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Agenda Pkt 09012020 VirtualBOTHELL CITY COUNCIL ***VIRTUAL MEETING*** AGENDA September 1, 2020 6:00 PM BOTHELL CITY HALL 18415 101st AVE NE BOTHELL, WA 98011 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 to 11:59 PM on September 1, 2020, and in an effort to curtail the spread of the COVID-19 virus, this City Council meeting will be conducted remotely. We encourage members of the public to attend and participate in the meeting remotely, as described in more detail below. To attend the meeting: •Watch the meeting LIVE online on the City of Bothell YouTube Channel. •Watch the meeting live on BCTV Cable Access Channels 21/26 (must have Frontier/Comcast Cable) •Listen to the meeting live by phone: +1-510-338-9438 USA Toll / Access code: 126-291-0576 •Council meetings are also recorded and available the next day on the City of Bothell YouTube Channel. To provide written or verbal comments: •Sign-up HERE to give your comment (submissions must be received by 3:00 PM, day of meeting). 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& Roll Call 1.Meeting Agenda Approval During this item, the City Council may identify agenda items to be continued, withdrawn, or added. 2.Presentations, Reports, & Briefings A.Public Engagement Opportunities B.Proclamations -Puget Sound Starts Here C.Special Presentations -Snohomish County Health District Update - Ragina Gray, Environmental Health Director D.Staff Briefings -None at this time. E.City Manager Reports -None at this time. F.Council Committee Reports 3.Visitor Comment If you wish to comment (either in writing or verbally) please submit a form HERE prior to 3PM (day of meeting). Verbal comments will be allowed 3 minutes to speak via phone. All comments will be made part of the record. 4.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 Prior to approval, City Council may request items be withdrawn from the consent agenda for separate discussion.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 June 2020 Meeting Minutes Recommended Action: Approve the Meeting Minutes of June 2, 9, 16, 23, 24, and 25, 2020 as presented. B.AB # 20-101 - Approval of June 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for June 1-30, 2020 C.AB # 20-102 – Approval of July 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for July 1-31, 2020 D.AB # 20-103- Approval of an Ordinance Extending Ziply Fiber’s Cable Television Franchise Agreement until September 2022. Recommended Action: No action is requested at this time. Instead, this item is currently scheduled for Council action on the September 8, 2020 consent agenda. E.AB # 20-104 – Approve and Authorize the City Manager to Execute an Interlocal Agreement with the City of Lynnwood to Allow Cooperative Purchasing Recommended Action: Authorize the City Manager to execute an Interlocal Agreement between the City of Lynnwood and the City of Bothell for cooperative purchasing. F.AB # 20-105 – Approval of an Interlocal Cooperative Purchasing Agreement with the Marysville Fire District for the Aid Car Purchase funded by the Safe and Secure Levy Recommended Action: Authorize the City Manager to enter into an Interlocal Purchasing Agreement with Marysville Fire District for the purchase of one levy funded aid car. Pgs. 5-6 Pgs. 7-28 Pgs. 29-30 Pgs. 31-32 Pgs. 33-40 Pgs. 41-44 Pgs. 45-48 September 1, 2020 Agenda Packet, Page 2 of 160 5-minute break 5.Public Hearings -None at this time. 6.Ordinances & Resolutions -None at this time. 7.Contracts and Agreements A.AB # 20-106 – Consideration of Lot D Disposition Recommended Action: Authorize the City Manager to execute the Purchase & Sale Agreement with Maple Multi-family Land TX, LP, for the purchase of property known as Lot D in the amount of $12,750,000. B.AB# 20-107 – Consider Approving a Subordination Agreement related to Refinance of Riverside Landing Apartments (affordable housing) Recommended Action: Authorize City Manager to execute attached subordination agreement. 5-minute break 8.Other Items A.AB # 20-108 – Direction regarding Use of Public Streets and Rights of Way in Downtown Bothell Recommended Action: Provide direction to the City Manager regarding whether to continue use or discontinue use of public streets and rights of way in the downtown at now cost to businesses until October 26, 2020. B.AB # 20-109 – Consideration of Allocating the Remaining $402,500 of State-Shared CARES Act Funding for COVID-19 Related Expenses and Community Assistance Recommended Action: Direct staff to proportion the remaining $402,500 of state-shared CARES Act funds allocating an additional $90,000 for Business Assistance, an additional $200,500 for Resident Assistance, and the remaining $112,000 to City cost recovery or Community Response. 9.Study Session/Update/Discussion Items -None at this time. 10.Council Conversations During this item, Council members have the opportunity to informally discuss topics of city interest. 11.Executive Session/Closed Session -None at this time. 12.Adjourn CERTIFICATE I hereby certify that the above agenda was posted on August 27, 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 Pgs. 49-120 Pgs. 121-132 Pgs. 133-134 Pgs. 135-160 September 1, 2020 Agenda Packet, Page 3 of 160 RCW 42.30.077, at least 24 hours in advance of the published start time of the meeting. 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 agenda bills and attachments listed in this agenda may be obtained from the City Clerk's Office the Friday before the meeting. 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 p.m. City Council and Planning Commission meetings and the BCTV schedule are viewable online at www.bothellwa.gov September 1, 2020 Agenda Packet, Page 4 of 160 Puget Sound Starts Here Month WHEREAS, Puget Sound and the waterways that connect our mountains to the shore contribute in numerous ways to Bothell’s economic infrastructure, quality of life, and our natural resources; and WHEREAS, the City Council’s Environment Goal is to protect the natural environment through integrated natural resource management; and WHEREAS, water quality is a priority for the health and welfare of Bothell citizens; and WHEREAS, millions of pounds of toxic pollutants enter Puget Sound every year, most of which result from rain washing over hard surfaces contaminated with yard chemicals, pet waste, oil, soaps, and other toxins that then enter storm drains, streams, and ultimately Puget Sound; and WHEREAS, state agencies and more than 750 local organizations, governments, and tribes, including Bothell, have joined together to engage residents in protecting and improving local and regional water quality; and WHEREAS, “Puget Sound Starts Here Month” is an opportunity to provide educational opportunities for the public to learn how they can help clean up Puget Sound and our local waterways. NOW, THEREFORE, I, Liam Olsen, Mayor of Bothell, do hereby proclaim the month September 2020 as “Puget Sound Starts Here” month in the City of Bothell, Washington, and call upon all citizens to protect natural resources by reducing and eliminating sources of pollution. Signed this 1st Day of September, 2020 ________________________________ Liam Olsen, Mayor September 1, 2020 Agenda Packet, Page 5 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 6 of 160 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes June 2, 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 and Pledge of Allegiance Mayor Olsen called the meeting to order at 6:00 PM and read the meeting guidelines into the record. City Clerk Laura Hathaway called roll – All Councilmembers present. Mayor Olsen asked for a Point of Personal Privilege; He called for a moment of silence in honor of George Floyd. Chief Seuberlich addressed this event that has created a national outcry including here in Bothell, and entertained Council questions. 1. Meeting Agenda Approval There were no changes to the agenda. 2. Presentations, Reports, & Briefings A. Public Engagement Opportunities - None at this time. B. Proclamations - None at this time. - C. Special Presentations - None at this time. D. Staff Briefings - None at this time. September 1, 2020 Agenda Packet, Page 7 of 160 E. City Manager Reports - Update of City’s COVID-19 Response City Manager Jennifer Phillips updated the Council on the City’s Covid-19 response to date. F. Council Committee Reports None. 3. Visitor Comment 1. Sarah Armitage – wrote regarding the lack of service and support from the unemployment office 2. Cherelle Ashby of Bothell Chiropractic– wrote regarding getting critical information to local businesses 3. Kyle Emerson – wrote regarding AB 20-070 – in favor of open streets 4. Leigh Henderson – wrote regarding AB 20-070 – allowing all businesses to benefit from open streets 5. Bonnie Plottner - wrote regarding AB 20-070 – in favor of open streets 6. Sarah Gustafson - wrote regarding AB 20-070 – pilot program for open streets 7. Tyson Kemper - wrote regarding AB 20-070 – in favor of open streets 8. Julie Westerbeck - wrote regarding AB 20-070 in favor of open streets 9. Donna Bardsley - wrote regarding AB 20-070 – in favor of open streets 10. Kevin Kiernan - wrote regarding AB 20-070 – in favor of open streets 11. Ayumi Shinjo - wrote regarding AB 20-070 – in favor of open streets 12. Coby Zeifman - wrote regarding AB 20-070 – in favor of open streets 13. Logan Hamel - wrote regarding AB 20-070 – in favor of open streets 14. Krissy Cates - wrote regarding AB 20-070 – in favor of open streets 15. Kat Franks - wrote regarding AB 20-070 – in favor of open streets 16. Carol LeBeck - wrote regarding AB 20-070 – in favor of open streets 17. Jen & Nick Barber - wrote regarding AB 20-070 – in favor of open streets 18. Lisa Rathbun – wrote regarding AB 20-070 – NOT in favor of open streets 19. Troy Kasper - wrote regarding AB 20-070 – in favor of open streets 20. Rosa Wampler – wrote regarding AB 20-070 – NOT in favor of open streets 21. SaraJane Hamel - wrote regarding AB 20-070 – in favor of open streets 22. Nerelys Ortiz - wrote regarding AB 20-070 – in favor of open streets 23. Laura Borner – - wrote regarding AB 20-070 – in favor of open streets and thank you to police for attending the local protests 24. Joe Schindler - wrote regarding AB 20-070 – in favor of open streets 25. Kelly Forbes Marshall - wrote regarding AB 20-070 – in favor of open streets 26. Guada Protacio-Karaszi - wrote regarding AB 20-070 – in favor of open streets 27. Jessica Campbell - wrote regarding AB 20-070 – in favor of open streets 28. Stephanie Adam - wrote regarding AB 20-070 – in favor of open streets September 1, 2020 Agenda Packet, Page 8 of 160 3, Consent Agenda A. AB # 20-058 – Approve April 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for April 1 – 30, 2020. B. AB # 20-059 – Approval of Adopting the King County Regional Hazard Mitigation Plan Update and the City of Bothell Hazard Mitigation Plan Annex Recommended Action: Adopt the King County Regional Hazard Mitigation Plan Update and the City of Bothell Hazard Mitigation Plan Annex. C. AB # 20-060 – Approval of Supplemental Agreement No. 6 with Jacob Engineering for the Non- Motorized Bridge at the Park at Bothell Landing Recommended Action: Approve Contract Supplement No. 6, in substantially the same form as presented, with Jacobs Engineering, Inc. in the amount of $24,268 for construction engineering services for the Non-Motorized Bridge at the Park at Bothell Landing project. D. AB # 20-061 – Approve an Ordinance Regarding a Wireline and Small Wireless Facility Franchise Agreement with Crown Castle Fiber LLC, c/o Crown Castle Recommended Action: Adopt the proposed Ordinance granting a Small Wireless Facility Franchise to Crown Castle Fiber, LLC. E. AB # 20-062 – Approve an Ordinance Extending Comcast’s Cable Television Franchise Agreement until May 2025 Recommended Action: No action is requested at this time; however, this item is currently scheduled for Council action on the June 16, 2020 consent agenda. MOTION: Councilmember moved approval of the Consent Agenda as presented. Councilmember Agnew second. The motion carried 6-0-1 (Deputy Mayor Zornes had technical difficulties and did not vote.) 4. Public Hearings A. AB # 20-063 – Public Hearing and Consideration of an Ordinance Amending the Bothell Municipal Code to Comply with Federal Emergency Management Administration Requirements for Special Flood Hazard Areas Recommended Action: Approve the proposed Ordinance (Attachment 1), Amending Sections of Bothell Municipal Code Chapter 14.04, Critical Areas Regulations, pertaining to flood management. Mayor Olsen opened the Public Hearing at 6:30 PM. Senior Planner David Boyd presented and entertained Council questions. One written comment was received from Ann Aagaard regarding the courtesy notice received on the item. This comment will be made part of the record. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion passed 6-0-1 (Councilmember Thompson was not on the meeting the time of the vote.) B. AB # 20-064 – Public Hearing and Consideration of an Ordinance Amending the Bothell Municipal Code to Align with State Exceptions for Annual Comprehensive Plan Amendments and to Clarify Procedures for Providing State Environmental Policy Act (SEPA) Documentation to Advisory Bodies Recommended Action: Staff recommends that the Council adopt the attached Ordinance September 1, 2020 Agenda Packet, Page 9 of 160 amending BMC 11.18.060 and 14.02.220. Mayor Olsen opened the Public Hearing at 6:43 PM. Senior Planner Bruce Blackburn presented and entertained Council questions. No public comments were received. MOTION: Councilmember Duerr moved approval of the recommended action. Deputy Mayor Zornes second. The motion passed unanimously 7-0. C. AB # 20-065 – Public Hearing on Retaining Interim Ordinance Temporarily Suspending Development Application and Permit Timelines Recommended Action: Staff recommends that the Council take no action at this time. The Interim Ordinance will remain in effect until October 7, 2020. Mayor Olsen opened the Public Hearing at 6:50 PM. Community Development Director Michael Kattermann presented and entertained Council questions. No public comments were received. No action was taken. The Interim Ordinance will remain in effect until October 7, 2020. 5. Ordinances & Resolutions A. AB # 20-066 - Consideration of an Ordinance Initiating Condemnation of Property Needed for the North Creek Trail Section 4 Project Recommended Action: Approve an ordinance initiating condemnation of property for the North Creek Trail Section 4 project, and authorize the City Manager to acquire the necessary right-of-way for the project, subject to future Council approval of deeds and easements documenting the acquisitions. Public Works Director Erin Leonhart and Engineer Ryan Roberts presented and entertained Council questions. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion passed unanimously 7-0. B. AB # 20-067 - Consideration of a Resolution Temporarily Suspending the Capital Facilities Plan Update Process and Adopting an Abbreviated Process that Satisfies the Requirements of the Growth Management Act Recommended Action: Approve the Resolution temporarily suspending the Capital Facilities Plan Update process and adopting an abbreviated process that satisfies the requirements of the Growth Management Act. Finance Director Chris Bothwell presented and entertained Council questions. MOTION: Councilmember McNeal moved approval of the recommended action. Councilmember Agnew second. Councilmember McNeal spoke to his motion. VOTE: The motion passed 6-0-1 (Councilmember McAuliffe out of the meeting). September 1, 2020 Agenda Packet, Page 10 of 160 6. Contracts and Agreements A. AB # 20-068 - Consideration of an Interlocal Agreement for a North King County Mobile Integrated Healthcare Program Recommended Action: Authorize the City Manager to execute an Interlocal Agreement for a Mobile Integrated Healthcare Program with the City of Bothell, Northshore Fire Department, Woodinville Fire & Rescue, and the Shoreline Fire Department in substantially the same form as presented. Fire Chief Bruce Kroon presented and entertained Council questions. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion passed 6-0-1 (Councilmember McAuliffe away from the meeting.) 