPAL CODE The full text of this Ordinance will be mailed upon request. JOANNE TRUD CITY CLERK FILED WITH THE CITY CLERK: February 24, 2009 PASSED BY THE CITY COUNCIL: March 3, 2009 PUBLISHED: March 9, 2009 EFFECTIVE DATE: March 14, 2009 ORDINANCE NO.: 2013 (2009) Page 5 of 5 2013 (2009) November 10, 2020 Agenda Packet Page 75 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 76 of 120 RESOLUTION NO. 1368 (2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, ESTABLISHING POLICIES AND PROCEDURES FOR PUBLIC ART EXPENDITURES AND IMPLEMENTATION OF THE ONE PERCENT FOR THE ARTS PROGRAM WHEREAS, the City Council for the City of Bothell established a One Percent for the Arts fee on all new development; and WHEREAS, the City Council formed the Bothell Arts and Festivals Commission to bring forward recommendations to the Council regarding spending of the fees collected; and WHEREAS, the Bothell Arts and Festivals Commission is seeking guidelines for public art within the city of Bothell. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1 . The attached Public Arts Policy for the City of Bothell is adopted in its entirety. Section 2. The Public Arts Policy will be the guiding document for the Bothell Arts and Festivals Commission regarding the spending of fees collected through the One Percent for the Arts program. Section 3. Any and all suggested amendment to the Public Arts Policy will be brought before the City Council for consideration and adoption. Section 4. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener's/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. PASSED this 2P1 day of November, 2017. APPROVED: �EA� MAYOR Page 1 of 12 1368 (2017) Att-2 November 10, 2020 Agenda Packet Page 77 of 120 November 10, 2020 Agenda Packet Page 78 of 120 November 10, 2020 Agenda Packet Page 79 of 120 November 10, 2020 Agenda Packet Page 80 of 120 November 10, 2020 Agenda Packet Page 81 of 120 November 10, 2020 Agenda Packet Page 82 of 120 November 10, 2020 Agenda Packet Page 83 of 120 November 10, 2020 Agenda Packet Page 84 of 120 November 10, 2020 Agenda Packet Page 85 of 120 November 10, 2020 Agenda Packet Page 86 of 120 November 10, 2020 Agenda Packet Page 87 of 120 November 10, 2020 Agenda Packet Page 88 of 120 Rather than adding a sculpture in front of Station 42, why not let the beautiful new building be the artwork? By focusing on the entrance of the station, my proposal does just that. The entrance becomes an art experience in fire engine red. 1.Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com Att-3 November 10, 2020 Agenda Packet Page 89 of 120 When I think of fire stations, I think of shiny fire trucks and the special hats firefighters wear. Red & chrome. In 2013, I was able to repurpose the parts from railroad crossings into my Signals installation for Redmond, Washington. I still have a collection of polycarbonate red lenses and parabolic mirrors. They would be a perfect contribution to Fire Station 42. 2. Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com November 10, 2020 Agenda Packet Page 90 of 120 Images of fire hats are CNC laser-cut into high-gloss red aluminum panels. At the entry wall, 25 parabolic mirrors (polycarbonate) are mounted behind these cutouts. The parabolic mirrors create ever-changing interactive visual affects for anyone entering the station. 3.Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com November 10, 2020 Agenda Packet Page 91 of 120 4.Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com Glossy red panels frame the public entrance to the station. The larger 9’-6” x 10’-8” panel is enhanced with parabolic mirrors behind the fire hat cutouts. The mirrors reflect in truly surprising ways as you approach or peek inside. The entrance’s central wood block is subtly activated with a red glow through the slots between the yellow-cedar rain-screen. Twelve-inch-diameter red lenses repurposed from railroad crossing signals grace the canopy overhead. November 10, 2020 Agenda Packet Page 92 of 120 Armacost color-changing LED tape lighting listed for wet location. LED tape lights are installed in ‘rainscreen’ cutouts. The “42” can be programmed to light up, pulse, and/or change color to acknowledge fire and medic responses. I would coordinate with the architects to match Hardie panel dimensions and colors in order to seamlessly integrate with the building design. 12” diameter repurposed ‘railroad’ lenses with low-voltage LED lights are surface-mounted to the underside of the canopy. Back wall painted fire-engine red behind a yellow-cedar rainscreen. Subtle lighting from LED tape lights activiates the wood. CNC-cut entry wall with internal grid of parabolic mirrors. Wall extends 16” into lobby interior. Grid of twenty-five 12” diameter 4” deep parbolic mirrors 5.Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com November 10, 2020 Agenda Packet Page 93 of 120 6.Fire Station 42 — Conceptual Design Artwork — 11 September 2020 — John Fleming — www.johnflemingartist.com John Fleming— Fire Station 42 Preliminary Artwork Budget, 11 September 2020 Project Budget $68,000.00 Artist fee— John Fleming 20,000 Travel and lodging — Materials 1/4” thick aluminum plate (fire hat panels)2,000 Rain screen at “42” (possible rebate for siding included in building budget)3,000 5/4 yellow cedar rain screen at wood block entry (possible rebate for wood siding included in building budget)4,000 Lighting Upper “42”— Armacost color changing LED tape (wet location)3,000 Lower wood building block— Armacost LED tape (wet location)565 Railroad canopy lenses— Armacost LED surface mount (wet location)565 Lighting control system 2,000 Fabrication CNC laser cut aluminum, auto body enamel paint finish 5,000 CNC cutting at hardie plank “42”, paint to match building finishes 1,000 Yellow cedar millwork, clear finish or coordinate with architect 1,000 Installation— fire hat panels, rain screens, and lighting 6,000 Lighting programming & commissioning 3,000 Engineering, permits, and fees 1,000 Site prep 1,000 Rental equipment— scissor lift or articulated boom 2,000 Finish work/clear coat/site repair 1,000 Staff/assistants/interns 2,000 Liability insurance 1,000 Contingency (15%)8,870 Project Totals $68,000 November 10, 2020 Agenda Packet Page 94 of 120 1. Can you provide more detail as to what will go behind the parabolic lens? What does the back side of this wall look like? How do we ensure that dust, garbage, etc. does not get trapped inside the lens- es. People may be inclined to put items through the helmets into the lens. Great question. The drawing below shows how the parabolic mirrors are concealed within a wall that has 1/4” thick aluminum on the front, back and ends. I appreciate your concern about things collecting inside the fire hat openings. The developed design will include tempered glass, or clear UV-resistant acrylic, with gasket seals mounted to the inside face of the cut openings. The viewer will be able to see into the mirrors and get the full visual experience, but the mirrors will be protected by the clear barrier. The outside aluminum face and the glass can be washed without anything reaching the inside chamber. The aluminum faces, glass, and mirrors will be mounted to an internal metal frame with flush head bolts, (red or possibly chrome) to express fire engine esthetic. As in the Beatles’ song, Penny Lane: It’s a clean machine, very clean. 2. Can you explain more about the strip lighting for the red lens’ along the entry soffit? Is the lighting within each lens or mounted beside the lens to the underside of the soffit? The LED lights would be mounted to the underside of the canopy inside each red lens (convex lens side faces down). The lenses are mounted with rubber gaskets as seals to cover and protect the LEDs. The LED tape lights can be cut to length, 6 to 12 LEDs per lens, their shallow thickness allows them to fit within the 1-1/2” deep space between the surface of the canopy and the inside face of the lens. I have experience with these LED systems, but would want to work closely with the architects to confirm the manufacturer and coordinate the low voltage wiring that would run within the canopy. Construction Detail at wall with parabolic mirrors Att-4 November 10, 2020 Agenda Packet Page 95 of 120 3. There is currently no rain screen budgeted for the wall construction at the “42”. Does your budget have room for that? A furring system ‘rain screen’ would provide a shallow recess for the ’42’ cutouts and the recessed LED tape lighting. This furring system would occur only at the 15’-6” x 18’-0” rectangular area of the ’42’. From our question and answer session it was my understanding that the building is clad with painted fiber-cement lap siding, ‘Hardie Plank’. I would assume that the siding and paint would be provided by the owner. My budget would include labor and materials for the ’42’ cutouts, the furring system ‘rain screen’ in the 15’-6” x 18’-0” rectangular area, and the LED tape lighting system. I would also want to work with the architects to assess if the rain screen is the best approach, or if there is another way to conceal the lights in lap siding cutouts without a rain screen. 4. If something could be removed from your current design concept, would you consider lighting the numbers “45” for the other fire station rebuild currently not included in this call? And, if so, what would you eliminate from the current design to allow for this possibility? My design, with its five parts, is deeply integrated into the building’s design. The ’42’ is a terrific marker. In a way, I’m simply enhancing this marker with an interactive lighting system. I love the architect’s design of the lighter-colored wood block at the center. By adding a rainscreen and lighting to the wood block, I am activating it with a red glow, but this by no means essential. If I am the selected artist I would hope to open up a dialogue with the whole design team. Let’s look closely at the priorities and figure out how to most effectly use the art budget. I am excited about letting the building be the artwork, and having the entrance become an art experience in fire engine red. Thank you for your questions! I think the idea of lighting the numbers in both stations 42 and 45 is a great idea! I’m not familiar with the design of Fire Station 45, but if it uses the same cladding system as 42, this could be a great branding opportunity and a way to to help unify the Bothell Fire Department. My design for Fire Station 42 can be broken into five distinct parts, each helping to activate the entrance: 1. The 9’-6” x 10’-8” wall with the fire hat cutouts and parabolic mirrors (right of the entrance). 