Council Chambers, 18415 101st Ave NE, Bothell, WA City Council Regular Meeting Agenda Tuesday, September 3, 2019 6:00 PM
Members of the City Council: Mayor Andy Rheaume, Deputy Mayor Davina Duerr, Councilmember Tom Agnew, Councilmember Rosemary McAuliffe, Councilmember James McNeal, Councilmember Liam Olsen, Councilmember Jeanne Zornes
Members of the Staff: City Manager Jennifer Phillips, Assistant City Manager Kellye Mazzoli, City Attorney Paul Byrne, Public Works Director Erin Leonhart, Finance Director Chris Bothwell, Community & Economic Development Director Michael Kattermann, Parks & Recreation Director Nik Stroup, Human Resources Director Mathew Pruitt, Information Services Director Joe Sherman, Police Chief Ken Seuberlich, Fire Chief Bruce Kroon, City Clerk Laura Hathaway
1. Call to Order, Roll Call, Pledge of Allegiance
2. Meeting Agenda Approval
3. Public Engagement Opportunities
4. Special Presentation
a. Swearing-in Ceremony for Police Chief Kenneth P. Seuberlich b. King County Metro North Link Connections Mobility Project – Sherman Goong
5. City Manager/Council Committee Reports
a. King County Charter Review – Regional Committee Consolidation Proposal
6. Visitor Comment During this portion of the meeting, the Mayor will invite visitor comment. Each speaker will be granted 3 minutes.
7. Consent Pgs. 3-6 a. August 13, 2019 City Council Minutes Recommended Action: Approve the August 13, 2019 Meeting Minutes as presented. City Council Regular Meeting Agenda September 3, 2019 Page 2 of 2
Pgs. 7-26 b. AB # 19-133 –Contract with Gordon Thomas Honeywell Governmental Affairs for State Government Relations Services from October 1, 2019 – September 30, 2020. Recommended Action: Authorize the City Manager to execute, in substantially the same form as presented, the Professional Services Agreement with Gordon Thomas Honeywell Government Affairs for 2019-2020 State Government Relations Services and, if approved authorize use of $57,620 from various City funds. The allocation of the expenditure and a budget amendment will be finalized when the 2020 legislative agenda is available.
8. Public Hearing
Pgs. 27-60 a. AB # 19-134 – 2019 Housekeeping Code Amendments Recommended Action: Adopt the recommended 2019 Housekeeping Code Amendments in the proposed ordinance.
9. New Business
a. AB # 19-135 – Lot A Purchase and Sale Agreement Negotiation Pgs. 61-98 Recommended Action: Approve the draft Purchase and Sale Agreement as presented and authorize the City Manager to continue negotiations with Imagine Housing and sign a final Purchase and Sale Agreement for Lot A in substantially the same form.
Pgs. 99-104 b. AB # 19-136 – Resolution Formalizing an Intent to Participate in a Program to Receive Funds From the State to be Used for Affordable and Supportive Housing in Accordance with House Bill 1406. Recommended Action: Adopt the Resolution of Intent taking the first step in levying the tax credit and discuss whether to ask staff to return to the City Council with a resolution to put Pgs. 105-130 a qualifying local tax to voters to double the value of the tax credit, if approved. c. AB # 19-137– Quarterly Update on Progress towards Council’s Goals – 2nd Quarter of 2019-2020 Biennium Recommended Action: No action is requested at this time.
10. Council Conversations
11. Adjourn
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. PRELIMINARY AGENDA: The preceding is a preliminary agenda; other items may be added and action taken on matters which do not appear above. Bothell City Council meetings are aired live on Bothell Community Television (BCTV) Channel 21/26 (Comcast/Verizon) (available to Comcast and Verizon 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 3, 2019 Agenda Packet Page 2 of 130 City Council Special Meeting Minutes Tuesday, August 13, 2019 6:00 PM
Members of the City Council: Mayor Andy Rheaume, Deputy Mayor Davina Duerr, Councilmember Tom Agnew, Councilmember Rosemary McAuliffe, Councilmember James McNeal, Councilmember Liam Olsen, Councilmember Jeanne Zornes
1. Call to Order, Roll Call, Pledge of Allegiance
Mayor Rheaume called the meeting to order at 6:00 PM and led the Pledge of Allegiance.
All Councilmembers present.
2. Meeting Agenda Approval
Mayor Rheaume pulled AB #19-130 from the Consent Agenda.
3. Public Engagement Opportunities
Mayor Rheaume reviewed upcoming Public Engagement Opportunities.
4. Special Presentation
a. Sound Transit Briefing on ST3
Paul Cornish, Sound Transit BRT Director presented and updated the City Council on outreach efforts to the businesses along SR 522 as part of the ST3/Bus Rapid Transit Lines through Bothell. He also updated Council on project activities to date and entertained Council questions.
Councilmembers asked specifically about the Yakima Fruit Market. Mr. Cornish addressed. Council asked that Sound Transit Representatives stay to hear any Public Comment regarding the project, specifically the Yakima Fruit Market, and that they, Sound Transit, continue the outreach efforts to engage the public.
5. City Manager/Council Committee Reports
Councilmember Agnew updated the Council on NPRSA activities, specifically that they will be adding a ballot measure for the November 5, 2019 Election to ask for voter approval to assess a tax to cover needed capital improvements.