7. Other Items A. AB # 20-069 - Consideration of Dedicating State-Shared CARES Act Funding to the City for COVID-19 Related Expenses and to the Community for COVID-19 Related Assistance Recommended Action: Direct staff to proportion potential reimbursements to City cost recovery ($500,000) and Community response efforts ($500,000), and to bring the remaining funds ($400,000) back to Council by August 4, 2020 for allocation. Assistant City Manager Kellye Mazzoli presented and entertained Council questions. She stated the City of Bothell’s allocation is $1.4 million and entertained Council questions. MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0. B. AB # 20-070 – Consideration of options for public street and private property uses in response to COVID-19 Recommended Action: Provide direction to the City Manager to: 1. Either, close Main Street or implement flex zones between 101st and 102nd Avenues NE at no cost to businesses. To open all flex zones without cost to businesses, Council will need to pass a motion to waive the 2020 flexible zone permit fees and monthly charge; 2. Return on June 9 with an interim ordinance to amend the Bothell Municipal Code allowing restaurants to use private property/parking lots for outdoor dining; 3. Return by mid-July with information and cost estimates to close residential streets to support outdoor activities and safe social distancing. City Manager Jennifer Phillips review each of the 3 items she is seeking policy direction from Council on and entertained Council questions. Discussion ensued. MOTION: Councilmember Duerr moved approval of Option 2. Councilmember McAuliffe second. Amendment: Councilmember Thompson moved that no permit would be needed. Councilmember Duerr second for discussion. Discussion ensued. September 1, 2020 Agenda Packet, Page 11 of 160 Amendment withdrawn by maker and second. VOTE on MAIN MOTION: The motion carried 7-0. ITEM # 1 – Consensus was to waive the 2020 to waive the flexible zone permit fees. ITEM # 3 - Come back in mid-July with information and costs to close residential streets to support outdoor activities and safe social distancing. Discussion ensued. MOTION: Councilmember Thompson moved to have staff study this and bring it back for Council consideration. Councilmember Duerr second. Councilmember Thompson spoke to his motion. The motion failed 5-2: Councilmembers Agnew, McNeal, McAuliffe, Deputy Mayor Zornes and Mayor Olsen voted no. Councilmembers Thompson and Duerr yes. C. AB # 20-071 -Consideration of the King County Council’s Economic Development Relief Funds for Phase 2 Reopening Kits Recommended Action: Provide direction to Staff regarding the expenditure of King County Council’s 2020 Emergency Fund for Businesses Impacted by COVID-19. Economic Development Manager Jeanie Ashe presented and entertained Council questions. Council consensus was to ask businesses what they need. 8. Study Session/Update/Discussion Items - None at this time. 9. Council Conversations The conversation focused on recent events in the country in the wake of the George Floyd incident and how the City of Bothell has responded to the community. Councilmember McNeal thanked Chief Seuberlich for his letter to the community. 10. Executive Session/Closed Session - None at this time 12. Adjourn Mayor Olsen adjourned the meeting at 9:45 PM Submitted for approval on 9/1/2020 September 1, 2020 Agenda Packet, Page 12 of 160 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes June 9, 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 Mayor Olsen called the meeting to order at 6:00 PM and read the meeting guidelines into the record. City Clerk Laura Hathaway called roll – all Councilmembers present. 1. Meeting Agenda Approval There were no changes to the agenda. 2. Presentations, Reports, & Briefings A. Public Engagement Opportunities - None at this time. B. Proclamations - None at this time. C. Special Presentations - King County Solid Waste Rate Proposal Sustainability Coordinator Emily Warnock & King County Representatives Pat McLaughlin and John Walsh provided an update to the King County Solid Waste rate proposal and entertained Council questions. Councilmember McNeal stated he needed Council direction on this item to bring back to the Sound Cities Association (SCA) Public Issues Committee. Council consensus is to support the proposal. D. Staff Briefings - None at this time. September 1, 2020 Agenda Packet, Page 13 of 160 E. City Manager Reports - Update of City’s COVID-19 Response City Manager Jennifer Phillips provided an update on the City’s Covid-19 response to date and entertained Council questions. She asked for and received consensus to waive right-of-way fees for the whole downtown. City Manager Phillips also stated the pop-up dog park will reopen at the end of June with social distancing protocols in place. - Civil Protests Update City Manager Jennifer Phillips addressed the Council and the community in the wake of the George Floyd death and the protests that have followed. Police Chief Ken Seuberlich also commented on the death of George Floyd and updated the Council on the civil protests that have taken place in Bothell and entertained Council questions. Council thanked the Chief for his leadership during this trying time. F. Council Committee Reports None. 3. Visitor Comment Laura Escude – Library Boardmember – thanked the City Council for their service and provided an update on King County Library services. 4. Consent Agenda - None at this time. Council recessed at 7:30 and reconvened at 7:40 PM. 5. Public Hearings - None at this time. 6. Ordinances & Resolutions A. AB # 20-072 - Consideration of an Interim Ordinance Allowing Temporary Reduced Parking for Outdoor Dining Recommended Action: Provide direction to staff on whether to charge a fee and approve the proposed Interim Ordinance. Community Development Director Michael Kattermann presented and entertained Council questions. He stated that Council will need to hold a public hearing within 60 days of adoption MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember McNeal second. The motion carried 7-0. 7. Contracts and Agreements - None at this time. September 1, 2020 Agenda Packet, Page 14 of 160 8. Other Items A. AB # 20-073 -Consideration of the Redeployment of Lime Scooters in Bothell Recommended Action: Provide Staff with direction regarding the redeployment of electric scooters in the City of Bothell. Economic Development Manager Jeanie Ashe presented and entertained Council questions. MOTION: Councilmember Duerr moved approval to redeploy electric scooters in Bothell. Councilmember Thompson second. The motion carried 7-0. Council recessed at 8:02 PM and reconvened at 8:17 PM. 9. Study Session/Update/Discussion Items A. AB # 20-074 – Study Session on the Status of the Canyon Park Subarea Plan Update Recommended Action: No action is requested this evening. Senior Planner Bruce Blackburn presented an update on the Canyon Park Subarea Plan and entertained Council questions. Update only; no action taken. 10. Council Conversations Council conversations centered on how Council and staff could show support for the community during the Covid-19 pandemic. Council agreed on issuing a proclamation or resolution. 11. Executive Session/Closed Session - None at this time 12. Adjourn Mayor Olsen adjourned the meeting at 9:34 PM. Submitted for approval on 9/1/2020 September 1, 2020 Agenda Packet, Page 15 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 16 of 160 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** MINUTES June 16, 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 Mayor Olsen called the meeting to order at 6:08 PM. All Councilmembers were present with the exception of Councilmember Duerr who was absent and excused. 1. Meeting Agenda Approval There were no changes to the meeting agenda. 2. Presentations, Reports, & Briefings A. Public Engagement Opportunities - None at this time. B. Proclamations - Pride Month - Juneteenth Mayor Olsen read both proclamations into the record. Councilmember McNeal thanked the Mayor and staff for bringing both of these proclamations forward. C. Special Presentations - None at this time. D. Staff Briefings - Chief of Police Ken Seuberlich updated the Council on social demands for police reform and entertained Council questions. September 1, 2020 Agenda Packet, Page 17 of 160 E. City Manager Reports - None at this time F. Council Committee Reports Councilmember McNeal reported that the majority of SCA cities do not support the solid waste increase. Deputy Mayor Zornes provided an Lodging Tax Committee update as well as an update on the Chamber luncheon. 3. Visitor Comment Sarah Gustafson called in and spoke regarding the public comment process. Written comment was received by the following: 1. Pat Pierce – wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 2. Tonya Rimbey - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 3. Andrea Dusenberry - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 4. Brian Mitchell - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell in 2020 5. Julienne Rasor - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 6. Kate Lew - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 7. Jack Bartman - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 8. Joy Adiletta - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 9. Angie Lipe - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 10. Colin Tracy - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 11. Melissa Houston - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 12. Elizabeth Byrne - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 13. Tom Green - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 14. Jill Green - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 15. Melissa Glynn - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 16. Kristina DeLeo - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell September 1, 2020 Agenda Packet, Page 18 of 160 17. Ketra Mendez - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 18. Kristin Joyner - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 19. Christine Salazar - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 20. LaDrene Coyne - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 21. Jennifer Snyder - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 22. Asia Comeau - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 23. Christine Greig - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 24. Kim McKaig - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 25. Ray Shafer - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 26. Jamien Murphy - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 27. John Murphy - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 28. Tim Coyne – wrote regarding AB 20-080, in support of police task enforcement of the law and fines for the use of fireworks not deemed safe and sane. 29. Megan Bilder - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 30. Kevin Hackney - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 31. Bill Moritz – wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 32. Marla Ostrowski - wrote regarding AB 20-080, expressed concerns regarding the fireworks and had questions about the ban. 33. Debra Shelton - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 34. Robert & Judith Fisher - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 35. Joel Schleppi - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 36. Apollo Fuhriman - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell and made alternative suggestions to banning 37. Crystal Pierce - wrote regarding AB 20-080, in support for prohibiting the sale and use of fireworks in Bothell 38. Robert Fuhriman - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell September 1, 2020 Agenda Packet, Page 19 of 160 39. Maria Andrews - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 40. Jennifer Spanton - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 41. Karin Potter - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 42. Clifford Orr - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 43. Michael Potter - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 44. Maddy (no last name) - wrote regarding AB 20-080, against prohibiting the sale and use of fireworks in Bothell 4. Consent Agenda A. AB # 20-075 - Approval of May 2020 Vouchers Recommended Action: Approve vouchers for May 2020 totaling $3,570,529.06 B. AB # 20-076 - Approval of an Ordinance Extending Comcast’s Cable Television Franchise Agreement until May 2025 Recommended Action: Adopt the proposed Ordinance Extending Comcast’s Cable Television Franchise Agreement until May 2025. C. AB # 20-077 - Approval of an Interlocal Agreement for Fire Marshal Services with King County Fire Protection District No. 16 (Northshore Fire Department) Recommended Action: Authorize the City Manager to execute the Interlocal Agreement for Fire Marshal Services between King County Fire Protection District No. 16 and the City of Bothell in substantially the same form as presented. MOTION: Deputy Mayor Zornes moved approval of the Consent Agenda as presented. Councilmember Thompson second. The motion carried 6-0; Councilmember Duerr absent and excused. 5. Public Hearings A. AB # 20-078 - Public Hearing to Consider Adoption of a Resolution Approving the 2021-2026 Six-Year Transportation Improvement Program (TIP) Recommended Action: Adopt the proposed resolution approving the 2021-2026 Six-Year Transportation Improvement Program. Mayor Olsen opened the Public Hearing at 7:19 PM. Transportation Planner Sherman Goong presented and entertained Council questions. Written comments were received by: 1. Bill Moritz – urging Council NOT to accept the ERT from 102nd Ave NE to the eastern City Limits on NE Woodinville Drive be deleted. 2. Patrick Ewing – urging Council to keep the East Riverside Trail Project on the TIP. September 1, 2020 Agenda Packet, Page 20 of 160 MOTION: Deputy Mayor Zornes moved approval of the recommended action. Councilmember McAuliffe second. The motion carried 6-0; Councilmember Duerr absent and excused. Council recessed at 7:34 PM and reconvened at 7:40 PM. 6. Ordinances & Resolutions A. AB # 20-079 - Consideration of an Ordinance adopting the State Sales Tax Credit and Direct Revenues Received to the A Regional Coalition for Housing (ARCH) Trust Fund Recommended Action: Approve the Ordinance adopting the sales tax credit and direct staff to use the revenue received to fund a the annual ARCH trust fund contribution to ARCH for amounts received in 2020 and subsequent periods, unless a different qualifying use is identified in subsequent adopted budgets. Finance Director Chris Bothwell presented and entertained Council questions. MOTION: Councilmember Thompson moved approval of the recommended action. Councilmember Agnew second. The motion carried 6-0; Councilmember Duerr absent and excused. B. AB #20-080 – Consideration of Ordinance Prohibiting the Sale and Use of Fireworks in Bothell Recommended Action: Approve or deny the attached ordinance prohibiting the sale and use of fireworks within City limits. City Manager Jennifer Phillips presented and entertained Council questions. She stated there was no staff recommendation on this item; but staff felt, based on comments received by the public and discussions with Councilmembers, that it was time to revisit this issue. Fire Chief Kroon, Fire Marshall Noble and City Attorney Byrne also entertained Council questions. Discussion ensued. MOTION: Councilmember Agnew moved adopt an ordinance prohibiting the sale and use of fireworks in the City of Bothell. Councilmember Thompson second. AMENDING MOTION: Deputy Mayor Zornes moved to add exemptions for sale and use of certain fireworks. Councilmember McNeal second. Discussion ensued. VOTE ON AMENDING MOTION: The Amending Motion failed 3-3: Councilmember McAuliffe, Agnew and McNeal no. Councilmember Thomspon, Deputy Mayor Zornes and Mayor Olsen yes. Councilmember Duerr absent and excused. VOTE ON MAIN MOTION: The Main Motion failed 3-3: Councilmembers McNeal, McAuliffe and Deputy Mayor Zornes no. Councilmembers Thompson, Agnew and Mayor Olsen yes. Councilmember Duerr absent and excused. Council recessed at 8:45 and reconvened at 8:50. September 1, 2020 Agenda Packet, Page 21 of 160 7. Contracts and Agreements A. AB # 20-081 – Consideration of the Snohomish County Public Works Assistance Fund Loan Agreement for Sewer Lift Station 4 (Camden Crest) Replacement Recommended Action: Authorize the City Manager to enter into a Snohomish County Public Works Assistance Fund Loan Agreement for Sewer Lift Station 4 replacement. Utility and Development Services Manager Boyd Benson presented and entertained Council questions. MOTION: Councilmember Thompson moved approval of the recommended action. Deputy Mayor Zornes second. The motion carried 6-0; Councilmember Duerr absent and excused. 8. Other Items A. AB # 20-082 – Update on Progress towards Council’s 2019-2020 Biennium Goals Recommended Action: No action is requested at this time. City Manager Jennifer Phillips presented and entertained Council questions. She stated that many questions will be answered at the June 23-25 Budget Meetings. B. AB # 20-083 – First Quarter 2020 Financial Report and Fourth Quarter 2019 Financial Report Recommended Action: Presentation only. Finance Director Chris Bothwell presented and entertained Council questions. 9. Study Session/Update/Discussion Items - None at this time. 10. Council Conversations Council conversed on several topics including parks and the bridge at Bothell Landing. 11. Executive Session/Closed Session - None at this time. 12. Adjourn Mayor Olsen adjourned the meeting at 9:27 PM. Submitted for approval 9/1/2020 September 1, 2020 Agenda Packet, Page 22 of 160 BOTHELL CITY COUNCIL SPECIAL BUDGET WORKSHOP MEETINGS ***VIRTUAL MEETINGS*** MINUTES June 23, 2020 6:00 PM - 9:00 PM 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 Olson called the meeting to order at 6:05 PM and reviewed the meeting guidelines. City Clerk Laura Hathaway call roll – All present with the exception of Councilmember Duerr who was having technical difficulties. She joined the meeting at 6:08 PM. 1. Meeting Agenda Approval Councilmember McNeal asked to add an item to the June 25th Special Meeting Agenda – Main Street/101st Avenue NE Street Closure. Council has also been asked to appoint a member to the North King County Shelter Task Force. This item will also be added to the June 25th Agenda for approval/appointment. Mayor Olsen asked for a Moment of Personal Privilege to address community policing, “Ordinance No.1” regarding Apes on Main Street, and the Mural on 101st Avenue. He stated that while talking about race and racism may be an uncomfortable topic for many, not talking about it allows it to continue. 