2. The 2’-0” x 10’-8” wing wall with fire hat cutouts (left of the entrance). 3. The large ’42’ over the entrance. 4. The eighteen red railroad lenses on the underside of the canopy. 5. The central wood block with LED lighting in a rain screen space (a red glow through the vertical slots in the wood). If I were to remove something, it would be either: 5. the wood block/rain screen/lighting system, or 4. the eighteen red railroad lenses under the canopy.1. 2. 3. 4. 5. November 10, 2020 Agenda Packet Page 96 of 120 City Council Agenda Bill AB # 20-144 TO: Mayor Olsen and Members of the Bothell City Council FROM: Jennifer Phillips, City Manager Kellye Mazzoli, Assistant City Manager (Presenter) Shelly Helder, GTH Government Affairs (Presenter) DATE: November 11, 2020 SUBJECT: Consideration of the City of Bothell 2021-2022 Legislative Agenda and Policy Manual POLICY CONSIDERATION: This item asks the City Council to establish the City’s legislative platform by considering an updated Legislative Agenda and Policy Manual. These two documents will guide City interests in the upcoming 2021 Washington State Legislative Session. They directly connect to the Council’s goal of improving intergovernmental relations and community connections while also supporting the Council’s goal of fiscal responsibility and stability by enhancing the City’s chances of receiving State funding for local projects. This item provides Council an opportunity to review and offer direction on the City’s platform established in the attached Legislative Agenda and Policy Manual assembled by City staff and contracted lobbyist. HISTORY: In early 2018, the City Council expressed an interest in expanding the City’s presence and engagement at the regional and state levels of government. Following the expression of this interest, City Council selected a consultant, Gordon Thomas Honeywell (GTH), to provide state relations services for the City. With the support of GTH, the 2019 Legislative Session proved to be highly successful for the City, which received full funding ($2.98 million) for all three of its funding requests. Moreover, the Legislature approved funding for additional police academy classes and the construction of dual express toll lanes on I-405 between SR 522 and SR 527 ($600 million), also identified as legislative priorities for the Council. The Council subsequently approved contract extensions with Gordon Thomas Honeywell Government Affairs on September 3, 2019 and most recently on November 10, 2020 Agenda Packet Page 97 of 120 City Council Agenda Bill AB # 20-144 September 15, 2020 to provide government relations services now through the 2021 Legislative Session. DISCUSSION: Maintaining regular, positive relationships with State elected representatives, whose decisions often directly impact cities, is of particular importance for the City of Bothell. Beyond regulatory implications, through its grants and budget allocations, the State of Washington transfers a large amount of funding each year to cities for a variety of local projects and programs. In order to maximize potential for receiving such State funding, the City has benefited from hiring a state government relations consultant and continues that practice with our current consultant, Gordon Thomas Honeywell. Shelly Helder of GTH will attend this meeting to present and discuss with City Council the proposed updates to two (2) legislative documents: • Legislative Agenda: Expresses the City’s specific funding requests of the Capital, Operating, and Transportation budgets and other crucial top priorities. (See Att-1) • Policy Manual: Expresses the City’s policy positions on a range of issues. (See Att-2) Once adopted, the Legislative Agenda and Policy Manual will help guide staff from GTH and the City throughout the upcoming Legislative Session. Immediately following adoption of the legislative documents, the consultants will begin communication of those priorities to Legislators prior to the start of the session. FISCAL IMPACTS: The legislative agenda includes priorities that will protect the City’s financial interests and hopefully facilitate additional state and federal investments in the community. Funding for the City’s lobbyist is included in the Preliminary 21-22 Budget. ATTACHMENTS: Att-1. Proposed 2021-2022 Legislative Agenda Att-2. Proposed 2021-2022 Policy Manual (track changes) Att-3. Memo on Special Session and 2021 Session RECOMMENDED ACTION: Approve the proposed City of Bothell 2021-2022 Legislative Agenda and Policy Manual. November 10, 2020 Agenda Packet Page 98 of 120 Adopted by City Council on: XXXXX 2021-2022 State Legislative Agenda Widening of Bothell Way NE/Bothell-Everett Highway As the Legislature considers a new transportation revenue package, the City requests inclusion of $7 million toward construction of the widening of Bothell Way NE between Reder and 240th St. SE. The City has already secured design funds and some acquisition funds, including federal grants. Design will begin in 2021 and construction is planned for the 2025-27 biennium. This highway carries 17,800 average daily trips and connects State Route 522 to I-405. This project is key to bringing Community Transit’s Rapid Ride to Downtown Bothell and the UW Bothell/Cascadia College Campus and will improve connection between Downtown Bothell and the Canyon Park Regional Growth Center. North Creek Regional Trail Section 4 The North Creek Regional Trail links the cities of Bothell, Mill Creek and Everett, as well as the communities in between. However, there is a missing segment of the trail within the City of Bothell along SR 524 between Filbert/9th and roughly SR 527. The City has funded the design and acquisition phases with help from federal grants and is requesting $600,000 toward construction costs. Completion of the North Creek Trail system will improve safety for pedestrians and bicyclists as well as encourage non-motorized travel between business centers, transit stops, parks, and employment centers, including the Canyon Park Regional Growth Center. The North Creek Regional Trail connects the Interurban Trail at McCollum Park/ I-5 in Everett to the King County Regional Sammamish/Burke Gilman Trail in Bothell. Transportation Demand Management at Canyon Park Canyon Park is the City’s regional growth center and a major employment hub. The City is preparing to adopt the Canyon Park Subarea Plan and is beginning to plan for a transportation demand management (TDM) program. Establishing a TDM is expected to cost between $150,000 and $250,000 per year for the first three years. The City supports a robust investment in the state’s Regional Mobility Grant Program which helps local jurisdictions fund establishment of TDM programs. Downtown Revitalization With the state’s support, the City is making significant progress on the cleanup of several highly developable properties near Bothell’s downtown core – a key component of Bothell’s Downtown Revitalization Plan. To date, 4 sites have completed environmental remediation activities and are undergoing groundwater monitoring. An additional 2 sites are currently undergoing remediation and the final 2 are in the investigative phase. Continuation and/or expansion of the Department of Ecology’s Remedial Action Grant (RAG) program and adequate support for Ecology staff are key in the city’s ability to complete these cleanups. Att-1 November 10, 2020 Agenda Packet Page 99 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 100 of 120 2021-22 Policy Manual 1 | Page The City of Bothell strongly promotes local control and home rule for cities and will support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city budgets, land use, community development, and other municipal activities. Administrative and Employment Related •Oppose legislation that shifts payments for City employee’s pension and benefit programs from the state to cities. •Support proposals that assist local governments to defend against and respond to cyber- attacks. •Monitor any legislative proposals that impact the state’s current sick leave laws. Affordable Housing, Health, Human Services and Homelessness •Support initiatives that increase the availability of resources that add services and shelter, and assist communities in addressing issues of mental health, substance use disorder, and homelessness. •Support legislative efforts and additional funding to combat the heroin/opioid epidemic and to aid those hampered by addiction. •Support legislative efforts toward fair housing and anti-discrimination. •Support options to increase the supply of affordable housing in the Central Puget Sound region through investments in the Housing Trust Fund and providing local option funding mechanisms. •Support creation of a statewide fund to preserve manufactured housing communities, including public purchase of privately owned communities and replacement assistance for individual homes that have reached the end of their usable life. •Support local option for extending MFTE for rehabilitation of existing housing and for increasing duration of exemption. •Oppose state mandates of local actions without commensurate funding sources to plan for and implement the actions. Budget and Fiscal Matters •Oppose legislation that would impose state-mandated costs for which there is no guarantee of local reimbursement or offsetting benefit. •Support full cost reimbursement to the City for all state mandated programs. •Support legislative efforts to address property tax cap limits. •Protect state shared revenues (liquor, marijuana, MRSC). •Oppose legislation that would preempt or reduce local discretion over locally imposed taxes. •Support legislation that preserves tax exempt municipal bonds and advanced refunding of municipal bonds. Adopted by Council on XXXX Att-2 November 10, 2020 Agenda Packet Page 101 of 120 2021-22 Policy Manual 2 | Page Community and Economic Development • Support legislation that expands community and economic development tools and funding options for infrastructure and affordable housing - including, but not limited to expanding LIFT and/or adopting tax increment financing. • Support legislation that enhances the City’s ability to promote economic development and job creation. Education • Support for the WSOS – Washington State Opportunity Scholarship (Student Support Pathways Account) program. This allows the State of Washington to match municipal and private sector investments in eligible professional-technical degrees and certificates through an application process in the fields of science, technology, engineering, mathematics (STEM) and healthcare, and to encourage scholarship recipients to work in the state upon completion of their degrees. Environment • Support stable and increased funding for contaminated site remediation and policies that encourage greater than 50% state match for projects. • Support increased staffing at Department of Ecology to operate contaminated site remediation programs and streamline the administrative processes. • Support sustainability measures which protect the environment, including those related to waste reduction and diversion policies, clean air, and clean renewable energy, after careful assessment of each for adverse impacts on existing City resources. • Support for the preservation of Shelton View Forest. Land Use and Planning • Oppose legislation that requires cities to modify their permitting process. • Oppose legislation that limits cities’ ability to set and collect impact fees. • Oppose legislation that erodes local land use decisions and long-range planning. • Support tools that incentivize, but do not mandate, cities to increase density within their jurisdiction. • Oppose additional Growth Management requirements (e.g. buildable lands reporting, mandatory permit procedures or timelines) that are not fully reimbursed by state funding. • Support legislation that streamlines the annexation requirements and process for cities that have a designated annexation area approved by the county. • Support efforts to better integrate SMA, GMA and SEPA. • Support local option to use a portion of permit fees to support long range planning. Public Safety November 10, 2020 Agenda Packet Page 102 of 120 2021-22 Policy Manual 3 | Page • Bothell supports the need to retain local control over city law enforcement (LE) policy decisions to ensure that they meet community needs and expectations and appropriately contain costs. • Bothell supports statewide action on the following, with the need to recognize local authority and cost implications: o Expand the grounds for decertification to include those terminated for use of force violations; o Reform binding interest arbitration to provide greater authority for chiefs and sheriffs to dismiss officers who are not helpful to the agency’s mission or betray the public’s trust; o Creation of a statewide standard for use of force so long as local jurisdictions are not prohibited from enacting a more robust standard; o Creation of a statewide database to track officers who have been fired or resign from their employment for misconduct; o Require that officer misconduct investigations be completed, regardless of an officer’s resignation; o Establishing a duty for all LE officers to immediately intervene and report any misconduct or illegal activity on the part of another LE officer; o Requiring that all LE officers receive a psychological evaluation after any fatal use of force incident, prior to returning to duty; o Recognition that statewide LE requirements should not be subject to local bargaining. • Bothell will monitor statewide action on the following: o Requiring all fatal use of force investigations to be conducted by an independent state entity; o Requiring a completed investigation of a fatal use of force to be prosecuted by the Attorney General’s Office when prosecution is warranted, rather than a local prosecuting attorney; • Bothell supports narrowing of who can receive public records requests to those individuals directly involved in an active case. • Support sufficient funding for law enforcement training through Basic Law Enforcement Academy (BLEA) classes. • Support legislation to change the maximum amount of time a newly hired officer has to attend the Basic Law Enforcement Academy from 6 months to 2 months. • Support ongoing state funding for co-responder programs such as the Response Awareness, De-Escalation and Referral (RADAR) program. RADAR is a partnership between the Bothell, Kenmore, Kirkland, Lake Forest Park, and Shoreline police departments to address the rights and needs of individuals with behavioral health issues and/or developmental disabilities. • Support legislation that does not unduly impact law enforcement officials from obtaining video surveillance from public or private entities. November 10, 2020 Agenda Packet Page 103 of 120 2021-22 Policy Manual 4 | Page • Support legislation that makes it easier for public service agencies to collaborate with social services providers in order to implement emergency prevention and risk reduction programs for at-risk populations. • Support legislation that provides funding for disaster preparedness, Homeland Security, and other local emergency management and law enforcement activities. • Support and promote programs that enhance the benefits of mutual aid agreements between local governments. • Support legislation and budget requests to fund immediate and critical court services. • Support legislative changes to increase the state’s contribution towards indigent defense services. • Support efforts to move toward restorative justice in the court system. Transportation, Utilities and Public Works • Support sustainable funding for the Public Works Assistance Account. • Support continuation of Transportation Improvement Board grant funding. • Support implementation of the WSDOT I-405 Master Plan, including potential alternative funding sources if bonding of toll revenue will not allow the improvements along the north corridor to proceed in a timely manner. • Support improvements to SR 522 and SR 527 as major arterials through Bothell. • Support legislation that provides a fair, reliable, equitable, and continuous funding source for transportation projects, allocates funding for local street maintenance projects, and increases revenues for infrastructure repair and maintenance. • Support legislation that provides funding to local governments for local transportation, water, sewer, and storm system projects. • Support efforts to ensure and protect the water supply for local agencies. • Oppose legislation that seeks to lessen the City’s ability to enforce contractual language agreed to and contained within existing franchise documents. • Oppose legislation that diminishes or does not assure local franchise fees for all utilities’ use of City right-of-way. • The City of Bothell is a member of the Eastside Transportation Partnership (ETP), a collaborative organization representing 21 Eastside King County cities and King County. The City supports the ETP’s 2021 Legislative Priorities that align with city transportation priorities. . • The City supports policies and funding that provide greater access and equity for broadband services, including the potential expansion of authority to cities and other public entities. • Support authorizing parks and recreation service areas to use the small works roster. • Support providing tools and resources to ensure cities are made whole from overdue utility bills during the COVID-19 pandemic. November 10, 2020 Agenda Packet Page 104 of 120 MEMO Date: October 14, 2020 Prepared by: Briahna Murray, Vice President Shelly Helder, Senior Governmental Affairs Consultant Holly Cocci, Assistant Governmental Affairs Consultant Subject: Special Session & 2021 Legislative Session NOTE: This is an electronic document, with links to websites and other documents that expound on the issues outlined herein. To open the link in a new window hold “control” when you click on the link. Prospects of a Special Session While many stakeholders continue to call for the Legislature to convene in a special session, it is increasingly highly unlikely, especially after the September revenue forecast indicated that the budget shortfall is not as severe as originally feared. If a special session is convened, it will occur after the November election, and will be focused on a limited number of issues – budget amendments, legislation specific to the COVID-19 pandemic, etc. 2021 Legislative Session The 2021 legislative session will convene on Monday, January 11. The 2021 session is the first year of the two-year legislative biennium, is a “long” session, and will be scheduled to last 105 days and will focus on the adoption of biennial operating, capital, and transportation budgets. The Legislature will also focus on responding to the economic implications of the COVID-19 pandemic, and racial equity and criminal justice reforms stemming from the Black Lives Matter movement. The 2021 session will provide an opportunity to advance capital and transportation projects as well as certain policy priorities. This memo provides details on the political climate and policy issues that GTHGA anticipates will be discussed in the 2021 session. Virtual Format? It remains