2. Visitor Comment Hannah Mendro (written comment) spoke regarding police, arts and housing. Benjamin Mahnkey – (call-in) spoke regarding budget projections. 3. Other Items A. 2021-2022 Budget Workshop and Department Presentations City Manager Jennifer Phillips stated this discussion is intended to be a high-level policy discussion focusing on the General Fund and that there will be more detailed discussion in the fall. • Financial Overview Finance Director Chris Bothwell presented the financial forecast and the revenue forecast and entertained Council questions. He also presented council manic opportunities, debt analysis, and the fund balance. September 1, 2020 Agenda Packet, Page 23 of 160 Council recessed at 7:15 PM and reconvened at 7:25 PM. • Council Goals City Manager Jennifer Phillips let the discussion on Council Goals. She stated she consolidated the 10 goals into 5 goal categories. Discussion ensued. Council recessed at 8:28 PM and reconvened at 8:41 PM. • Department Budget Presentations o Executive Office City Manager Jennifer Phillips presented the Executive Division budget overview which includes Legislative, City Clerk, Emergency Management, Tourism, Community Relations, and Economic Development and entertained Council questions. o Finance Director Chris Bothwell presented the finance department budget overview and entertained Council questions. o Human Resources Director Mathew Pruitt presented the Human Resources department budget overview and entertained Council questions. o Information Services Director Joe Sherman presented the Information Services department budget overview and entertained Council questions. o Legal Attorney Paul Byrne presented the Legal department budget overview and entertained Council questions. 4. Adjourn The meeting was adjourned at 9:45 PM and budget presentations will continue on June 24, 2020 at 6:00 PM. Submitted for approval on 9/1/2020 September 1, 2020 Agenda Packet, Page 24 of 160 BOTHELL CITY COUNCIL SPECIAL BUDGET WORKSHOP MEETING ***VIRTUAL MEETINGS*** Minutes June 24, 2020 6:00 PM - 9:00 PM 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 and reviewed the meeting guidelines. City Clerk Laura Hathaway called roll – all Councilmembers present. 1. Meeting Agenda Approval The meeting agenda was approved as presented. 2. Visitor Comment Erik Jensen – wrote in regarding funding for the Radar/Navigator Program. Evan Kim – wrote in regarding funding for the Radar/Navigator Program. David Levitan – called in regarding body cameras for police – SEE TAPE. Sarah Gustafson- called in regarding body cameras for police and the police dept. budget. 3. Other Items • Department Budget Presentations Continued o Police, Municipal Court, Fire Police Chief Ken Seuberlich presented the police budget overview and addressed current events involving police across the country and elaborated on I-940 and HB 1064. Chief Seuberlich entertained Council questions regarding de-escalation training and mental health. Council recessed at 7:40 PM and reconvened at 7:45 PM. Judge Mara Rozzano presented the Court budget and entertained Council questions. Council recessed at 8:44 PM and reconvened at 8:51 PM. Fire Chief Bruce Kroon presented the Fire Department Budget and entertained Council questions. September 1, 2020 Agenda Packet, Page 25 of 160 4. Adjourn At 9:35 PM, Mayor Olsen stated this meeting would be adjourned until 6:00 PM on June 25th for the remaining department presentations. Submitted for Approval 9/1/2020 September 1, 2020 Agenda Packet, Page 26 of 160 BOTHELL CITY COUNCIL SPECIAL BUDGET WORKSHOP MEETING ***VIRTUAL MEETING*** Minutes June 25, 2020 6:00 PM - 9:00 PM 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 SPECIAL SESSION Mayor Olsen called the meeting to order at 6:00 PM and reviewed the meeting guidelines. City Clerk Laura Hathaway called roll – all Councilmembers present. 1. Meeting Agenda Approval The meeting agenda was approved as presented. 2. Visitor Comment James Dooley – submitted written comments regarding the police budget (these comments will be made part of the official record). 3. Other Items A. Added Item (from the 6/23/2020 meeting): Council Appointment to North King County Shelter Task Force Recommended Action: Appoint a Councilmember to Serve on the North King County Shelter Task Force Mayor Olsen stated the City received a letter from the City of Shoreline asking Bothell to join and appoint a City Councilmember to the North King County Shelter Task Force. The goal is to establish a year-round 24/7 Shelter for single adults in North King County. Councilmember Thompson stated he would be willing to serve. MOTION: Councilmember Thompson moved to appoint himself as the member to the North King County Shelter Task Force. Deputy Mayor Zornes second. The motion carried 7-0. B. *Added Item (from the 6/23/2020 Council Meeting): Consideration of Main Street/101st Ave NE Closure to Vehicle Traffic for Public Street and Private Property Uses in Response to COVID-19 Recommended Action: Provide direction to staff City Manager Jennifer Phillips explained that this item was added on June 23, 2020 and there is no staff recommendation. September 1, 2020 Agenda Packet, Page 27 of 160 Discussion ensued. City Manager Phillips, based on information from Public Works Director Erin Leonhart, suggested converting parking stalls into flex zones for those businesses that want them.. Council agreed with this option and the item does not need to come back to Council for approval; Staff will work with the businesses to implement. C. 2021-2022 Budget Workshop and Department Presentations • Department Budget Presentations o Community Development, Parks & Recreation, Public Works Director Michael Kattermann presented the Community Development Department budget overview and entertained Council questions. Director Kattermann will provide a list of docket items to Council. Council recessed at 7:30 and reconvened at 7:38 PM. Director Nik Stroup presented the Parks and Recreation Department budget overview and entertained Council questions. Director Erin Leonhart presented the Public Works Department budget overview and entertained Council questions. Council recessed at 8:43 PM and reconvened at 8:49 PM. • Summary of Policy Issues City Manager Jennifer Phillips will prepare a list of policy issues which were discussed over this 3 day period and bring it back to the Council on July 7, 2020 for direction. 4. Adjourn Mayor Olsen adjourned the meeting at 9:14 PM. Submitted for approval on 9/1/2020 September 1, 2020 Agenda Packet, Page 28 of 160 City Council Agenda Bill AB # 20-101 TO: Mayor Olsen and Members of the Bothell City Council FROM: Chris Bothwell, Finance Director Maureen Schols, Deputy Finance Director (Presenter) DATE: September 1, 2020 SUBJECT: Approve June 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 June 1 – 30, 2020 totaling $4,271,344.15 that were approved and paid for by the City Auditor.  Direct deposit transactions #2000133247- #2000133950 totaling $1,873,561.95  Payroll and benefit checks #39186 - #39226, plus wire benefit payments #701- #741 totaling $2,397,782.20 HISTORY: DATE ACTION JULY 7, 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. June 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 June 1 – 30, 2020. September 1, 2020 Agenda Packet, Page 29 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 30 of 160 City Council Agenda Bill AB # 20-102 TO: Mayor Olsen and Members of the Bothell City Council FROM: Chris Bothwell, Finance Director Maureen Schols, Deputy Finance Director (Presenter) DATE: September 1, 2020 SUBJECT: Approve July 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 July 1 – 31, 2020 totaling $3,974,998.39 that were approved and paid for by the City Auditor.  Direct deposit transactions #2000133951- #2000134657 totaling $1,940,313.67  Payroll and benefit checks #39227 - #39257, plus wire benefit payments #742 - #755 totaling $2,034,684.72 HISTORY: DATE ACTION JULY 7, 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. July 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 July 1 – 31, 2020. September 1, 2020 Agenda Packet, Page 31 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 32 of 160 City Council Agenda Bill AB # 20-103 TO: Mayor Olsen and Members of the Bothell City Council FROM: Paul Byrne, City Attorney Darcey Eilers, Deputy City Attorney Elana Zana, Ogden Murphy Wallace (City’s telecommunications counsel) DATE: September 1, 2020 SUBJECT: Approval of an Ordinance Extending Ziply Fiber’s Cable Television Franchise Agreement until September 2022. POLICY CONSIDERATION: This item asks the City Council to consider on first reading adopting an ordinance extending the existing cable franchise agreement with Ziply Fiber for an additional two years to September 2022. If approved, it has the potential to impact community members and businesses by continuing to allow existing cable service and maintaining the existing number of cable service providers in the City. If approved, the City will continue to collect revenue from franchise activities and reimbursement for previously-incurred capital costs associated with public, educational, and government (PEG) channel programming. HISTORY: DATE ACTION AUGUST 28, 2008 City Council granted a cable franchise to Verizon Northwest Inc. (Ordinance No. 1996) NOVEMBER 17, 2009 City Council approved the transfer of control of the cable franchise from Verizon Northwest Inc. (a subsidiary of Verizon Communications Inc) to Frontier Communications Corporation (Ord. No. 2031) SEPTEMBER 4, 2018 City Council approved a franchise extension for Frontier Communications Northwest Inc. (Ord. No. 2257) NOVEMBER 19, 2019 City Council approved the transfer of control of the cable franchise from Frontier Communications Corporation to Northwest Fiber, LLC, d/b/a Ziply Fiber and granted an extension (Ord. No. 2293) September 1, 2020 Agenda Packet, Page 33 of 160 City Council Agenda Bill AB # 20-103 Ziply Fiber (“Ziply”) provides cable services to Bothell customers, operating its cable system in City rights-of-way under a franchise agreement. Ziply’s current franchise is the successor to an original 2008 franchise, granted to Verizon Northwest Inc. and subsequently transferred to Frontier. The Ziply franchise expired recently, in August 2020. DISCUSSION: The City’s outside telecommunications counsel, Elana Zana with Ogden Murphy Wallace, and City staff are recommending an extension of the Ziply franchise at this point rather than a new franchise. This is because Ziply continues developing its business plans and organizing following closing of its purchase transaction from Frontier. A two-year extension will provide an opportunity for the City and Ziply to discuss franchise needs and requirements once Ziply has become more established in the community and had an opportunity to interact with City permit and project processes. For reference, Ziply currently has approximately 900 cable subscribers. The proposed extension ordinance is attached as Attachment 1. FISCAL IMPACTS: The revenue associated with this franchise agreement is unchanged and consistent with budgeted amounts. Ziply pays a 5% franchise fee to the City, and also remits to the City PEG fees and utility taxes. ATTACHMENTS: Att-1. Proposed Ordinance Extending the Ziply Fiber Cable Franchise RECOMMENDED ACTION: No action is requested at this time. Instead, this item is currently scheduled for Council action on the September 8, 2020 consent agenda. September 1, 2020 Agenda Packet, Page 34 of 160 Page 1 of 5 ORDINANCE NO.______(2020) AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, GRANTING AN EXTENSION OF THE CABLE FRANCHISE TO NORTHWEST FIBER, LLC, WITH CONDITIONS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Bothell (the “City”) adopted Ordinance No. 1996 granting a nonexclusive cable franchise to Verizon Northwest Inc., to operate a cable system (the “System”) within the city limits of the City of Bothell, with an effective date of August 28, 2008 (the “Franchise”); and WHEREAS, on November 17, 2009, the City approved the transfer of control of Verizon Northwest Inc., from Verizon Communications Inc. (its parent entity) to Frontier Communications Corporation, by way of Ordinance No. 2031; and WHEREAS, Frontier Communications Corporation changed the name of the franchisee from Verizon Northwest Inc. to Frontier Communications Northwest Inc.; and WHEREAS, on September 4, 2018, the City adopted Ordinance No. 2257, extending the term of the Franchise to August 28, 2019; and WHEREAS, on May 28, 2019, Northwest Fiber, LLC, d/b/a Ziply Fiber (“Ziply”) entered into a purchase agreement with Frontier Communications Corporation and its wholly-owned subsidiary Frontier Communications ILEC Holdings, LLC (together “Frontier”) in order to acquire control of the Franchisee, among other Frontier-controlled entities; and WHEREAS, on November 19, 2019, the City approved the transfer of control of Frontier Communications Corporation to Ziply and granted a further extension of the Franchise to Ziply by way of Ordinance No. 2293; and WHEREAS, the Franchise has currently expired but Ziply and the City find it mutually beneficial to extend the existing Franchise for an additional two (2) years in order to promote and facilitate an orderly franchise renewal process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FRANCHISE EXTENSION. The term of the Franchise granted under Ordinance No. 1996 and extended by Ordinance No. 2257 and Ordinance No. 2293 is hereby extended from the prior extension expiration date of August 28, 2020, up to and September 1, 2020 Agenda Packet, Page 35 of 160 Page 2 of 5 through September 20, 2022, or until such time as the City has adopted a further franchise ordinance that supersedes this Ordinance, whichever occurs sooner. This extension is expressly conditioned upon the City’s receipt of Ziply’s written acceptance as described in Section 5. Section 2. COMPLIANCE WITH FRANCHISE TERMS. As a condition of the extension granted by this Ordinance, Ziply shall provide its written and acknowledged unconditional acceptance and promise to comply with all provisions, terms, and conditions of the Franchise, as amended herein and by Ordinance 2293, during this extension period. By the adoption of this Ordinance, the City agrees to continue to comply with all provisions, terms and conditions of the Franchise, as amended herein, during the extension period. Section 3. RESERVATION OF RIGHTS. Both the City and Ziply reserve and retain all of their rights under both the formal renewal process and informal renewal process under 47 U.S.C. § 546. Section 4. BOND AND INSURANCE. The performance bond and insurance policies maintained by Ziply pursuant to the Franchise shall remain in effect during the extension period. Section 5. ACCEPTANCE. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Ziply. Acceptance shall be accomplished by the submission of a written instrument, executed and sworn to by a corporate officer of Ziply, and filed with the City within thirty (30) days after the effective date of this Ordinance, in a form substantially attached as Exhibit A hereto. Section 6. 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 7. 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 8. 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. September 1, 2020 Agenda Packet, Page 36 of 160 Page 3 of 5 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) September 1, 2020 Agenda Packet, Page 37 of 160 Page 4 of 5 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, GRANTING AN EXTENSION OF THE CABLE FRANCHISE TO NORTHWEST FIBER, LLC WITH CONDITIONS AND ESTABLISHING AN EFFECTIVE DATE. 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) September 1, 2020 Agenda Packet, Page 38 of 160 Page 5 of 5 EXHIBIT A ACCEPTANCE OF EXTENSION OF FRANCHISE This Acknowledgment of Extension of Franchise is made by Northwest Fiber, LLC d/b/a Ziply Fiber (“Ziply”) for the City of Bothell, Washington. WHEREAS, the City conferred a franchise on Ziply Fiber (the “Franchise”) and recently adopted Ordinance No. ___ extending the term of the Franchise upon acceptance by Ziply; and WHEREAS, Ziply wishes to agree to and acknowledge the continued effect of the Franchise until September 20, 2022. Now, therefore, Ziply acknowledges and agrees as follows: 1. Term. The Franchise is hereby acknowledged and agreed to be extended until September 20, 2022, as provided in Ordinance No. ____. 