unclear whether the Legislature will conduct its activities in-person with social distancing limitations, virtually, or a combination thereof. At this time, it sounds like the House is planning to conduct all activities virtually while the Senate is looking at a hybrid approach to voting on the floor, allowing some Senators to be there in person and some to vote remotely. Political Climate: Similar to 2020 Democrats currently hold the majority in the State Senate (27 -22) and the State House of Representatives (57-41). If the November General Election follows the same trend as Att-3 November 10, 2020 Agenda Packet Page 105 of 120 the August Primary, Democrats may slightly increase their majority in both chambers come November and may become a more progressive party. Legislative districts in the urban Puget Sound region that have traditionally been represented by moderates seem to be trending toward more progressive candidates. Meanwhile, legislative districts in rural areas of the state that have recently been represented by moderate Democrats seem to be trending toward Republican candidates. The potential result is a mix of wins for both parties that is not likely to substantially change the balance of power for the 2021 session. Committee Reorganization Following the November election, the Legislature will begin the “committee on committees” process to identify committee chairs, vice chairs, ranking members and assign legislators to committees. Each biennium there is a significant reshuffling of committee leadership and membership. This year, there is also interest in all legislative proposals being evaluated through an equity lens – it’s unclear how/whether this equity evaluation will fit into the committee process. State Revenue Outlook & Budget Development The Governor and Legislature will discuss changes to the current biennial budgets that end on June 30, 2021 and will adopt new biennial operating, capital, and transportation budgets for the biennium that begins on July 1, 2021 and ends on June 30, 2023. If a special session is convened, a supplemental budget addressing the shortfall in the 2019-21 budget could be adopted prior to the beginning of the 2021 session. If not, both a supplemental 2019-21 budget, and the 2021-23 budget will be developed during the 2021 session. The budget process begins and ends with the Governor’s Office. In mid-December 2020, the Governor will submit budget proposals to the Legislature. Throughout the 2021 legislative session, the Legislature will review the Governor’s proposal and develop and adopt final budgets. The final budget adopted by the Legislature is then submitted to the Governor to be signed into law. Below is a brief summary of each budget: Operating Budget: Budget Cuts or Increase Taxes? The Operating Budget allocates operating funds to all state programs and state agencies (including education). The state balances its budget over four years (i.e. two biennia). The 2019-21 biennial budget was approximately $53.5 billion. Due to impacts from the COVID-19 pandemic, the Legislature is anticipated to face a $2.4 billion revenue shortfall in 2019-21, and a $2.1 billion revenue shortfall in the 2021-23 biennium. The Governor has asked state agencies to prepare proposals to reduce spending by 15%. It is hoped that state revenues will continue to improve and that the federal government will provide additional assistance to states to address revenue shortfalls. If neither of these occur, the Legislature will need to make budget cuts and/or increase revenue to balance the budget. With 60% of the budget dedicated to mandatory expenditures (i.e. the state match to receive federal Medicare funds and constitutionally mandated investments in K-12 education), any budget cuts would be November 10, 2020 Agenda Packet Page 106 of 120 focused on programs and fund accounts in the remaining 40% of the budget (i.e. social service programs, environmental programs, state-shared revenues, and other fund accounts). Budget work is already underway. The Governor’s Office is actively developing its proposal. The Association of Washington Cities submitted this letter to highlight city budget priorities. Additionally, several legislators from the Democrat Party have indicated a strong desire to increase revenue to address any budget shortfall, rather than make budget cuts. They are exploring tax increases that can be implemented quickly. These options are limited to increases in sales, property, B&O, and sin taxes (marijuana, liquor, etc.). To address the revenue shortfall in the 2021-23 operating budget, there are discussions about new revenue sources that have a longer implementation horizon – statewide payroll tax, capital gains tax, carbon tax, etc. At this time, it is unclear which tax proposals will be introduced during the 2021 session. Members of the House Democrat Caucus have formed work groups of legislators to develop revenue and budget cut proposals to begin preparing for the legislative session. Meanwhile, legislators from the Republican Party suggest utilizing the rainy-day fund and making cuts is more fiscally prudent. Capital Budget: Economic Stimulus The Capital Budget funds brick-and-mortar projects, excluding transportation projects (e.g. building K-12 and higher education facilities, community projects, parks, corrections facilities and other state buildings). General obligation bonds fund most of this budget and are authorized every two years. Funds are allocated in the operating budget to pay the debt service on these bonds. While state revenues will be down next session, the Governor and many legislators have indicated a desire to fund a large capital budget to stimulate the economy. Should the Legislature adopt this strategy for 2021 session, local governments will have a significant opportunity to secure capital budget funding, whether to continue projects that were previously awarded startup funding or newly identified projects. The Legislature will be looking to generate new jobs quickly (i.e. shovel-ready projects) and will prioritize projects that serve vulnerable and low-income populations. Transportation Budget: Revenue Package Under Development In 2015, the Legislature adopted a 16-year transportation package referred to as “Connecting Washington.” In recent years, the Legislature has focused on implementing this 16-year plan; however, it is now facing a significant revenue shortfall. The state lost significant revenue when Initiative-976 was approved by voters in 2019 and is losing $100 million a month due as a result of fewer drivers commuting during the COVID-19 pandemic. November 10, 2020 Agenda Packet Page 107 of 120 House and Senate Transportation Committee Chairs have indicated a revenue package must be adopted in order to deliver projects in the Connecting Washington package as scheduled, fund culvert projects in response to the Court order, and fund new transportation projects throughout the state. The Senate proposed a transportation revenue package referred to as “Forward Washington” during the 2019 and 2020 legislative sessions, but the proposal did not advance beyond the Senate. This proposal will be revised and reintroduced in 2021. Click here to view a summary of the most recent version (revenue details, revenue summary, project list). In the House, Transportation Committee Chair, Rep. Jake Fey (D-Tacoma), is developing a revenue package proposal in preparation for the 2021 session. He is holding “listening session” meetings in September and plans to release a draft in October/November. It’s unclear whether these efforts to develop and finalize a revenue package proposal will culminate in the passage of a bill in 2021. However, regardless of whether a package passes in 2021, the work done to prepare a revenue package will shape what inevitably passes in a future year. If a revenue package is not approved, projects scheduled to receive funding in Connecting Washington may be at risk of being delayed. Policy Issues: Lots of legislative proposals under development! Over the legislative interim, there have been dozens of policy discussions that will likely lead to proposed bills that will be introduced in the 2021 session. Below are some of the likely policy bills organized by subject area: General Government • Open Public Meetings Act: Throughout the pandemic, local governments held public meetings remotely via authority granted through proclamation issued by the Governor. It’s likely that the Legislature will consider proposals to permanently revise the Open Public Meetings Act to provide local governments the authority, in times of a pandemic, to hold meetings while providing public access online/telephonically and/or to transition to in-person meetings more easily. The original bill draft was shared with several cities and after feedback, is being redrafted. • Utility Payment Collections: Throughout the COVID-19 pandemic, the Governor has issued a proclamation prohibiting utilities from disconnecting service, refusing to reconnect service, and charging late fees. Most recently, this proclamation was extended until December 31, 2020. However, this does not relieve customers from the obligation to pay for utility services. Each utility has handled payment in a unique manner, consistent with guidance provided by the Governor’s Office. However, there may be some legislative proposals to ensure that utilities are able to recover payments from customers in due time. • Protection of PERS Benefits: The Governor is expected to request legislation similar to that enacted during the economic recession to ensure that public employees participating in the state-operated retirement programs (e.g. PERS, LEOFF) that were/are furloughed through the COVID-19 pandemic do not lose retirement November 10, 2020 Agenda Packet Page 108 of 120 benefits. Retirement benefits in these systems are based on earned salaries; those earned salaries will not be reduced by any reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the measures are an integral part of a state or local government employer’s expenditure reduction efforts due to COVID-19. To view the current bill draft, click here. • COVID-19 a Presumptive Disease for First Responders: There are rumors that a proposal will be brought forward declaring COVID-19 a presumptive disease for the purposes of worker’s compensation (i.e. if a first responder contracts COVID -19, it is presumed that they contracted it on the job and are entitled t o workers compensation). Housing, Homelessness & Human Services • Housing Trust Fund: The Housing Trust Fund provides capital financing in the form of loans or grants to affordable housing projects through annual competitive application cycles. The Legislature makes biennial appropriations in the capital budget and directs the Department of Commerce on how to invest the funds. The Department is putting forward a list of projects for the Legislature to consider funding. Applications are due to the Department of Commerce by September 29, 2020. Commerce anticipates announcing awards in December 2020. • Tenant Protections: The Governor plans to extend the moratorium on evictions through December 31, 2020. It’s unclear what will occur when the final moratorium on evictions expires - many tenants will owe a large amount of rent for months when the moratorium was in effect. This could not only result in thousands of evictions, but eviction proceedings could also overwhelm the court system. There are several efforts underway to address the issue; some of which will likely require legislative action: o Sen. Patty Kuderer and Rep. Nicole Macri have held frequent meetings with stakeholders throughout the interim to develop a legislative proposal to address this issue. No specific proposal has been shared. o The Washington State Supreme Court is convening an Unlawful Detainer Work Group to develop a dispute resolution process for litigants and landlords. Proposed pilot counties include King, Pierce, Snohomish, Clark, Yakima, Spokane and possibly Thurston. o The Governor’s Office is convening a task force to make recommendations on what changes should be made if/when the current moratoria is extended. The task force began meeting in early September. • Rental/Foreclosure Assistance: The Washington Low Income Housing Alliance estimates that nearly $1 billion in rental assistance is needed to prevent homelessness in Washington State. The Washington State Department of Commerce appropriated $100 million in CARES funding to address homelessness. However, the Legislature is likely to consider allocating more funding through its budget process. Similarly, Rep. Tina Orwall has been convening a stakeholder group to provide foreclosure prevention assistance to homeowners struggling to November 10, 2020 Agenda Packet Page 109 of 120 make mortgage payments. The Association of Washington Cities made “Housing Instability Assistance” a top priority issue, and will be working in a coalition to develop additional resources to address housing instability created by the COVID-19 pandemic, including rent assistance and foreclosure-prevention assistance. • Expanding & Extending MFTE: During the 2020 legislative session, there were several proposals introduced that would have extended, expanded, and otherwise made changes to the multi-family property tax exemption (an 8-year property tax exemption for market rate housing; or a 12-year property tax exemption for affordable housing). Rep. Alex Ramel is convening legislators and stakeholders to develop a proposal for the 2021 legislative session that has broad support. • Flexibility with HB 1406 Funds: In 2019, the Legislature approved House Bill 1406 to provide jurisdictions with a credit against the state sales tax to fund affordable housing. A proposal is being discussed for 2021 that would provide jurisdictions with greater flexibility with the funds by 1) allowing 30% of the funds to be spent serving those making less than 80% of the area median income – current law requires 100% of the funds to be spent serving those making less than 60% of the area median income. 2) allowing the funds to be spent on first-time homebuyer assistance. 3) clarifying that the funds can be bonded. Click here to view the bill draft. • Childcare: The COVID-19 pandemic highlighted the shortage of childcare providers throughout the state prompting concerns and demands for action from state and local elected officials. It is anticipated that several proposals will be introduced to enhance childcare options in Washington State, including changes to licensure, increased funding for childcare vouchers for vulnerable families, and innovative partnerships between cities, school districts, and parks and recreations districts. • Emergency Medical Services Personnel in Diversion Centers: The Washington State Department of Health proposes legislation to modify the Emergency Medical and Transportation Services statute (chapter 18.73 RCW), which limits use of emergency medical technicians (EMT) in diversion centers due to requirements that EMTs must work only for licensed ambulance or aid services as well as only certain other organizations that do not require licensure. Diversion centers are emerging as an innovative model to provide temporary shelter and linkage to treatment and social services to adults experiencing substance use or mental health disorders. Budget/Finance • Local/State-Shared Revenues: Local governments receive revenue from the state from several accounts: liquor excise taxes, liquor profit revenues, marijuana excise tax revenues, criminal justice assistance revenue, and other accounts. Historically, during times of recession the state has reduced the amount of revenue distributed to local governments through these accounts. Protecting the current distributions is one of the Association of Washington Cities’ top legislative priorities. November 10, 2020 Agenda Packet Page 110 of 120 • Flexibility in Municipal Criminal Justice Assistance Account: The Association of Washington Cities is requesting flexibility in how Municipal Criminal Justice Assistance funds can be spent, to include programs that use alternatives to traditional policing. • Match Requirements for FEMA: Across all emergencies in which FEMA Public Assistance is available, FEMA assumes 75% of the cost and the local government assumes 25% of the cost. Historically, the state has been able to cover half of the local share, for a split of 12.5% each. The Emergency Management D epartment intends to submit a recommendation to the Legislature consistent with this historic approach. The Legislature has always enacted recommendation for every emergency in recent memory; however, given the revenue shortfall this will be an item to closely monitor. • Flexibility with Existing Revenues: The Association of Washington Cities has worked with local government champions, Rep. Gerry Pollet (D-Seattle) and Rep. Keith Goehner (R-Dryden), to develop a proposal that would provide cities with flexibility on how existing revenues can be used to help address local revenue shortfalls resulting from the COVID-19 pandemic. This flexibility would be temporary. Click here to view the current draft of revenue streams being impacted. • Replace the 1% Property Tax Cap: For the past several legislative sessions, local governments have requested legislation that would replace the 1% cap on property tax with inflation. The state removed the 1% cap on the state property tax cap as part of its efforts to fully fund K-12 education. That policy decision is scheduled to sunset at the end of 2021. Local governments will ask that if the cap continues to not be on the state property tax, that it also be removed for locals. Economic Stimulus/Infrastructure • Tax Increment Financing – For several legislative sessions, cities, ports, and other stakeholders have requested legislation authorizing tax increment financing as an economic development tool in Washington State. While these proposals have not advanced in previous years, these same stakeholders plan to advance a proposal this session as part of the state’s economic recovery efforts. • Transit-Oriented Development on WSDOT-owned Park and Rides: The 2020 Legislature directed WSDOT to complete a report on any legislative actions needed to facilitate transit-oriented development projects on WSDOT-owned park and ride lots. WSDOT developed the report. The City of Kirkland intends to request legislation to advance the highlighted elements of the report. Additional legislation to advance the other recommendations could also be introduced by other stakeholders. • Expanding Broadband: The COVID-19 pandemic highlighted the inadequacies and inequities of broadband throughout Washington State. There are several proposals under development to address the issue: (1) Rep. Drew Hansen is developing a proposal that would expand broadband authority to second class cities and towns November 10, 2020 Agenda Packet Page 111 of 120 (currently only first class and code cities have the authority). (2) The Public Works Board is tentatively requesting $80 million in the 21-23 biennium to fund broadband projects. (3) Sen. Reuven Carlyle is developing a proposal to fund and expand broadband services with an “equity tax” on telecommunication companies in order to finance the expansion of broadband. (4) Rep. Mia Gregerson is developing a Digital Equity proposal. Details around these proposals are under development. • Public Works Assistance Account: The Public Works Assistance Account provides infrastructure grants and loans to cities, counties and special purpose districts. The Account historically was funded through state utility tax revenues, state real estate excise tax revenues, and loan repayments. The Legislature swept the tax revenue streams from the account, leaving only loan repayments to replenish the loan account. The Legislature allocates funding to the account each biennium. • Local