2. Ratification. All terms and conditions of the Franchise are hereby ratified, accepted, and confirmed, except that the provision for the duration of the Franchise is hereby extended to September 20, 2022. Ziply hereby unconditionally accepts and promises to comply with all provisions, terms, and conditions of the Franchise during the extension period. Ziply hereby confirms that it will maintain during this extended term the performance bond and insurance policies as described in the Franchise. NORTHWEST FIBER, LLC By: ____________________________________ Its: ____________________________________ Dated: __________________________________ September 1, 2020 Agenda Packet, Page 39 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 40 of 160 City Council Agenda Bill AB # 20-104 TO: Mayor Olsen and Members of the Bothell City Council FROM: Erin Leonhart, Public Works Director Jeff Sperry, Fleet & Facilities Manager (Presenter) DATE: September 1, 2020 SUBJECT: Approve and Authorize the City Manager to Execute an Interlocal Agreement with the City of Lynnwood to Allow Cooperative Purchasing POLICY CONSIDERATION: This item asks the City Council to consider if the City should enter into an interlocal cooperative purchasing agreement with the City of Lynnwood. Approving this item will allow the City of Lynnwood to utilize the City’s emergency vehicle outfitting contract with Systems for Public Safety. HISTORY: DATE ACTION OCTOBER 15, 2019 City Council approved emergency vehicle outfitting contract with Systems for Public Safety On October 15, 2019, the City Council approved a contract with Systems for Public Safety for emergency vehicle outfitting. A provision in that agreement was included to extend contract prices to other governmental agencies. On July 22, 2020 the City of Lynnwood procurement division contacted the City to request an interlocal cooperative purchasing agreement to utilize the City’s contract for emergency vehicle outfitting with Systems for Public Safety. DISCUSSION: The purpose of this item is to allow the City of Bothell and the City of Lynnwood to enter into an agreement that allows for cooperative governmental purchasing of supplies, goods and services to the mutual benefit of both agencies. The City would be able to utilize agreements that the City of Lynnwood enters into for supplies, goods, and services, as long as the procurement process used by the City of Lynnwood to reach that agreement meets the City’s current procurement policies. Entering into such an agreement with the City of Lynnwood could help save the City time and resources on lengthy procurement processes. Entering into interlocal agreements for the aforementioned reasons and subject to the aforementioned requirements, is consistent with the City’s Purchasing Policy. The agreement may be terminated by either agency at any time by giving written notice to the other agency. September 1, 2020 Agenda Packet, Page 41 of 160 City Council Agenda Bill AB # 20-104 FISCAL IMPACTS: The purchases that the interlocal agreement will facilitate are included in the Adopted 2019-2020 Budget and will be the subject of separate Council action. This item does not have any other financial impacts. ATTACHMENTS: Att-1. Interlocal Cooperative Purchasing Agreement Between City of Lynnwood and City of Bothell RECOMMENDED ACTION: Authorize the City Manager to execute an Interlocal Agreement between the City of Lynnwood and the City of Bothell for cooperative purchasing. September 1, 2020 Agenda Packet, Page 42 of 160 City of Lynnwood Procurement Division 19100 44th Ave W Lynnwood, WA 98036 425-670-5000 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF LYNNWOOD, WA, and CITY OF BOTHELL, WA, hereby agree to cooperative governmental purchasing upon the following terms and conditions: This agreement pertains to bids and contracts for supplies, material, equipment or services that may be required from time to time by both the City of Lynnwood and the City of Bothell. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor supplier, or service provider. Each of the parties shall comply with all applicable laws and regulations governing its own purchases. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. The Purchasing Manager of the City of Lynnwood and the _______________________________of the of the City of Bothell shall be representatives of the entities for carrying out the terms of this Agreement. This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. CITY OF LYNNWOOD, WA _________________________ ____________ Cathy Robinson, CPPO, CPPB Date Interim Procurement Manager CITY OF BOTHELL, WA ____________________________ _________ Date Name: ____________________________________ Title: _____________________________________ Page 1 of 1 July 2020          ATT-1 September 1, 2020 Agenda Packet, Page 43 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 44 of 160 City Council Agenda Bill AB # 20-105 TO: Mayor Olsen and Members of the Bothell City Council FROM: Bruce Kroon, Fire Chief (Presenter) DATE: September 1, 2020 SUBJECT: Consider Approval of an Interlocal Cooperative Purchasing Agreement with the Marysville Fire District for the Aid Car Purchase funded by the Safe and Secure Levy POLICY CONSIDERATION: This item asks City Council to authorize the City of Bothell to enter into an Interlocal Cooperative Purchasing Agreement with Marysville Fire District. It allows Bothell to use Marysville’s bid proposal with Braun Northwest to purchase one aid car funded through the Safe and Secure Levy. HISTORY: DATE ACTION NOVEMBER 6, 2018 Public Safety Levy Lid Lift and Capital bond approved by voters. DISCUSSION: This aid car is an addition to the current fleet for a total of five and is not a replacement vehicle. The aid car will be providing a new level of service to citizens in north Bothell and the northern portion of Snohomish County Fire District 10 and will add to our ability to quickly respond to calls for service on the I-405 corridor. When the Station 45 rebuild is complete, along with the addition of the six levy firefighters, the City’s plan is to staff a two-person aid car at Station 45. This would increase the daily staffing from three to five personnel. Typically, an aid car is expected to be in service for twelve years. Depending on use, it is often a “front line” unit for eight to nine years and then put in a “reserve” status for the remainder of its useful life. FISCAL IMPACTS: This item is funded by the Safe and Secure Levy Fund. The Adopted Budget includes $215,000 for the aid car purchase that is the subject of this agenda item. The actual cost to procure the aid car is currently $296,000. The Safe and Secure Levy Fund has sufficient budget appropriations in the current biennium to fund the additional cost; as such, a budget amendment is not required to fund the purchase. The additional cost associated with the aid car will not compromise any other items funded by the Safe and Secure Levy. ATTACHMENTS: Att-1. Interlocal Agreement between Marysville Fire District and the City of Bothell September 1, 2020 Agenda Packet, Page 45 of 160 City Council Agenda Bill AB # 20-105 RECOMMENDED ACTION: Authorize the City Manager to enter into an Interlocal Cooperative Purchasing Agreement with Marysville Fire District for the purchase of one levy funded aid car. September 1, 2020 Agenda Packet, Page 46 of 160 +19&6.2#.q#224&69,=&q 4;6#*7-1)q)6&&/&19q KFXAoq0>demMSSFq(MaFq$NegaQAhq "MCq3XFqq[bq0[aFq:p]Fqq!V@lS>XAFeq>XDq'`lN^WGXiq %>jF q52q8OLYHEq4c\_\f?Tq q &JIBkPnIq<ZkRUq q %$&$ĉĉ+ Xĉ|€t4}ĉ !+’ĉ ĉĉ#åĉ æß /ĉNĉa*ĉ –—˜L555L™šĉ›ĉ ĉ ç@ĉ õĉ ĉ ĉ cŒ('(ŽFĉ ĉ j222klmnGopqrsGĈĉ ¡ & ĉNYY ĉ ĉ ĉ ĉ F)…!d*ĉ -¢ĉ . ĉ Ôþ­ĉ è@Ä*ĉ  : 7 ®   : ĉ  $ - 8 ` ¯      ĉ à @ ĉ      ĉ DÆĉ  Ú°ĉĉĉöĉĉ “#±= >gĉ " ĉ éĉĉWZ S ĉ ÇÈĉ ÿê ĉ19ĉ ĉ RÌĆ ĉ ;ĉĉ> 9²ĉ ) ĉ#ĉ 6Í1³ ĉ<ĉ/ ĉ  ‚ĉ z3 ,ĉ %('‹!*ĉ ĉ A  ĉQAĉ ĉ Āĉ ĉ ĉ  ĉ hĉ  &ĉ  E ĉ ĉ $  ĉCëĉĉ ìĉÅ´Éĉā-µ ¶Vĉĉ £ĉb=ĉ U  ĉ 1iĉ= ĉ & ĉ Ăĉ" ĉ ¤ĉ óu {3 ¥ĉ )J!ĉ ĉ  ·"Î. ĉQĉÕÏVĉaĉ  ĉ  ¸ 7:ĉĉ   ĉ 1 ĉ & _Ê ¹ĉ  ñº ĉ $[#]ĉ- ĉBĉĉĉOĉ C#ĉ ĉ ă » ¼ĉ½Û ä$÷v 4H ,¦ĉ %(‰(!ĉ  øĉ >ĉ ]¾"Ð ĉ Rĉ ĉ [ŸíUMĉOĉ  ĉ D§  \ĉ ĉ#ĉ `ĉ ? ĉ M Cĉĉî á¿"TË. ĉ6ïĉ  Ö/ĉĉ ù#ĉ _0 ð9ĉ" ĉ ĉ)J!y ~w ,¨ĉ )K!ĉ 0\ ĉ ĉ X © ĉ ĉ â ĉ W? ÜÑ ĉ PBĉ ĉ $Zªĉ Pĉ /  3 H ,ĉ < ĉ Òĉ×ÀÝĉ 8ĉ6žĉãĉ«ĉ e4fĉ Bĉ0Øĉ¬ĉ ĉĉ EĄ 7 " ĉúĉ A^Áx     †ûüćĉ';ĉ K  ĉ'Ùĉ I &ĉ I òôĉ  +S ĉ  ĉ ”ĉ + ĉ ĉ •Ãĉ  %ĉ ‡bĉ %Þĉ ˆEĉ 8 ą0ĉ ƒĉ .  Dĉ „ĉ % œĉ';ĉ T^ĉ ?ýĉ Š<ĉ ‘Óĉ iiq September 1, 2020 Agenda Packet, Page 47 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 48 of 160 City Council Agenda Bill AB # 20-106 TO: Mayor Olsen and Members of the Bothell City Council FROM: Jennifer Phillips, Executive DATE: September 1, 2020 SUBJECT: Consideration of Lot D Disposition POLICY CONSIDERATION: This item asks the City Council to consider entering into a purchase and sale agreement (PSA) with Trammel Crow Residential (TCR) for the development of Lot D. If approved, proceeds from the sale of Lot D will be used to rebuild the City’s fund balance, pay for downtown clean up, and backfill City Hall lease payments as necessary. HISTORY: DATE ACTION JULY 2014 The City entered into a Letter of Intent with Regency Centers for the purchase of Block D and began preparation of a Purchase and Sale Agreement. MARCH 2015 The City Council declared the property known as Block D surplus via Resolution 1326 (2015). MARCH 2015 City Council authorized the City Manager to execute a Purchase and Sale Agreement and proposed Development Agreement for Block D with Regency Centers Acquisition, LLC. AUGUST 2015 The City Manager executed an amendment to the Purchase and Sale Agreement extending the Outside Closing Date to December 15, 2017. September 1, 2020 Agenda Packet, Page 49 of 160 City Council Agenda Bill AB # 20-106 SEPTEMBER 2017 The City provided the Corner Parcel Amendment (Third Amendment) to Regency Centers for consideration, per the PSA. NOVEMBER 2017 City Council authorized the City Manager to enter into a Consent Decree with the Washington State Department of Ecology that addresses cleanup of contamination from the former Bothell Service Center Association site. DECEMBER 9, 2017 The City receives signed Third Amendment from Regency Centers. City Council, within its rights under the PSA, elected not to authorize another amendment and the PSA expired. MAY 1, 2018 Staff presented an update on the Downtown City- Owned Properties. City Council consensus to move forward on the sale of Block D. DISCUSSION: A key component to the implementation of Bothell’s downtown redevelopment vision was the purchase and the ultimate sale of properties in and around downtown. Serving as a “master developer” offered the City the opportunity to sell properties and negotiate development agreements that protect the City’s interests and delivers the types of amenities and mix of uses desired by the community. Staff has taken great care to ensure that the future development of Lot D meets the Council’s goal of attracting a developer that will build a building that is an architectural gateway to the City and is of high-quality design. At its September 10, 2019 meeting, Council received the results of a visual preference survey they participated in, and, provided feedback that informed the marketing materials for Lot D. When the property was listed, marketing materials reiterated Council’s goals and specifically stated that one of the disposition goals is that the “project is consistent with the City’s development concept expectations.” The marketing materials and website for the disposition of Lot D were very thorough, providing extensive information about the history of the property and its environmental cleanup . This was in addition to the traditional market area data and council goals information. All of this was to ensure that the call for offers attracted a qualified developer who could pay top market value and provide contingencies (due diligence period, time to close, earnest money type and amount, and environmental experience) that match the City’s financial goals. The effort paid off and the Council is now asked to approve a PSA with a qualified developer. September 1, 2020 Agenda Packet, Page 50 of 160 City Council Agenda Bill AB # 20-106 Trammel Crow Residential (TCR) is a well-financed, national developer. A pioneer of U.S. multifamily real estate, in the past 40 years, the company has developed 250,000 premier multifamily residences. They have a local presence, a deep network and an understanding of local market dynamics. TCR’s completed mixed-used residential projects are located in Redmond, Bellevue, and Issaquah. FISCAL IMPACTS: The revenue associated with this item is not budgeted. The City’s Comprehensive Financial Management Policies state that speculative revenues cannot be included in the adopted budget. The lengthy and complicated due diligence period associated with this contract cause the revenue to be considered speculative. As such, this item cannot be included in the adopted budget and a budget amendment is not attached to this item. Staff will bring a budget amendment forward for Council consideration closer to the actual transaction closing date, when this item is no longer considered speculative. ATTACHMENTS: Att-1. Purchase & Sale Agreement with Maple Multi-family Land TX, LP Att-2. TCR Lot D Proposed Project RECOMMENDED ACTION: Authorize the City Manager to execute the Purchase & Sale Agreement with Maple Multi-family Land TX, LP, for the purchase of property known as Lot D in the amount of $12,750,000. 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(Presenter) DATE: September 1, 2020 SUBJECT: Consider Approving a Subordination Agreement related to Refinance of Riverside Landing Apartments (affordable housing) POLICY CONSIDERATION: This item asks the City Council to consider approval of a subordination agreement to an affordable housing regulatory agreement between the City and Riverside Landing Associates, for the benefit of Orix Real Estate Capital, LLC, related to Riverside Landing Apartments. HISTORY: DATE ACTION DECEMBER 10, 1997 City enters into Regulatory Agreement and Declaration of Restrictive Covenants with Riverside Landing Associates related to affordable housing MAY 26, 2020 Corey Baldwin of Shelter Resources Inc. contacts the City to request City signature on documents required to refinance the Riverside Landing Apartments DISCUSSION: In 1997, the City entered into a regulatory agreement with Riverside Landing Associates (“Partners”), as required by A Regional Coalition for Housing (ARCH), to secure funding for the construction of Riverside Landing Apartments (“Property”). Concurrently, the Partners entered into a regulatory agreement with the Washington State Housing Finance Commission (“Commission”) requiring a long-term commitment to affordable housing and subordination of the City’s regulatory agreement to the Commission’s agreement. In 2014, at the end of the initial compliance period, the senior debt on the Property came due. At that time, the Partners refinanced with a 10-year loan with Opus Bank. That loan is coming due in 3 years. Because the Partners desire to continue its commitment to long term senior affordable housing at the Property, the Partners are seeking to refinance the existing loan with a new 10- year loan. Because time is needed to secure the necessary financing September 1, 2020 Agenda Packet, Page 121 of 160 City Council Agenda Bill AB # 20-107 commitments from the Commission of tax-exempt bonds and housing tax credits, the Partners are seeking Council’s approval on the attached subordination agreement as one of the Commission’s requirements. FISCAL IMPACTS: None ATTACHMENTS: Att-1. Subordination agreement to a regulatory agreement between the City and Riverside Landing Associates, for the benefit of Orix Real Estate Capital, LLC. RECOMMENDED ACTION: Authorize City Manager to execute attached subordination agreement. September 1, 2020 Agenda Packet, Page 122 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Prepared by, and after recording return to: SUBORDINATION AGREEMENT GOVERNMENTAL ENTITY ATT-1 September 1, 2020 Agenda Packet, Page 123 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page 1 SUBORDINATION AGREEMENT GOVERNMENTAL ENTITY FOR REGULATORY AGREEMENT REGULATORY AGREEMENT ONLY/NO SUBORDINATE DEBT THIS SUBORDINATION AGREEMENT FOR REGULATORY AGREEMENT (this “Agreement”) is effective as of the ___ day of, 2020, by the CITY OF BOTHELL, a political subdivision of the State of Washington (“Governmental Entity”), and RIVERSIDE LANDING ASSOCIATES, A WASHINGTON LIMITED PARTNERSHIP, a Washington limited partnership (“Borrower”), for the benefit of ORIX REAL ESTATE CAPITAL, LLC, a Delaware limited liability company, its successors and assigns (“Lender”). RECITALS: A. Simultaneously herewith Lender is making a loan to Borrower in the original principal amount of $3,853,000.00 (“Loan”) pursuant to a Multifamily Loan and Security Agreement between Lender and Borrower (as supplemented or amended from time to time, the “Loan Agreement”) and evidenced by a Multifamily Note by Borrower to Lender (as supplemented or amended from time to time, the “Note”). The Loan is to be secured by a Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing that will be recorded among the records of King County, Washington (“Official Records”) (as supplemented or amended from time to time, the “Mortgage”) of certain improved real property located at 10130 West Riverside Drive, Bothell, Washington 98011, as more particularly described on Exhibit A attached hereto (“Property”). The Loan Agreement, the Note and the Mortgage, together with all other documents executed with respect to the Loan, are hereinafter collectively referred to as the “Loan Documents”. B. In connection with the construction and development of the Property, Borrower is entered into a certain Regulatory Agreement Declaration of Restrictive Covenants dated as of December 10, 1997 (“Regulatory Agreement”) in favor of the Governmental Entity, which was recorded as Recording No. 9712150461 of the Official Records, pursuant to which the Property was subjected to certain restrictions by Governmental Entity. C. As a condition to making the Loan, Lender requires that the lien of the Mortgage be superior to the lien of the Regulatory Agreement. Lender will not make the Loan unless Governmental Entity and Borrower agree to subordinate their rights and obligations under the Regulatory Agreement. E. Borrower and Governmental Entity hereby agree to subordinate the Regulatory Agreement on and subject to the terms, conditions and requirements set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: September 1, 2020 Agenda Packet, Page 124 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page 2 1. Recitals. The foregoing Recitals are hereby incorporated into this Agreement as agreements among the parties. 