Transportation Options: The Joint Transportation Committee completed a study that was released in mid-2019 that estimated the statewide city transportation funding need is $900 million per year. As a result, cities have requested additional local option tools to fund local street maintenance and operation. During the 2020 legislative session, House Bill 2362, and Senate Bill 6652 would have authorized cities to councilmanically: o Increase the sales tax by up to .04 percent of 1% o Impose an additional 2% utility tax (above the current 6% cap) o Impose a local 2-cent fuel tax, with an additional 2 cents that can be voter- approved. These proposals will be reworked and reintroduced for the 2021 legislative session. • Local Culvert Funding: The state is under a Court order to replace all state-owned culverts to improve fish passage. While local governments are not under a similar Court order, the improvements to state culverts will not be effective if downstream local culverts are not also improved. Local agencies have and will continue to advocate for a strategic investment in state and local culverts that improve fish passage for an entire watershed. Land Use/Planning • Reforming the Growth Management Act: In 2019, the Ruckelshaus Center completed a report on potential changes to the Growth Management Act (click here for a summary). Building on this report, the UW Center for Livable Communities, Sen. Dean Takko, and Rep. Joe Fitzgibbon have begun to engage stakeholders in discussions around Growth Management Act (GMA) improvements including (1) adaptive and inclusive planning at a regional scale, (2) climate change, (3) housing elements, (4) permit processes, (5) annexation, (6) update cycle and dedicated funding for plans and development codes. It’s likely that legislation will be proposed as a result of these efforts. • Protecting Local Control Over Zoning: During the past two legislative sessions, several bills have been introduced that would preempt local control over zoning. In November 10, 2020 Agenda Packet Page 112 of 120 recent months, these efforts have been revived and bolstered through a series of articles highlighting how single-family zoning has historic roots in discriminatory redlining, and several other west coast cities and states have taken steps to remove local control. In response, the Association of Washington Cities is developing a proposal that would require jurisdictions to complete a review of the impact of historic segregation on current land use codes as part of its comprehensive plan. This proposal is under development. • Occupancy Limits: Legislation that nearly passed during the 2020 legislation session will likely be reintroduced in 2021. Generally, the goal of bill proponents is to prohibit cities from adopting regulations limiting the number of unrelated people living in a home. Proponents argue that such regulations are discriminatory and harmful to low- income populations that choose to rent rooms in homes. Last session, a compromise was developed – review the compromise to ensure there are no unintended consequences. Criminal Justice/Public Safety • Police Reform: In response to recent nationwide protests, police and criminal justice reform will be a significant topic of discussing in the 2021 session. There are rumored to be well over 50 different proposals under discussion. Below are some of the stakeholder discussions/policy proposals: o Chair of the House Public Safety Committee, Rep. Roger Goodman, has convened a workgroup of legislators on police accountability to discuss potential legislative proposals. o The Attorney General’s Office has advanced a reform to improve data collection on police use of deadly force. For a summary, click here. o The Governor’s Office has created a task force on independent investigations on police uses of force. o The Washington State Association of Sheriffs and Police Chiefs has developed a series of legislative requests. o The Criminal Justice Training Commission is developing legislation to amend the state’s decertification process. o The Association of Washington Cities’ legislative priorities committee has developed a police reform agenda. • Sentencing/Prison Reform: The Department of Corrections was tasked with making recommendations on how best to reduce the Department’s budget by 15%. As part of the Department’s recommendation, they are suggesting reforming sentencing. Details are forthcoming; however, click here to view an article on what is forthcoming. Climate Issues • Low Carbon Fuel Standard (LCFS): During the 2020 legislative session, dozens of legislators signed a letter indicating that the Legislature would need to adopt a low carbon fuel standard before they would be willing to vote on any transportation revenue package. A low carbon fuel standard would limit the amount of carbon November 10, 2020 Agenda Packet Page 113 of 120 allowed in fuel sources (i.e. limit the greenhouse gas emissions that result if that fuel is burned). The Legislature considered a low carbon fuel standard through House Bill 1110, sponsored by Rep. Joe Fitzgibbon, and the House has approved the bill twice. One of the primary concerns with the policy is the expectation that it will increase gas prices and not result in additional tax revenue for the state to make investments in the transportation system; however, if combined with a cap and trade proposal (see below) that concern may be addressed. • Cap & Trade: The Legislature has also been discussing a cap and trade carbon proposal. Generally, this proposal would limit or cap carbon emissions and create tradable allowances for carbon emissions that can be traded. The Department of Ecology previously attempted to cap carbon emissions through rulemaking; however, the Department’s efforts were suspended when Thurston County Superior Court ruled that parts of the rule are invalid. That ruling was appealed to the Washington State Supreme Court. On Jan. 16, 2020, the Washington State Supreme Court ruled that the portions of the rule that applied to stationary sources, such as a factory, were upheld, but that the portions that applied to indirect sources, such as natural gas distributors and fuel suppliers, were invalid. The Supreme Court remanded the case to Thurston County Superior Court to determine how to separate the rule. The Governor may try to utilize the authority granted in House Bill 2311 (legislation increasing the state greenhouse gas emission limits) to revise the Clean Air Authority to expand the current entities (direct emitters only) required to comply with that rule. Regardless of what the Governor proposes, legislators are working on a proposal that would combine a cap & trade system with a low carbon fuel standard. The first draft of the bill is complete and has been released to stakeholders to hear feedback. • Carbon Tax: Voters considered and rejected a carbon tax in 2016 and again in 2018. Since then, the Legislature has considered carbon tax proposals, but none have passed into law, or even passed a single chamber. The discussion for the 2021 legislative session is focused on a carbon tax or a cap and trade system to generate revenue for the state general fund, environmental projects, and/or transportation. A carbon fee or cap and trade system could generate up to $10 billion in revenue. November 10, 2020 Agenda Packet Page 114 of 120 City Council Agenda Bill AB # 20-145 TO: Mayor Olsen and Members of the Bothell City Council FROM: Chris Bothwell, Finance Director DATE: November 10, 2020 SUBJECT: Budget Forecast Update POLICY CONSIDERATION: Consider whether to make changes to the final budget in response to the updated revenue forecast for the 2021-2022 budget. HISTORY: DATE ACTION JUNE 23-25, 2020 Budget Workshops JUNE-SEPTEMBER, 2020 City Council Discussed Budget Priorities and Goals OCTOBER 6, 2020 City Manager Presented the Preliminary Budget OCTOBER 20, 2020 Public Hearing Held on Preliminary Budget DISCUSSION: The biennial budget is a spending plan that funds essential City services and advances the City Council’s priorities and goals for the biennium. The Preliminary Budget balances the cost of providing services with forecasted resources. The revenue forecast represents estimated revenues for the biennium. The forecast is continuously reviewed and updated as data becomes available during budget development. A final revenue forecast review and update has been performed. The results of the review do not vary significantly from the forecast included in the Preliminary Budget and no adjustment to revenues in the Preliminary Budget is recommended. Details can be found in the attached report. The Preliminary Budget is available on the City’s website at www.bothellwa.gov. FISCAL IMPACTS: None November 10, 2020 Agenda Packet Page 115 of 120 City Council Agenda Bill AB # 20-145 ATTACHMENTS: Att-1. Budget Development Update Report RECOMMENDED ACTION: Receive the report and consider whether to incorporate into the final 2021-2022 budget the updated revenue forecast. November 10, 2020 Agenda Packet Page 116 of 120 Att-1 Page 1 Budget Development Update November 10, 2020 REVENUE FORECAST UPDATE Budget development requires staff to make predictions about the future. Most notably, the revenue forecast relies heavily on predictions about the overall health of the economy and the timing of economic cycles. The revenue forecast developed for the 2021-2022 biennium (the Forecast) was developed in early 2020, during a time of significant uncertainty and economic turbulence. The Forecast has been continuously refined since its development in response to changing conditions and more recently published data. The following is an accounting of the final updates to the Forecast; only those revenues that are both major and those with updated values are presented. Sales and Use Tax. Sales and use tax collections during the pandemic continue to trend slightly above the earlier forecasted values. The primary driver of the better than expected results is a year-over-year increase in the retail trade reporting category. The Preliminary Budget forecasted an approximately six and one-half percent reduction in sales tax for 2021 compared to 2019; the final forecast revises the forecast upward by two percent.1 The result is a positive adjustment to revenue of $300,000 for the biennium. Property Tax-New Construction Value. The Preliminary Budget forecast assumed a new construction value for property tax of $400,000, which is flat compared to the prior year. The Preliminary Budget forecast was based on the assumption that new construction values would remain strong in 2021, irrespective of the pandemic, due to project timelines and the timing of new construction reporting. While the final property tax data has not been released by the counties, preliminary values suggest that the City will not realize the forecasted value.2 The new construction value for 2021 property tax is therefore revised downward by $200,000. This adjustment will compound in the second year of the biennium, causing the biennial adjustment to double to $400,000. Utility Tax.3 Based on analysis of City owned utilities, it appears that the net effect of reduced consumption from commercial utility customers will be largely offset by rate increases. The Preliminary Budget forecast, however, assumed stable consumption in 2021, plus an inflationary increase. The forecast is revised downward to reduce the inflationary increase by fifty percent to account for expected reduced consumption by commercial customers. The biennial impact is a utility tax revenue reduction of $100,000. 1 The 2021 forecast relies on data from 2019 because 2020 data is incomplete as of the date of this report. Further, 2020 is likely an anomaly due to the unusual events associated with the pandemic. 2 The final new construction data will not be published by the counties until after the budget is scheduled for adoption. 3 Utility taxes, for this purpose, include all amounts received from utility providers operating in the city that are calculated on the basis of charges to customers. November 10, 2020 Agenda Packet Page 117 of 120 The net value of the above adjustments is approximately $200,000 revenue negative for the biennium. The following table displays the operating deficit by year for the General Fund, before and after this update. Based on: the size of the adjustment relative to the total biennial budget; the recognition that these are predictions and estimates; and, the detailed review that is scheduled to occur before the mid-point of the budget period, no adjustment to the Preliminary Budget revenue forecast is recommended as a result of this update. REVENUE CAPACITY UPDATE Transportation Benefit District Car Tab Fee. During the pre-budget workshops staff presented options to increase government revenues; a written reporting of the opportunities was included in the meeting materials. At the time, Initiative 976 to eliminate many of the locally imposed taxes associated with vehicle registration had been approved by voters. A challenge to the validity of the Initiative came almost immediately and the Washington Court system was deciding the fate of the Initiative concurrently with the pre-budget workshops. The Washington Courts since invalidated the Initiative, reaffirming a transportation benefit districts (TBD) ability to impose a per vehicle registration fee. Bothell has an established TBD and could councilmanically impose a per vehicle registration fee of up to $40 annually. During the pre-budget workshops this revenue opportunity was not presented based on the preceding, so the purpose of mentioning it in this report is to formally present the opportunity for consideration. Staff is on standby to present the opportunity in detail and to draft a revenue estimate for the City Council, if directed by the City Council. Property Tax-Ordinance of Significant Need. The statutory limit on annual increases for property tax by local jurisdictions is limited to the lower of one percent or the published rate of inflation.4 A city can increase its property tax levy by the full one percent, irrespective of a published rate of inflation below one percent, if it passes legislation documenting significant budgetary need. The published rate of inflation for the relevant period for the 2021 annual property tax limit was 0.6%. The Preliminary Budget assumes a one percent increase in property tax and despite the one percent increase has a current year deficit, which demonstrates significant need. The 2021 property tax levy ordinance will include an ordinance of significant need, which is required to be passed by the City Council in order for the city to avail itself of the one percent increase in property tax for 2021. 4 For the purposes of this limitation the published rate of inflation is the Implicit Price Deflator (IPD) for the prior year. Before After Before After Before After Operating Deficit 957,200 957,200 1,146,557 1,346,557 2,103,757 2,303,757 2021 2022 Biennial Total November 10, 2020 Agenda Packet Page 118 of 120 UPCOMING BUDGET TASKS AND SCHEDULE Budget Adoption Schedule and Budget Package. The biennial budget is not a standalone document, rather it is the result of interrelated planning efforts which are represented by the following documents:  2021 User Fee Schedule  2021 Utility Rates  2021-2027 Capital Facilities Plan  2021 Property Tax Levy and Ordinance of Significant Need The above documents, plus the budget ordinance are the Budget Package.5 Consideration of adoption of the Budget Package is scheduled for November 17th, following two public hearings that satisfy the final regulatory requirements of the budget process. The 2021-2022 budget must be adopted on or before December 31, 2020. Mid-Biennial Budget Review and Consideration of Adjustment Reminder. As has been noted on prior occasions, the mid-biennial budget review and consideration of a mid-biennial budget adjustment will be scheduled for the third quarter of 2021. Due to the historic economic uncertainty that currently exists, it is expected that the aforementioned review will be more robust than normal. While fund balance will be used to fund the actual 2021 operating deficit should it materialize, the use of fund balance is forecasted to be less than one million dollars before the City Council has an opportunity to adjust the budget in response to actual economic data published between budget adoption and the mid-biennial budget review. Staff will also continue to work to identify savings to reduce the operating deficit between now and the mid-biennial budget review. 5 The 2021 Utility Rates were adopted at the October 20th City Council meeting and are not scheduled for adoption with the Budget Package. November 10, 2020 Agenda Packet Page 119 of 120 (This page intentionally left blank) November 10, 2020 Agenda Packet Page 120 of 120 Page 1 of 1 Comments received for the November 10, 2020 Virtual Council Meeting: Visitor Comment – Written, submitted to Council: 1. Rachel Krinsky (Eastide LifeWire), Jack Edgerton (Eastside Baby Corner) & the King County Alliance for Human Services – Human Services funding and the 2020-2021 Budget 2. Kim Gerdes (Kindering) – Human Services funding and the 2020-2021 Budget 3. Kevin Kiernan (Planning Commission) DEI position 4. Hannah Mendro – Budget & DEI position 5. Lauren Thomas (Hopelink) – Human Services funding 6. Jessica Campbell – 2020-2021 Budget 7. Carmin Dalziel (Northshore School Foundation) – Human Services funding 8. Sarah Gustafson – Public Engagement & Inclusive Council Meetings 9. Visitor Comment – LIVE: 10. Kevin Kiernan (Planning Commission) 206-450-0027 - DEI position 11. Kristin Joyner 206-898-7227 – Human Services funding 12. Brooke Knight (Northshore Senior Center) 425-286-1023 - Human Services funding 13. Ed Sterner (NUHSA) 206-362-0957 - Human Services funding 14. Beratta Gomillion (Center for Human Services) 206-631-8802 - Human Services funding 15. Andrew Nelson 425-286-5351 - DEI position 16. Tamara Wood 206-218-9143 – 2021-2022 Budget & DEI position 17. Rami Al-Kabra 206-701-9272 - 2021-2022 Budget & DEI position Public Hearing AB – 20-142 Written Comment, submitted to Council 1. Bart Flora 2. Tyler Churchill November 10, 2020 Mayor Liam Olsen and Bothell City Council 18415 101st Avenue NE Bothell, WA 98011 Dear Mayor Olsen and Bothell City Council Members, I am writing to you today to advocate that Bothell restore its Human Services grants to at least the levels of the 2019-2020 budget. While we fully support the creation of a Community Court and are active participants to support community members in Shoreline and Redmond, Bothell’s funding is critical to Hopelink being able to provide a significant level of service to Bothell community members. In our most recent fiscal year Hopelink served 649 Bothell households (1,715 individuals) with services including Housing, Food, Case Management, Financial Assistance, Adult Education and Employment Services. Hopelink is a critical component of the community infrastructure that people living in poverty in Bothell rely on to meet their basic needs and to make progress on their journey toward economic self-sufficiency. This has never been more true than during the current pandemic where eight million people in our country have been thrust into poverty with millions of sudden job losses. The growing Bothell community relies on Hopelink and it is critical to our mission that we be there to support them. Hopelink is celebrating our 50th anniversary in 2021, created our first administrative office in Bothell, and we consider Bothell a critical partner in that 50-year tenure. We urge you to consider the needs of the people struggling to meet their basic needs in Bothell and vote to fund your human services awards to at least the 2019-2020 levels. Thank you for your consideration. Sincerely, Lauren Thomas Hopelink CEO lthomas@hopelink.org November 2, 2020 Bothell City