2. Subordination. The Governmental Entity hereby agrees that the Regulatory Agreement is and shall at all times continue to be, subordinate, subject and inferior to the rights of Lender under the Loan Documents and that the liens, rights (including approval and consent rights), , payment interests, priority interests, and security interests granted to Governmental Entity pursuant to or in connection with the Regulatory Agreement are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights (including approval and consent rights), payment, priority and security interests granted to Lender pursuant to the Loan Documents and the terms, covenants, conditions, operations and effects thereof. Notwithstanding the above, Governmental Entity may exercise the remedies of specific performance or injunctive relief at any time in the event of a default under or breach of the terms of the Regulatory Agreement. 3. Financing, Encumbrance and Approval. Governmental Entity hereby approves and acknowledges the financing evidenced by the Mortgage. Governmental Entity further agrees that any transfer of the Property in connection with foreclosure of the Mortgage or a deed in lieu thereof shall not require Governmental Entity’s consent but shall require notice to Governmental Entity. 4. Lender Notice of Default. In consideration of Governmental Entity’s agreements contained in this Agreement, Lender agrees that in the event of any default by Borrower under the Loan Documents, Governmental Entity shall be entitled to receive a copy of any notice of default given by Lender to Borrower under the Loan Documents. 5. Governmental Entity Notice of Default. Governmental Entity shall give Lender a concurrent copy of each material notice (including without limitation each notice of default) given by Governmental Entity under or with respect to the Regulatory Agreement, and agrees that Lender, at Lender’s sole election, shall have the right (but not the obligation) to cure any default by Borrower under the Regulatory Agreement on its and/or Borrower’s behalf. Governmental Entity hereby represents that, to the best of its knowledge, there is no current default under the Regulatory Agreement. 6. Governmental Entity's Rights. Except as set forth in Sections 2 and 7 of this Agreement, nothing in this Agreement is intended to abridge or adversely affect any right or obligation of Borrower and/or Governmental Entity, respectively, under the Regulatory Agreement; provided that, (A) the Regulatory Agreement may be released but it may not be modified, amended, changed or otherwise altered without the prior written consent of Lender so long as the Loan is secured by the Property and (B) for so long as the Loan is secured by the Property, notwithstanding the terms of the Regulatory Agreement to the contrary, neither Borrower nor Governmental Entity will, without Lender’s prior written consent, exercise or seek any right or remedy under the Regulatory Agreement or available at law or in equity which will or could result in (i) a transfer of possession of the Property or the control, operations or management thereof, (ii) the collection or possession of rents or revenues from or with respect to the Property by any party other than Borrower or Lender; (iii) appointment of a receiver for the Property; (iv) the application of insurance or condemnation proceeds other than as approved by Lender pursuant to the Loan Documents; (v) the removal or replacement of the existing property manager of the Property; or (vi) a material adverse effect on Lender’s security for the Loan. September 1, 2020 Agenda Packet, Page 125 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page 3 7. Foreclosure by Lender. In the event of foreclosure, deed in lieu of foreclosure, or similar disposition of the Property by Lender, consent shall be required from Governmental Entity. 8. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with regard to the subordination of the Regulatory Agreement to the lien or charge of the Loan Documents, and shall supersede and cancel any prior agreements with regard to this subject matter. 9. Binding Provisions. The covenants and agreements contained in this Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties to this Agreement. 10. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto or their respective successors in interest. 12. Notices. All notices required or permitted hereunder shall be deemed to have been received either (i) when delivered by hand and the party giving such notice has received a signed receipt thereof, or (ii) three (3) days following the date deposited in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed as follows (or addressed in such other manner as the party being notified shall have requested by written notice to the other party): If to Governmental Entity: _City of Bothell______________________ _______________________ _______________________ _Attention: Community Development Director ?______________________ With a copy to: ARCH – A Regional Coalition for Housing 16225 NE 87th St, Suite A-3 Redmond, WA 98011 Attention: Senior Planner If to Lender: ______________________ ______________________ ______________________ September 1, 2020 Agenda Packet, Page 126 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page 4 Attention: _____________ Deal ID No.:___________ Facsimile: _____________ With a copy to: ______________________ ______________________ ______________________ Attention: _____________ Deal ID No.:___________ Facsimile: _____________ With a copy to: ______________________ ______________________ ______________________ Attention: _____________ Deal ID No.:___________ Facsimile: _____________ With a copy to: ______________________ ______________________ ______________________ Attention: _____________ Deal ID No.:___________ Facsimile: _____________ If to Borrower: _______________________ _______________________ _______________________ _______________________ _______________________ With a copy to: _______________________ _______________________ _______________________ September 1, 2020 Agenda Packet, Page 127 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page 5 _______________________ 14. Further Instruments. Each of the parties hereto will, whenever and as often as they shall be requested to do so by the other, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further instruments and documents as may be reasonably necessary to carry out the intent and purpose of this Agreement, and to do any and all further acts reasonably necessary to carry out the intent and purpose of this Agreement. 15. Valid Authorization. Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. 16. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which when taken together constitute one and the same instrument, binding on all of the parties. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE REGULATORY AGREEMENT BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF THE MORTGAGE. September 1, 2020 Agenda Packet, Page 128 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page S-1 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year above written. GOVERNMENTAL ENTITY CITY OF BOTHELL, a political subdivision of the State of Washington By: (SEAL) Name: Title: STATE OF WASHINGTON ) COUNTY OF ) On this ____ day of _____, 2020, before me, a Notary Public in and for said County and State, personally appeared _________________, who acknowledged himself/herself to be the _______________ of CITY OF BOTHELL, a political subdivision of the State of Washington, which executed the foregoing Instrument, and acknowledged that he/she did sign the Instrument as such _______________ and that such signing is the free act and deed of said limited partnership, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [SEAL] Notary Public My commission expires: Notary Registration No.: September 1, 2020 Agenda Packet, Page 129 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page S-2 BORROWER: RIVERSIDE LANDING ASSOCIATES, A WASHINGTON LIMITED PARTNERSHIP, a Washington limited partnership By: (SEAL) Name: Title: STATE OF ) : ss.: COUNTY OF ) On this ____ day of, 2020, before me, a Notary Public in and for said County and State, personally appeared _________________, who acknowledged himself/herself to be the _______________ of RIVERSIDE LANDING ASSOCIATES, A WASHINGTON LIMITED PARTNERSHIP, a Washington limited partnership, which executed the foregoing Instrument, and acknowledged that he/she did sign the Instrument as such _______________ and that such signing is the free act and deed of said limited partnership, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [SEAL] Notary Public My commission expires: Notary Registration No.: September 1, 2020 Agenda Packet, Page 130 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page S-3 SENIOR LENDER: ORIX REAL ESTATE CAPITAL, LLC, a Delaware limited liability company By: (SEAL) Name: Title: STATE OF ) : ss.: COUNTY OF ) On this ____ day of _______, 2020, before me, a Notary Public in and for said County and State, personally appeared _________________, who acknowledged himself/herself to be the _______________ of ORIX REAL ESTATE CAPITAL, LLC, a Delaware limited liability company, which executed the foregoing Instrument, and acknowledged that he/she did sign the Instrument as such _______________ and that such signing is the free act and deed of said limited liability company, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [SEAL] Notary Public My commission expires: Notary Registration No.: September 1, 2020 Agenda Packet, Page 131 of 160 {01662852;1} Subordination Agreement (Governmental Entity) Riverside Landing Senior Apartments Page S-4 EXHIBIT A Legal Description September 1, 2020 Agenda Packet, Page 132 of 160 City Council Agenda Bill AB # 20-108 TO: Mayor Olsen and Members of the Bothell City Council FROM: Jennifer Phillips, City Manager DATE: September 1, 2020 SUBJECT: Direction regarding Use of Public Streets and Rights of Way in Downtown Bothell POLICY CONSIDERATION: The Council is asked to provide direction on whether to discontinue use of public streets and rights of way in Downtown Bothell as planned on September 8, 2020 or to extend the use of the closed streets and public rights of way weather permitting until October 26, 2020. BACKGROUND: The COVID-19 outbreak began in Washington in early March and by mid-March the Governor began issuing orders to reduce the spread of this highly contagious virus. As with so many other states in America and nations around the world, the impacts of stay at home orders have been difficult on both businesses and individuals. On June 2, 2020 the City Council provided direction to close Main Street between 101st Ave NE and 102nd Ave NE and allow use of the right of way at no cost to support downtown businesses. Two restaurants submitted permits and have utilized the street closure for additional outside dining. On June 9, 2020 the City Council provided direction to extend the waived fees and charges for Public Area Use Permits to all downtown businesses. The Council also discussed additional closures in the downtown at their meeting on June 25, 2020. Council directed staff to work with the businesses along 101st Ave NE and Main Street to identify solutions that would support businesses during this COVID-19 crisis. Staff was able to create a solution to close 101st Ave NE that still allowed for public safety access. The cost to install and rent the barricades for this closure is approximately $2,250 per month. One business submitted a permit to utilize the street closure for additional outside seating. DISCUSSION: The closures and waived fees were intended to end after Labor Day. This day was selected because normally the City experiences a significant increase in traffic when schools are back in session. With both UW Bothell and Cascadia College offering virtual classes this quarter and the Northshore School District also offering on-line classes, it is anticipated that traffic will remain low in the downtown. September 1, 2020 Agenda Packet, Page 133 of 160 City Council Agenda Bill AB # 20-108 The City has received very positive feedback from the three businesses permitted to use the closed streets. Positive feedback has also been received by establishment patrons and the community in general. The three businesses have expressed an interest in extending their use of the public street. Three additional downtown businesses have expressed interest in Public Area Use Permits to establish eating areas in public parking spaces. As a note, per the Governor’s Order, outdoor dining may have a canopy, but may not have any side “walls” or plastic curtains. The City has also received complaints from businesses that believe their businesses have been negatively impacted due to reduced access and parking. Other businesses in the downtown were disappointed or frustrated that additional street closures could not be implemented to accommodate their business needs. Staff continues to work with these businesses to find creative solutions. If the Council choses to extend the closure and continue waiving Public Area Use Permit Fees for these uses, it is important to know that CARES Acting funds, which are covering the expenses related to these closures, only cover costs incurred through October 31, 2020. If an extension beyond October 31st was desired, staff would need to work with the City Council to identify a funding source for the costs associated with the extension. FISCAL IMPACTS: Costs incurred through October 31, 2020 can be reimbursed with CARES Act funds. ATTACHMENTS: None RECOMMENDED ACTION: Provide direction to the City Manager regarding whether to continue use or discontinue use of public streets and rights of way in the downtown at no cost to businesses until October 26, 2020. September 1, 2020 Agenda Packet, Page 134 of 160 City Council Agenda Bill AB # 20-109 TO: Mayor Olsen and Members of the Bothell City Council FROM: Jennifer Phillips, City Manager Kellye Mazzoli, Assistant City Manager (Presenter) Jeanie Ashe, Economic Development Manager (Presenter) DATE: September 1, 2020 SUBJECT: Consideration of Allocating the Remaining $402,500 of State-Shared CARES Act Funding for COVID-19 Related Expenses and Community Assistance POLICY CONSIDERATION: This item asks the City Council to consider utilizing State CARES Act funds to reimburse the City for COVID-19 related expenses and to proportion an amount for community COVID-19 assistance. If approved, distribution of the allotted CARES Act funding has the potential to positively impact the Bothell community and economy by supporting the City’s response to COVID-19 and assisting in the community’s recovery from COVID-19. HISTORY: DATE ACTION MARCH 05, 2020 Mayor Olsen signed Declaration of Emergency MARCH 24, 2020 Governor Inslee issued “Stay Home, Stay Healthy” Order MARCH 27, 2020 Federal government signed the CARES Act into law MAY 20,2020 Bothell received Dept. of Commerce CARES Award Letter awarding the City $1.4 million for COVID related expenses JUNE 2, 2020 City Council allocated $1 million to City-related expenses ($500K) and Community Assistance ($500K) including Businesses and Residents In late February, news of COVID-19 (Coronavirus) began to ramp up locally with the first U.S. deaths occurring in this area. On March 2, 2020, the City of Bothell activated the City’s Emergency Coordination Center (ECC) to address communications and policy matters related to this event and to begin developing response plans in preparation for any potential escalation. On March 5, 2020, Mayor Olsen signed an Emergency Declaration based on the COVID-19 outbreak. September 1, 2020 Agenda Packet, Page 135 of 160 City Council Agenda Bill AB # 20-109 Shortly thereafter, the Governor and King County Executive announced that they would impose restrictions on large events and gatherings, closing schools statewide and closing restaurants, bars, and other non-essential businesses. The Governor officially issued the “Stay Home, Stay Health” proclamation, ordering residents to stay at home beginning March 24, 2020. The original two-week order was extended twice and is currently in effect until May 31, 2020. As Washington nears the end of the order, the Governor released a “Safe Start” approach to resume recreational, social, and business activities, with progression based upon monitoring the impacts of reopening in each phase before proceeding with the next phase. The state is currently in Phase 1 with some counties, not including King or Snohomish, authorized to move into Phase 2 (see Att-1 for full plan). On March 27, 2020, the Federal government signed into law the “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” to begin addressing the economic fallout from the coronavirus pandemic. At $2 trillion, this Act is the largest economic stimulus package ever enacted by the US Government. It provided loans and loan guarantees to small businesses and allocated $150 billion in direct aid to states and local governments with populations over 500,000 to address COVID-19 expenses. The City of Bothell did not qualify for direct funding from the CARES Act, but of the $150 billion shared with states and local governments across the US, the state of Washington received $2.16 billion. For those cities and counties not eligible to receive direct funding, the State shared a portion of their allocation using a population-based formula set at $30 per capita. On May 20, 2020 Bothell was awarded and authorized to apply for reimbursement of up to $1.4 million of qualifying COVID-19 response-related expenses. On June 2, 2020, the Bothell City Council allocated a portion of the award toward city-related expenses to the COVID-19 response (up to $500,000), community assistance (up to $500,000) including both businesses and residents, and agreed to allocate the remaining $400,000 at a later date. DISCUSSION: To date, the City Council has allocated $1 million of the $1.4 million state-shared CARES Act funding. The City is currently preparing to submit for the first reimbursement of costs related to our direct and immediate response to the COVID-19 emergency, anticipated to occur August 31, 2020. In addition to this, the Economic Development division has earmarked $300,000 in business relief grants and the Northshore Senior Center has been contracted to distribute September 1, 2020 Agenda Packet, Page 136 of 160 City Council Agenda Bill AB # 20-109 $130,500 in communitywide assistance. There is an additional portion of funds, $27,500, which is being granted to upgrades that will expand the community food pantry currently located in the lobby of the Northshore Senior Center. They been serving all of Bothell’s residents and families with food assistance since the start of the COVID-19 outbreak. At this time, Council is being asked to consider allocating the remaining $402,500 of the awarded $1.4 million in State-shared CARES Act funding. It is recommended that City Council consider distributing the remaining funds to the following categories: • An additional $90,000 to Community response/ business assistance to total $390,000 in assistance • An additional $200,500 to Community response/ resident assistance programs to total $384,000 in assistance • Remaining $112,000 to city-related response expenses or additional community response assistance Making the allocation in this manner allows the City to fund all qualifying Business Assistance Grant applicants and to include more funding for those Bothell residents who are in need. The City anticipates additional city-related expenses to be incurred through October 31, 2020, the deadline to spend the funds, and this additional allocation will help offset those costs. If some portion of the city expenses allocation cannot be used for that purpose, staff requests the ability to reallocate the balance of funds for quick distribution to Bothell businesses and residents through the already established community response programs. FISCAL IMPACTS: These revenues and associated COVID-19 expenditures are not included in the Adopted 2019-2020 Budget. Depending upon the direction given by Council, this funding may allow the City to recover qualified expenditure related to COVID-19 response and recovery, as well as provide for additional community assistance for Bothell residents and businesses. A budget amendment will be required to implement this item, staff will bring a budget amendment forward for City Council consideration after the City Council provides direction on this matter, but before the end of the calendar year. ATTACHMENTS: Att-1. Safe Start Washington Plan – Governor Inslee Att-2. Relief Funds Program Guidelines – Department of Commerce September 1, 2020 Agenda Packet, Page 137 of 160 City Council Agenda Bill AB # 20-109 RECOMMENDED ACTION: Direct staff to proportion the remaining $402,500 of state-shared CARES Act funds allocating an additional $90,000 for Business Assistance, an additional $200,500 for Resident Assistance, and the remaining $112,000 to City cost recovery or Community Response. September 1, 2020 Agenda Packet, Page 138 of 160 Safe Start Washington A Phased Approach to Recovery ISSUED BY THE OFFICE OF THE GOVERNOR | MAY 4, 2020 Att-1 September 1, 2020 Agenda Packet, Page 139 of 160 1 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY Safe Start Washington Governor Jay Inslee Governor Jay Inslee, in collaboration with the Washington State Department of Health, has established a data-driven approach to reopen Washington and modify physical distancing measures while minimizing the health impacts of COVID-19. This approach reduces the risk of COVID-19 to Washington’s most vulnerable populations and preserves capacity in our health care system, while safely opening up businesses and resuming gatherings, travel, shopping, and recreation. The plan involves assessing COVID-19 activity in the state along with health care system readiness, testing capacity and availability, case and contact investigations, and ability to protect high-risk populations. LOW RISK HIGH RISK COVID-19 Disease Activity COVID-19 DISEASE ACTIVITY Before reopening Washington and modifying physical distancing measures, COVID-19 disease burden must be low and decreasing as measured by: • Number and trend of COVID-19 cases, hospitalizations and deaths in Washington State • Modeling data, including Institute for Disease Modeling on Puget Sound area rates of COVID-19 spread, University of Washington Institute for Health Metrics and Evaluation modeling, and Youyang Gu modeling • Mobility trends in Washington State, including WSDOT traffic data and Google Mobility Data READINESS AND CAPABILITIES NEEDED The Department of Health and local public health officials will monitor data to assess our state’s readiness for safely reopening and modifying physical distancing measures. In addition to a low and decreasing disease burden, readiness must be achieved in four key areas to proceed from where we are now in the “Stay Home, Stay Healthy” order (Phase I) to Phase II, III and IV of the plan. The four key areas include healthcare system readiness, testing capacity and availability, case and contact investigations, and ability to protect high-risk populations. The overall goals for each area, along with the pertinent data that will be considered, are detailed below. September 1, 2020 Agenda Packet, Page 140 of 160 2 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY 1. Health Care System Readiness Adequate bed capacity, staffing and supplies in the health care system to handle a surge in COVID-19 cases, measured by: • Number and percentage of licensed beds and ICU beds available in hospitals • Number of available ventilators • Days of personal protective equipment (PPE) supply available at hospitals, long-term care facilities, and other health care settings • Ability of the state to fill high priority PPE requests from local emergency management agencies • Ability of hospitals and other health care facilities to surge and coordinate movement of patients 2. Testing Capacity and Availability Ability for everyone with COVID-19 symptoms and those with high-risk exposures to be tested immediately using a polymerase chain reaction (PCR) test and rapidly receive test results as measured by: • Geographic distribution of testing sites and ability to serve the entire population • Number and capacity of laboratories in Washington performing COVID-19 testing • Availability of sufficient swabs, viral transport media, lab reagents, and other materials required for COVID-19 testing • Number of tests performed per day 3. Case and Contact Investigations Ability to rapidly isolate those with COVID-19, identify and quarantine their contacts, and provide case management services as measured by: • Number of investigators trained and working • Plans for case management • Availability of isolation and quarantine facilities in local jurisdictions • Percent of cases investigated within 24 hours of receipt of positive test report • Percent of contact investigations initiated within 48 hours of receipt of positive test report LOW RISK HIGH RISK Health Care System Readiness LOW RISK HIGH RISK Testing Capacity and Availability LOW RISK HIGH RISK Case and Contact Investigations September 1, 2020 Agenda Packet, Page 141 of 160 3 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY 4. Ability to Protect High-Risk Populations Ability to immediately respond to outbreaks in congregate settings, such as long-term care facilities, behavioral health facilities, agricultural worker housing, homeless shelters and correctional facilities, and address the needs of other high-risk populations, including the elderly and the medically frail, measured by: • Number of outbreaks in long-term care facilities • Demographic data, including race/ethnicity data, on COVID-19 cases, hospitalizations and deaths • Ability of local or state strike teams with adequate PPE to respond to an outbreak within 24 hours ALL INDIVIDUALS AND BUSINESSES Until there is an effective vaccine, effective treatment or herd immunity, it is crucial to maintain some level of community interventions to suppress the spread of COVID-19 throughout all phases of recovery. This includes heightened protections for the health and safety of workers in essential sectors, people living and working in high-risk facilities (e.g., senior care facilities) and all other workers. All Washingtonians have a responsibility to protect themselves and others. Each phase, while allowing for additional services to open and return to full capacity, is grounded in the following required basic practices: Guidance for Individuals All phases – Individuals should continue to: • Engage in physical distancing, staying at least six feet away from other people • Wear cloth face coverings in public places when not eating or drinking (cloth face coverings should not be placed on children younger than 2 years of age, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cover without assistance) • Stay home if sick • Avoid others who are sick • Wash hands frequently with soap and water (use hand sanitizer if soap and water are not available) • Cover coughs and sneezes • Avoid touching eyes, nose and mouth with unwashed hands • Disinfect surfaces and objects regularly LOW RISK HIGH RISK Risk to Vulnerable Populations September 1, 2020 Agenda Packet, Page 142 of 160 4 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY Requirements for All Employers All phases – Employers are required to: • Maintain the six-foot physical distancing requirements for employees and patrons. Adopt other prevention measures such as barriers to block sneezes and coughs when physical distancing is not possible for a particular job task. • Provide services while limiting close interactions with patrons. • Provide adequate sanitation and personal hygiene for workers, vendors and patrons. Ensure employees have access to hand washing facilities so they can wash their hands frequently with soap and running water. • Ensure frequent cleaning and disinfection of the business, particularly of high-touch surfaces. • Identify personal protective equipment (PPE) and cloth facial coverings in accordance with L&I requirements on facial coverings and industry specific COVID-19 standards. Provide the necessary PPE and supplies to employees. • Identify strategies for addressing ill employees, which should include requiring COVID-19 positive employees to stay at home while infectious, and potentially restricting employees who were directly exposed to the COVID-19 positive employee. Follow CDC cleaning guidelines to deep clean after reports of an employee with suspected or confirmed COVID-19 illness. This may involve the closure of the business until the location can be properly disinfected. • Educate employees about COVID-19 in a language they best understand. The education should include the signs, symptoms and risk factors associated with COVID-19 and how to prevent its spread. • On a case-by-case basis, as directed by federal, state and local public health and workplace safety officials, implement other practices appropriate for specific types of businesses, such as screening of employees for illness and exposures upon work entry, requiring non-cash transactions, etc. • Follow requirements in Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights. • Keep a safe and healthy facility in accordance with state and federal law, and comply with COVID-19 worksite-specific safety practices, as outlined in Governor Inslee’s “Stay Home, Stay Healthy” Proclamation 20-25, and in accordance with the Washington State Department of Labor & Industries General Coronavirus Prevention Under Stay Home, Stay Healthy Order and the Washington State Department of Health Workplace and Employer Resources & Recommendations. • Challenge Seattle and the Washington Roundtable have developed a business checklist which is a great starting point for businesses as they prepare for a Safe Start. Our shared goal is to establish clear requirements that everyone can understand and apply — employers, workers and customers. Businesses are also expected to implement any additional requirements developed specifically for their industry, such as those that have been established for construction. September 1, 2020 Agenda Packet, Page 143 of 160 5 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY PHASED APPROACH TO REOPENING WASHINGTON AND MODIFYING PHYSICAL DISTANCING MEASURES Phase I of reopening Washington begins on May 5, 2020. When COVID-19 disease burden is low and decreasing and the four above capabilities are met, the Governor will issue an order for the state to move into future phases. The state will stay in every phase for a minimum of three weeks. During that time, the Department of Health and the Governor will re-evaluate the above indicators and determine if the state should remain in the current phase, advance to the next phase or return to the previous phase. No phase will last less than three weeks before moving to the next phase, in order to allow one complete disease incubation period plus an additional week to compile complete data and confirm trends. The following table shows the phased approach for reopening businesses and resuming activities not authorized under Proclamation 20-25. This phased approach may be adjusted as the pandemic evolves. The industries listed are not an exclusive or exhaustive list of industries. Businesses listed in each phase of the plan will have industry-specific guidance and safety criteria developed to ensure workplace safety and public health are maintained. Those business activities are not authorized to open until the industry-specific guidance and safety criteria are issued. A number of different factors were considered when deciding which activities could be resumed and which businesses could be reopened in various phases. These factors included: • Risk of disease spread during the individual or business activity • Number of people who could potentially be infected during the individual or business activity • Economic benefits to opening the business • Individual benefits to opening the business Additional plans for a phased approach to restarting health care and educational activities are under development. Families are adjusting to a new way of life, and we understand the impacts this is having on them. The connection between education, childcare, youth sports, summer programs and extracurricular activities is critical and must be viewed from a holistic lens to ensure equity and high quality of life. As we prepare for what the reopening of school looks like, we will be working closely with the Department of Health, Office of the Superintendent for Public Instruction, Department of Children, Youth and Families, and parents to release plans in the future. While childcare is currently an essential business activity and a key component to the reopening plan, we know there is more to do. The state will continue efforts to ensure adequate access and affordability for families. September 1, 2020 Agenda Packet, Page 144 of 160 6 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY * High-risk populations are currently dened by CDC as: persons 65 years of age and older; people of all ages with underlying medical conditions (particularly not well controlled), including people with chronic lung disease or moderate to severe asthma, people who have serious heart conditions, people who are immunocompromised, people with severe obesity, people with diabetes, people with chronic kidney disease undergoing dialysis, and people with liver disease; people who live in a nursing home or long-term care facility. Phase 1 Phase 2 Phase 3 Phase 4 WASHINGTON’S PHASED APPROACH Modifying Physical Distancing Measures as we Reopen the State High-RiskPopulations* Recreation Travel Business/Employers Gatherings (social, spiritual) Continue to Stay Home, Stay Healthy Some outdoor recreation (hunting, shing, golf, boating, hiking) - None- Drive-in spiritual service with one household per vehicle Essential travel and limited non-essential travel for Phase I permissible activities Essential travel and limited non-essential travel for Phase I & II permissible activities Resume non-essential travel Continue non-essential travel Gather with no more than 5 people outside your household per week Allow gatherings with no more than50 people Allow gatherings with >50 people Outdoor recreation involving 5 or fewer people outside your household (camping, beaches, etc.) - Outdoor group rec. sports activities (50 or fewer people)- Recreational facilities at <50% capacity (gyms, public pools, etc.)- Professional sports without audience participation (horseracing, baseball, etc.)Resume all recreational activity Continue to Stay Home, Stay Healthy Continue to Stay Home, Stay Healthy Resume public interactions, with physical distancing - Remaining manufacturing- Additional construction phases- In-home/domestic services (nannies, housecleaning, etc.)