Council 18415 101st Ave NE Bothell, WA 98011 Mayor Olsen and Members of the City Council, Over the past eighteen months, the Planning Commission has solicited public comment on code amendments and city-shaping policies which will impact the Canyon Park subarea and the greater city for generations. As we learn about and evaluate the proposed plan, we recognize Bothell continues to grow more diverse demographically, and that the Canyon Park subarea is home to many cultural anchors which reflect this diversity. In our discussions of code amendments and plans affecting these cultural anchors, discourse has naturally revolved around topics of diversity and equity. The subarea plan, along with other planning documents and policies, needs to take into account these issues. We also recognize our responsibility to reflect the Council’s recent resolution on diversity, equity, and inclusion in our considerations: “Whereas, Institutional and systemic racism results in inequitable outcomes for Black, Indigenous, and people of color, and other marginalized communities including LGBTQ+ individuals, immigrants, and those with disabilities. Such unjust treatments and biases occur in many areas of society, a few being: the criminal justice system, health care, education, government services, housing, and other economic opportunities...” Like all of our work on the Planning Commission, the Canyon Park subarea plan directly impacts housing and economic opportunities for Bothell residents. We appreciate the efforts of the City’s Community Development department, especially staff taking initiative to form a partnership with UW students to provide a preliminary equity analysis of the subarea changes. The council has heard recommendations from the DIVE-In committee and from the public about Bothell’s need for a staff position specializing in diversity, equity, and inclusion (DEI). We find through our deliberations that such a position would benefit our decision-making process, given that we are naturally limited by our own biases and perspectives when developing recommendations for council. Input from a dedicated DEI staff member would address gaps between our personal, lived experiences and those disenfranchised or otherwise unable to engage in our public process. For these reasons, the Planning Commission recommends the hire of a dedicated DEI staff member to city staff and to include funding for such a position in the 2021-2022 budget. Respectfully, Kevin Kiernan, Chair On behalf of The City of Bothell Planning Commission 18305 101st Ave. NE Bothell, WA 98011 425.486.3256 www.ci.bothell.wa.us I am writing in again to reiterate how utterly imperative it is that the Council include a DEI position in the 2021-22 budget, rather than waiting until future years. I appreciate Council’s discussion at the meeting of October 20th about seeking further education, but the purpose of a DEI expert in a city position is that this person will already be an expert in these topics, and will be able to provide oversight on policy from a place of expertise and understanding. Adding this position will be more effective for implementing DEI in the city’s policies and procedures than self-education (though of course I support all Councilmembers in their self-education efforts!). In this time of social unrest, when our country as a whole faces a reckoning with the racism on which our country was built – and in which COVID-19 reveals systemic inequalities based on race, economic status, ability, and more – I cannot overstate how urgent it is that the City build in space for diversity, equity, and inclusion in its internal processes, as a way of better facilitating more equitable policy and practice. We need this position now, not a year from now. Our country is already hundreds of years late in waking up to the inequities our systems are built on, and we have no time to waste in working towards solutions. On the meeting of October 20th, the Council spoke a good deal about wanting to make sure this is done right. While I appreciate that desire, acting soon is more important than acting perfectly. This work can never be done perfectly; the most important thing is to start, and to commit to learning as we go. At the previous meeting, Councilmember McAuliffe spoke in favor of adding language to the budget to at least provide space for such a position, and I would like to add my support for that suggestion. The position does not need to be set in stone right now; the process can adapt as city staff determines exactly how best a DEI staff member would fit into internal operations. But as Councilmember McAuliffe said, if there is not space in the budget, it will be difficult if not impossible to make space for it later in the year. It needs to be added to the budget now, even if the exact details of the process have yet to be determined. This year’s budget also lacks space for Human Services grants. In the midst of a pandemic, funding programs that help and support Bothell residents should be a priority. This is also an issue of diversity, equity, and inclusion – and something that a DEI staff position could advise on, to prevent such things from happening in future years. I ask that Human Services funding be added to the budget in addition to this staff position. The budget is a statement of a city’s priorities and commitments – the actions it will take, rather than merely the promises it will make. Now is the time to prioritize diversity, equity, and inclusion. Now is the time to listen to your marginalized community members and to step up for them. Now is the time to live up to Bothell’s promise to be a welcoming city for all. -Hannah Mendro Statement to Bothell City Council November 8, 2020 It has come to our attention that the City Manager’s Proposed 2021-2022 Budget removes human service grants entirely. Instead, the City intends to “explore creation” of a community court resource center. While NUHSA is very supportive of the community court model, and in fact has helped promote and participate in the development and operation of the Shoreline Community Court over the past year, eliminating essential funding while “exploring” a new use for these funds is short sighted. This is particularly true as our communities are at the height of responding to COVID-19. We write to request that this funding be restored. Over the last several years, local human service organizations have submitted grant applications to the City of Bothell to help support residents and families stay safe and healthy. Hopelink, Kindering, Center for Human Services and the Northshore Senior Center, among others, have all served the Bothell community with funding support of approx. $750,000 allocated in the bi-annual budget. Quarterly reports submitted by those organizations have detailed the demographic data of services rendered and individuals served. As the Northshore/Kirkland Hopelink Center Manager noted at a public hearing in October, “This funding has been critical in helping to provide a package of services to help people stabilize when in crisis and acquire skills and tools that equip them to exit poverty.” The success of a community court and resource center relies on a well-supported human services system within a community. It rings hollow to propose a new program that relies on a set of services while at the same time canceling any commitment to support that very set of services. Without direct funding and engagement from the City of Bothell, there will be less capacity to provide these essential services to your residents. Bothell will then be relying on neighboring cities to meet the needs of Bothell residents. We also find that the City has not engaged its partners to understand this change. Eliminating human services grant funding is a major departure from current practice and represents a significant shift in policy. As recently as this February, the City was speaking with justifiable pride to the Chamber of Commerce about its Human Services Grant Program. Neither NUHSA nor our members have been engaged by the City to understand the intent and impact of this change. Surprisingly, there seems to be an assumption that agencies, though not consulted, will participate in this new plan. As such, we are just now getting up to speed on the discussions and origins of this shift. Indeed, listening to the Council’s October 6th discussion, the statement was made that, “No one knows about this yet.” It is premature to make such a dramatic change in course. Our communities rely on human service organizations to provide the essential building blocks for social, emotional, physical and financial well-being – and that support is more critical now than ever. Eliminating human services during a pandemic while need is only increasing is unfathomable. Investing in the health and well-being of your community, particularly now, should be the highest priority and value as reflected in your city budget. While we commend the City of Bothell’s efforts to think creatively to impact systemic change with the exploration of a community court and resource center, we caution a hasty transition of eliminating human services support that will unintentionally increase barriers and limit access to critical services for those in crisis. We ask that the Council reconsider this abrupt change of course and reinstate Human Services Grant Program funding in the 2021-22 budget. Additionally, we hope that the City will undertake the community engagement and consultations necessary to ensure that implementation of a community court and resource center model will result in an overall expansion and stabilization of support to Bothell residents and to the Bothell community. Through increased communication and collaboration with your local human service providers, a partnership can evolve to ensure that every Bothell resident receives the support and resources needed to reach their full potential. Thank you for your dedicated service to your community!