- Retail (in-store purchases allowed with restrictions)- Real estate- Professional services/oce-based businesses (telework remains strongly encouraged)- Hair and nail salons/barbers- Pet grooming- Restaurants/taverns <50% capacity table size no larger than 5 (no bar-area seating) - Restaurants/taverns <75% capacity/ table size no larger than 10- Bar areas in restaurant/taverns at <25% capacity- Movie theaters at <50% capacity- Customer-facing government services (telework remains strongly encouraged)- Libraries- Museums - All other business activities not yet listed except for nightclubs and events with greater than 50 people - Essential businesses open - Existing construction that meets agreed upon criteria- Landscaping- Auto/RV/boat/ORV sales- Retail (curb-side pick-up orders only)- Car washes- Pet walkers - Nightclubs- Concert venues- Large sporting events- Resume unrestricted stang of worksites, but continue to practice physical distancing and good hygiene 2 3 41 INDIVIDUALS AND BUSINESSES SHOULD FOLLOW ALL REQUIREMENTS LISTED ABOVE DURING ALL PHASES September 1, 2020 Agenda Packet, Page 145 of 160 7 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY COUNTY VARIANCE REQUESTS The Department of Health recognizes that there are currently some small counties with a population of less than 75,000 that have not identified a resident with COVID-19 for the past three weeks. These counties have the opportunity to apply for a variance to move to Phase II of this plan before the rest of the state. To apply for a variance, the local jurisdiction must follow the below process and submit the following materials to the Department of Health. County variance applications will be approved or denied by the Secretary of Health. 1. The process must adhere to the following steps: a. The local public health officer must submit a signed recommendation to the local board of health with one of the following recommendations: not request a variance and stay in Phase I, request a variance to include all of the Phase II modifications above, or request a variance to include a subset of Phase II modifications. b. The local board of health, if they choose to move forward with a variance request, must vote on such a request. c. The local hospital(s) must submit a letter certifying that they have adequate bed capacity to serve their community and adequate PPE supplies to keep their workers safe. d. The county commission/council must request to move to Phase II (or a subset of Phase II) of the plan. 2. The county commissioner must submit a letter requesting a variance, the letter from the local hospital certifying they have adequate bed capacity to serve their community and adequate PPE supplies to keep their workers safe, and a document that includes the following information to the Department of Health: a. Plans to make COVID-19 testing available and accessible to everyone in the county with symptoms consistent with COVID-19. b. The number of tests performed by week over the past three weeks. c. The number of people trained and ready to perform case investigations and contact tracing. d. Plans to house people in isolation or quarantine who do not have a home or wish to isolate or quarantine themselves outside of their home. e. Plans to provide case management services to cases and contacts in isolation and quarantine. f. Plans to rapidly respond to outbreaks in congregate settings. September 1, 2020 Agenda Packet, Page 146 of 160 8 SAFE START WASHINGTON: A PHASED APPROACH TO RECOVERY 3. Included with this application are documents demonstrating approvals and endorsements for all of the following: a. The local public health officers’ recommendation to the Board of Health. b. Documentation of the vote of the Board of Health, including the motion and the vote totals. c. Letters from all hospitals used by the county certifying their bed capacity for COVID-19 patients and PPE supplies. d. Documentation of the vote of the county commission, including the vote totals. In the next two weeks, the Department of Health and Governor Inslee will consider additional criteria which could include cases per capita for allowing other counties to apply for a variance. Local jurisdictions will be allowed to partially implement a phase. September 1, 2020 Agenda Packet, Page 147 of 160 (This page intentionally left blank) September 1, 2020 Agenda Packet, Page 148 of 160 (Dated 5-18-2020) Coronavirus Relief Funds for Local Governments Program Guidelines CARES Act Funds for Local Governments In Washington State Administered by the Department of Commerce Local Government Division P.O. Box 42525 Olympia, WA 98504-2525 Att-2 September 1, 2020 Agenda Packet, Page 149 of 160 Contact Information Mailing / Street Address: Washington State Department of Commerce Local Government Division PO Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 Program Leadership: Tony Hanson Deputy Assistant Director Community Capital Facilities Unit 360-725-3005 Tony.Hanson@commerce.wa.gov Tina Hochwender Managing Director Community Assistance and Research Unit 360-725-3087 Tina.Hochwender@commerce.wa.gov Commerce Leadership: Lisa Brown, Ph.D. Director Mark Barkley Assistant Director Local Government Division This publication is available in an alternative format upon request. Events sponsored by Commerce are accessible to persons with disabilities. Accommodations may be arranged with a minimum of 10 working days’ notice by calling 360-725-3087 September 1, 2020 Agenda Packet, Page 150 of 160 Coronavirus Relief Funds (CRF) for Local Governments Program Guidelines TABLE OF CONTENTS General Information .................................................................... 1 1. Source of Funds .............................................................. 1 2. Allocation Formula .......................................................... 1 3. Period of Performance .................................................... 1 4. Intended Use ................................................................... 1 5. Eligible Costs .................................................................. 2 6. Ineligible Costs ............................................................... 4 7. Eligible Cost Test ............................................................ 4 8. Cost Reimbursements ..................................................... 5 Process & Procedure to Obtain Funds ....................................... 7 1. Award Letter .................................................................... 7 2. Working Papers .............................................................. 7 3. Contract .......................................................................... 7 4. Reimbursement Requests ............................................... 8 5. A-19 Certification and Activity Report .............................. 8 September 1, 2020 Agenda Packet, Page 151 of 160 1 General Information 1. Source of Funds You have been awarded funds through the state’s Coronavirus Relief Funds (CRF). The funds are available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by the U.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management (OFM). On April 27, 2020 Governor Inslee announced the award of nearly $300 million to local governments in CRF from the state's allocation of the CARES Act funding. 2. Allocation Formula OFM developed the allocation methodology and determined the jurisdiction amounts. The allocations were based on 2019 population estimates for each jurisdiction. Funds will be provided to cities and counties with populations under 500,000 that were ineligible to receive direct funding under the CARES Act. Each county will receive a minimum distribution of $250,000 and each city will receive a minimum distribution of $25,000. Cities and counties with populations over 500,000 did not receive a direct allocation from the state. Instead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, King Co., Pierce Co., Snohomish Co., etc.). For a complete list of cities and counties and their allocations, click here. 3. Period of Performance The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. The US Treasury’s Guidance provides an end date of December 30, 2020. This is the end date in which the state must have reimbursed all “recipients of the funds” (grantees) their costs incurred in response to the COVID-19 emergency. In order to allow time for Commerce to process final payments and conduct contract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures are only being accepted on costs incurred through October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. 4. Intended Use Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND 2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government. The “most recently September 1, 2020 Agenda Packet, Page 152 of 160 2 approved” budget refers to the enacted budget for the relevant fiscal period for the particular government. A cost meets this requirement if: a) The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR b) The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. 3. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The use of these funds are very broad and flexible, and can be used for both operating and capital expenditures. If funds are being used for capital expenditures such as acquisition of real property or construction / renovation costs, please contact us immediately. We will provide you with further information and guidance. Utilizing CRF for these purposes will require additional Federal and state provisions being applied to the project such as:  All projects must be reviewed under a Federal Section 106 review for archaeological and cultural resources if the project: acquires property, disturbs ground, and/or involves structures more than 50 years old. Grantees must submit documentation to the project manager when the review is complete. Section 106 supersedes the Governor’s Executive Order 05-05 review.  Construction / renovation projects may be required to meet high-performance building standards and document they have entered the state’s LEED certification process.  Construction / renovation projects will be required to follow Federal Davis Bacon and state prevailing wage laws, rules, and regulations. Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limited timeframe of March 1, 2020 thru October 31, 2020. 5. Eligible costs There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub- categories are as follows: 1. Medical expenses such as:  COVID-19-related expenses of public hospitals, clinics, and similar facilities.  Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs.  Costs of providing COVID-19 testing, including serological testing.  Emergency medical response expenses, including emergency medical transportation, related to COVID-19. September 1, 2020 Agenda Packet, Page 153 of 160 3  Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as:  Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19.  Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency.  Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.  Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.  Expenses for public safety measures undertaken in response to COVID-19.  Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:  Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions.  Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions.  Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.  Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.  COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.  Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:  Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.  Expenditures related to a state, territorial, local, or Tribal government payroll support program.  Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. September 1, 2020 Agenda Packet, Page 154 of 160 4 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. 6. Ineligible costs Non-allowable expenditures include, but are not limited to: 1. Expenses for the state share of Medicaid. 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 7. Eligible cost test Grantees are charged with determining whether or not an expense is eligible based on the US Treasury’s Guidance and as provided in the grantee’s contract scope of work with Commerce. To assist grantees with this determination, Commerce has developed an eligibility cost test. This test gives each grantee full authority to make the appropriate call for each circumstance. TEST – If all responses for the particular incurred cost are “true” for all five statements below, then a jurisdiction can feel confident the cost is eligible: 1. The expense is connected to the COVID-19 emergency. 2. The expense is “necessary”. 3. The expense is not filling a short fall in government revenues. 4. The expense is not funded thru another budget line item, allotment or allocation, as of March 27, 2020. 5. The expense wouldn’t exist without COVID-19 OR would be for a “substantially different” purpose. It is the responsibility of each grantee to define “necessary” or “substantially different”, giving the grantee the authority and flexibility to make their own determination. Additional consideration – The intent of these funds is to help jurisdictions cover the immediate impacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities. There are many possible eligible costs. Many costs are clearly eligible and others are in more of a grey area. One could probably justify some of the “grey area” costs based on the test, but are they directly addressing the immediate impacts? Possibly not. In these situations it may be safer and more appropriate to utilize the funds in one of the many other eligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the full authority to make the final call based on their circumstances and justification. September 1, 2020 Agenda Packet, Page 155 of 160 5 8. Cost reimbursement Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances. If funds are being used for the acquisition of real property or construction / renovation costs, please contact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may only reimburse grantees for eligible costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. Final Date of Reimbursements In order to ensure all awardees and their costs incurred in response to the COVID-19 emergency are paid out by December 30, 2020 per the US Treasury’s Guidance, expenditures are only being accepted on costs incurred through October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will have the discretion and flexibility to determine where these funds may best serve their communities. Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes, expenditures must be tracked at the sub-category level for the six (6) primary eligible cost categories, as follows: 1. Medical Expenses A. Public hospitals, clinics, and similar facilities B. Temporary public medical facilities & increased capacity C. COVID-19 testing, including serological testing D. Emergency medical response expenses E. Telemedicine capabilities F. Other 2. Public Health Expenses A. Communication and enforcement of public health measures B. Medical and protective supplies, including sanitation and PPE C. Disinfecting public areas and other facilities D. Technical assistance on COVID-19 threat mitigation E. Public safety measures undertaken F. Quarantining individuals G. Other 3. Payroll expenses for public employees dedicated to COVID-19 A. Public Safety B. Public Health C. Health Care D. Human Services E. Economic Development F. Other 4. Expenses to facilitate compliance with COVID-19 measures A. Food access and delivery to residents B. Distance learning tied to school closings C. Telework capabilities of public employees September 1, 2020 Agenda Packet, Page 156 of 160 6 D. Paid sick and paid family and medical leave to public employees E. COVID-19-related expenses in county jails F. Care and mitigation services for homeless populations G. Other 5. Economic Supports A. Small Business Grants for business interruptions B. Payroll Support Programs C. Other 6. Other COVID-19 Expenses No receipts or proof of payment for costs incurred will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws. Monitoring visits may be scheduled. September 1, 2020 Agenda Packet, Page 157 of 160 7 Process and Procedure to Obtain Funds 1. Award Letter Commerce strives to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established by the US Treasury and state’s Legislature, OFM, Commerce, and the Office of the Attorney General. Prior to receiving funds, a contract will need to be executed with Commerce. Award letters with instructions to initiate the contracting process will be emailed to each city and county receiving an allocation by no later than May 22nd. Emails to cities will be sent to mayors and any other contacts obtained with the assistance of the Association of Washington Cities. Emails to counties will be sent to the county commissioners and any other contacts obtained with the assistance of the Washington State Association of Counties. Included with the award letter will be:  CRF Program Guidelines  A draft contract template for review and to initiate the public process for authorization to execute once the final contract is available for execution  Working Papers 2. Working papers Your grant award packet includes Working Papers. The Working Papers ask for basic information needed to create a contract:  Contact information for the person who will administer the grant once the contract is signed. Grant documents and correspondence will be sent to this person.  Your Statewide Vendor Number (SWV#)  Your Federal Indirect Rate  Your fiscal year end date  Name and title for the person authorized by the jurisdiction to sign the contract Please complete and return the Working Papers to the Commerce project manager identified in the award letter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your project manager will manage your contract until project completion. Feel free to give us a call if you have any questions as you fill out the form (see contact information on previous page). 3. Contract Once the completed Working Papers have been received by the Commerce project manager identified in the award letter, a contract will be prepared and sent to you for signature. Have the authorized representative sign the contract and then return a scanned pdf copy to your project manager. Then the project manager will route the contract for Commerce’s signature. It generally takes two to four weeks to fully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdf copy emailed to the jurisdiction and you will have access to your funds. Commerce is working to make the contracting process as quick and easy as possible. September 1, 2020 Agenda Packet, Page 158 of 160 8 4. Reimbursements This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contract is executed. All grantees are required to set up a SWV number so funds may be sent electronically. Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month as long as you have incurred documented eligible costs in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. Commerce has moved to electronic vouchering through their Contracts Management System (CMS) Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System by an individual authorized by the Grantee’s organization. Online electronic vouchering provides for grantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A- 19 portal, may request an A-19 form from their Commerce project manager. Access to CMS is available through the Secure Access Washington (SAW) portal. You will need to create a SAW account if you do not already have one. Please find detailed instructions here: Office of Financial Management. It may take up to three weeks after you submit this information for an electronic transfer account to be set up. We will automatically receive your SWV number from the office that sets them up. Once logged into SAW, add the Department of Commerce to your ‘services’ and submit an Online A-19 External User Request form. Then Commerce will add you as a new external user in CMS; and the CMS system will generate and email a registration code to you to complete the CMS registration. For additional grantee support, refer to the Commerce Online A-19 Webpage for External Users, which includes SAW resources and the CMS manual for external users. The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budget category and the total reportable eligible expenses in response to the COVID-19 public health emergency. Accompanying with each voucher must be an executed A-19 certification and A-19 activity report. Incomplete or improperly prepared submissions may result in payment delays. After receipt and acceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursements within 7-10 days. No receipts or proof of payment for costs incurred will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws; and are responsible for maintaining clear and accurate program records, and making them accessible to Commerce and the State Auditor. Monitoring visits may be scheduled. 5. A-19 Certification and Activity Report In order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include: 1. A completed A-19 Certification:  An individual authorized to execute on behalf of the local government must certify by signing this document under penalty of perjury that the items and costs listed herein and on the accompanying Commerce A-19 Voucher are eligible charges for necessary expenditures incurred due to the COVID-19 public health emergency that were not previously accounted for in the most recent approved budget as of March 27, 2020, September 1, 2020 Agenda Packet, Page 159 of 160 9 and that the funds were used in accordance with section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). 2. A completed A-19 Activity Report (instructions included in document ):  Must be submitted as an Excel spreadsheet, not a PDF.  Include a detailed breakdown of the individual eligible expenditures reported by each sub-category of the six (6) primary budget categories. Each primary budget category includes sub-categories and provides an option to add “other” sub-categories.  Include the total amount of all previous reimbursement requests for each applicable sub-category.  Include the total amount of funds being requested in the current reimbursement request for each applicable sub-category.  Include a brief description of the use of the funds being requested for each applicable sub-category. Keep descriptions as concise as possible, but include adequate context to demonstrate how these funds addressed the COVID-19 emergency. If applicable, please consider: o Providing a brief description of the specific activities performed. o Identifying specific populations served. o Identifying specific programs created or utilized. o Including any known or intended outcomes, results, or community impacts. A certification and activity report must be completed and returned with each reimbursement voucher. After the contract is executed, you will receive additional instructions on how to submit electronic reimbursement requests with the A-19 certification and A-19 activity report. September 1, 2020 Agenda Packet, Page 160 of 160 September 1, 2020 Supporting & Fostering Healthy, Thriving Communities City of Bothell Presentation Ragina Gray, Environmental Health Director Snohomish Health District COVID-19RESPONSE Snohomish Health District 3 Novel Coronavirus (COVID-19) •Situation continues to evolve, with guidance and information shifting accordingly. •Encourage following www.snohd.org/ncov2019 and social medial channels (Facebook, Twitter and Instagram) for latest information. Snohomish Health District 4 COVID-19 Cases As of August 4, 2020 Snohomish Health District 5 Rolling 2-week Case Rate As of August 3, 2020 Snohomish Health District 6 Snapshot & Weekly Reports Snohomish Health District 7 Key Priorities Testing capacity Case investigations & contact tracing Long-term care facilities, first responders, schools, child cares and employer notifications PPE availability and healthcare capacity Mid-and long-range planning Ongoing communications Translated materials & expanding outreach In OurCOMMUNITIES Snohomish Health District 9 Day -to-Day Work Continues 4,500+ Inspections on restaurants, grocery stores, espresso stands, caterers and mobile food vehicles 1,000+ Complaints addressed (food, pools, septic and solid waste) ~500 Permits for pools and spas that we routinely inspect 200+ Public and private schools with kitchen permits and required safety inspections Resources for Local Businesses Snohomish Health District 10 Outreach While Social Distancing Working to develop more curriculum and toolkits that schools, child cares and community groups can use remotely Exploring ways to engage with the community on important health topics & needs virtually Snohomish Health District 11 MovingFORWARD Continuing Essential Work Issuing birth and death certificates Tracking and responding to other communicable diseases like tuberculosis, whooping cough & STDs. Supporting children’s health needs Inspecting food establishments, pools & spas, etc. Reviewing permit applications Providing refugee health screenings Responding to complaints and violations Snohomish Health District 13 Implementing Our Strategic Plan Snohomish Health District 14 Spearhead efforts to protect, promote and advance the collective health of our community. Mission Goals •Reduce the rate of communicable disease and other notifiable conditions •Prevent or reduce chronic diseases and injuries •Provide high-quality environmental health services •Improve maternal, child, and family health outcomes •Provide legally required vital records •Address ongoing, critical public health issues •Support increased access to medical, oral, and mental health care •Build a more sustainable organization Monitoring Budgets & Projections Snohomish Health District 15 •2020 budget was balanced, with $16.75 million in revenues/expenditures. •Current budget includes 113 full-time equivalent positions. Budget Projection, 2021-2026 Per Capita Contributions •Naloxone purchase & coordination for cities •Support general fund activities not covered by other funding: o Data & Reports o Community Health Assessment & Improvement Plans o Healthy Communities •Suicide Prevention •Safe Routes to School/Complete Streets •Healthy Housing •Health Fairs & Community Events o Child Care Health Outreach Snohomish Health District 16 Public Health Foundation •Working over the last year to research feasibility & models •Ad hoc committee met since April to provide recommendations to Board of Health. •Anticipate forming and recruiting foundation board members this fall. Snohomish Health District 17 Purpose: To provide support for priorities identified in community health assessments, community health improvement plans, and/or emerging public health issues in Snohomish County. Snohomish Health District 18 Stay in touch Blog & Newsletters Social Media Sign up for our blog, newsletters, alerts and more at www.snohd.org/NotifyMe Follow us on Facebook, Twitter, YouTube, and Instagram 19 contact information For more info, please contact: Shawn Frederick, MBA Administrative Officer 425.339.8687 SFrederick@snohd.org Ragina Gray Environmental Health Director 425.339.8769 RGray@snohd.org Thank you Page 1 of 1 Public Comments received for the September 1, 2020 Virtual Council Meeting: Visitor Comment – Written: 1. Kevin Kiernan – submitted written comments regarding the closure of Main Street, which were forwarded to Council 2. Joanne Harkonen – submitted written comments regarding the closure of Main Street, which were forwarded to Council 3. Eric Schaffer - submitted written comments regarding the closure of Main Street, which were forwarded to Council Visitor Comment – Verbal/Live: 4. Leigh Henderson – has requested to speak live & submitted multiple documents which were shared with Council Letter from Leigh: Bothell City Council, It is with heartfelt gratitude that I write this letter. Representing only one restaurant on the block of Main St that was closed to traffic for the summer, I have heard over and over again from our community how grateful they are for the outside dining. They love feeling the vibe of community while sitting in their socially distanced seats, watching life in motion. From bikes, to babies, to workout groups to other eating establishments…they are feeling life as normal. Having great conversations, sharing feelings and experiences over and over again. We are all craving something in our day that feels calm, safe and fun. Myself and George from the Bine, made it one of our missions ,besides (PAS)…pivot, adapt and survive….to put petitions out all summer long to get the pulse of the community's voice on the subject of keeping our new “Town Center” permanently closed to traffic. We both have been blessed by the overwhelming support of this idea from our guests. We present to you almost 2000 signatures in support! This is not a new concept as Town Centers are a part of many major cities in Europe as well as the US. In northern California it is rare to find a smaller urban town without a town center. Since all of the new apartments have been built in the downtown area, it seems timely to give our city its own defining Town Center. I know that I have wanted it for almost 25 years. Please consider this as I know that I can speak for all 5 restaurants that will be affected if the decision is to open it back up to traffic….It will kill our businesses. We cannot keep the doors open with the mandates from the State. We need your help. Thank you for your consideration   Leigh Henderson,Owner  Alexa's Cafe & Catering  www.alexascafe.com  425 770 2774   PS. I HAVE 560 MORE SIGNATURES ON A PETITION THAT DID NOT SCAN AS  THE GUESTS SIGNED THEM IN BLUE INK. I WILL MAIL THEM TO CITY HALL  FOR YOU TO REVIEW  Letter from George:   The Bine Beer & Food    Wed, Aug 26, 5:02 PM  (19 hours ago)        to me     Hello, We would like to keep this simple. Our guests have spoken. My staff have spoken. We do not need Main Street open to traffic any time soon. The dramatic increases in revenue and staffing has made the closing of the street a success. Keeping it closed would allow many businesses to sustain this horrible situation. Going back to a to go model with only four tables inside the restaurant (which is all I have until six feet of distancing is not a thing), would be worrisome. The long road back to nice weather could end up putting my business under. We'd also like to propose installing a bollard system at each end of Main Street. We could chat with the other businesses on the block and talk about paying some sort of a tax to have them installed. Obviously the restaurants have more to benefit and we would be happy to eat more of the cost. Having a removable system or recessed bollards would be of great benefit if the choice was to open and close occasionally. It would also allow access when needed. Please let me know if this is something that could be open for discussion. Here are some quick numbers to keep you informed. Employees (Pre Covid): 13 full time, 4 part time Employees (To go model): 6 full time, 2 part time Employees (Current): 16 full time Employees (Anticipated if Main Street closes): 7 full time, 1 part time Sales (Pre Covid): Trending up 9% over last year from 01/01/2020-03/15/2020 Sales (To go model): Down 75% from last year Sales (Current): Down 20% from last year Sales (Anticipated if Main Street closes): Down 60-65% from last year We would also like to state that 99% of my signatures were strictly in-house. We did not post on our website. We did not post on social media. We did not post to our personal pages. We spoke with our guests and asked for their thoughts. We wanted the results to be as raw as possible by only asking guests that came to our restaurant for support. I think 1300+ in less than a month really says something. Right now King County will anly allow two walls on a tent. That doesn’t help, but it won’t stop us. We will have to spend about $12k to supply battery operated generators and heat sources that comply with the fire department. No small change. That’s why keeping this closure a permanent thing is imperative. We would like to ride out the cost of these for winters to come. We don’t want to see our dream turn into a nightmare. And please, pray for a mild winter. Sincerely, George & Kylie Marshall Letter from Neville: ---------- Forwarded message --------- From: ​Neville Redman​ <​nvllred@aol.com​> Date: Thu, Aug 13, 2020 at 11:33 AM Subject: Re: Main St To: ​leigh@alexascafe.com​ <​leigh@alexascafe.com​> Hi everyone, I'm all for keeping Main street available for outdoor dinning and other activities. Without the outdoor seating area we would have not been able to reopen and might of been looking at closing parentally. I would say keep Main Street close at least through this Covid Crisis or indefinitely. It gives Bothell a gathering spot and a sense of community that has been lost in the massive growth of Bothell over the last few years. Thank you and stay well, Neville Redman The Bison 10111 main Street                      Letter from Andie:  Andie Rytter          Hi Leigh, My team and I are all supportive of the street closure because it has created a unique space for folks to gather and of course we know that this has kept more than a few businesses open during covid regulations regarding indoor seating etc. The closure of 101st is a bit problematic because it makes it hard for drivers to enter parking lots and eliminates a disabled parking space in an area that doesn't have enough of them. We are hoping that the closure can continue through the fall and winter and the city can create easier parking solutions in the area for disabled and able-bodied residents. Thank you, Andrya Rytter-O'Brien Level Seven Salon 10127 Main Street Suite B Bothell, WA 98011 cell: 425.273.4109 www.levelsevensalon.com Letter from Ken:   ken@tsugafineart.com    Fri, Aug 14, 5:30 PM  (13 days ago)            Leigh, I don’t think it effects my business revenue either way having the street closed, we are more of a destination business and operate on long standing relationships with customers/artists and word of mouth advertising, google and yelp searches, etc. If you have vehicle traffic, you have the potential for greater exposure with the increased number of people passing through. Foot traffic though allows people to slow down and enjoy their surroundings and linger. I do like that it’s quieter and and the lack of bus traffic is wonderful. I always thought that the two block stretch of Main Street should have been a pedestrian mall when the redevelopment happened. I do not like the fact that 101st has been closed as I’ve witnessed first hand irritated drivers having to go through the back parking lot speeding and even going against the angled parking flow. Executing multiple point turn arounds causing other cars to wait, as well as cars backing up into 522 causing drivers to honk at one another in frustration. We also lost what I believe is the only handicapped spot on the street for several blocks. In summary, yes. I would love to see it made into a permanent pedestrian mall. Ken Stodola Tsuga Fine Arts