Councilmember Olsen provided an update on Snohomish County Tomorrow activities.
6. Visitor Comment
Karen Pogue – Owner, Yakima Fruit Center – spoke advocating for the Yakima Fruit Center. Monica Bagnall – spoke in support of the Yakima Fruit Center. Phil Kienast – spoke in support of the Yakima Fruit Center. Sue Kienast – spoke in support of the Yakima Fruit Center.
September 3, 2019 Agenda Packet Page 3 of 130 City Council Special Meeting Minutes August 13, 2019 Page 2 of 3
Simon Mould – spoke in support of the Yakima Fruit Market. Steve Holmes – spoke in support of the Yakima Fruit Market. Sarah Miles (no sign-up sheet) - spoke in support of the Yakima Fruit Market.
7. Consent
a. Approval of July 16, 2019 City Council Minutes Recommended Action: Approved the July 16, 2019 Meeting Minutes as presented.
b. AB # 19-129 – Supplemental Agreement No. 1 with Floyd Snider Inc., for On-call Environmental Support Services Recommended Action: Authorize the City Manager to enter into Supplemental Agreement No. 1 with Floyd Snider Inc., in the amount of $500,000 and in substantially the same form as presented, to provide on-call environmental support services.
c. PULLED - AB # 19-130 – 2019 Shoreline Master Program Update Recommended Action: Adopt the Proposed Ordinance (Attachment 3) incorporating recommended amendments by the Shorelines Board and the recommended and required amendments from Ecology.
MOTION: Councilmember Agnew moved approval of the remaining consent items. Deputy Mayor Duerr second. The motion carried. 7-0.
PULLED ITEM – # 19-130 - 2019 Shoreline Master Program Update Mayor Rheaume pulled the item to highlight a revision to the effective date of the ordinance.
MOTION: Deputy Mayor Duerr moved approval of the revision to the effective date of the ordinance to state the ordinance shall be effective 14 days after final action by the Department of Ecology, as provided by RCW 90.58.090(7).
Mayor Rheaume second. The motion carried 7-0.
8. New Business
a. AB # 19-131 - Amendments to (1) the Existing Consent Decree with the Washington State Department of Ecology and (2) the Settlement Agreement between the City and Bothell Service Center Associates, related to the Cleanup of Bothell Service Center/ Simon & Sons (BSCSS) Recommended Action:
• Authorize the City Manager to enter into an Amendment to BSCSS Consent Decree with the Washington State Department of Ecology to address cleanup of commingled contamination in the Wexler Settlement Area, in substantially the same form as presented allowing the City to recover some of its costs associated with the Wexler Settlement Area clean up.
• Authorize the City Manager to sign the Second Amendment to Settlement Agreement between the City of Bothell and Bothell Service Center Associates.
Nduta Mbuthia, Senior Capital Projects Engineer presented and entertained Council questions.
MOTION: Deputy Mayor Duerr moved approval of both recommended actions. Councilmember
September 3, 2019 Agenda Packet Page 4 of 130 City Council Special Meeting Minutes August 13, 2019 Page 3 of 3
Agnew second. The motion carried 7-0.
b. AB # 19 –132 – Award of Construction Contract for work on Lot P South Recommended Action:
• Authorize the City Manager to enter into a construction contract with OMA Construction, Inc., in the amount of $ 2,041,952, for construction of the Lot P- South Cleanup project and in substantially the same form as that included with the bid documents.
• Adopt the attached OrdinanceAmending the 2019-2020 Capital Improvement Fund Budget.
Nduta Mbuthia, Senior Capital Projects Engineer presented and entertained Council questions.
MOTION: Deputy Mayor Duerr moved approval of both recommended actions. Councilmember McNeal second. The motion carried 7-0.
9. Executive Session
Council convened to executive session at 7:15 PM to discuss Potential Litigation pursuant to RCW 42.30.110(1)(i); anticipated to last 30 minutes (7:45 PM) with possible action..
At 7:44 PM Mayor Rheaume extended the executive session an additional 15 minutes until 8:00 PM.
Council reconvened to Regular Session at 8:00 PM.
MOTION: Councilmember Olsen moved to approve entry into the SCG Settlement substantially as described tonight (in Executive Session) and go forward with the final settlement. Councilmember Zornes second. The motion carried 7-0.
10. Adjourn
Mayor Rheaume adjourned the meeting at 8:02 PM.
Submitted for Approval on September 3, 2019.
September 3, 2019 Agenda Packet Page 5 of 130
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September 3, 2019 Agenda Packet Page 6 of 130 Bothell City Council AGENDA BILL
Meeting Date: September 3, 2019 Action No Action AB #: 19-133
Subject: Contract with Gordon Thomas Honeywell Governmental Affairs for State Government Relations Services from October 1, 2019 – September 30, 2020.
Budget Impact/Source of Funds: $57,620 from various funds of the City; the expenditure will be allocated to the benefitting funds based on the 2020 legislative agenda that is currently in process. This item is unbudgeted and will require a budget amendment that staff will bring forward to the City Council for approval at the end of the biennium.
Staff Presenter/Department: Kellye Mazzoli, Assistant City Manager
Policy Consideration and Connection to Council Goals:
The City Council should consider if use of City Funds to hire a government relations consultant at the cost of $57,620 is a continued priority at this time.
This item directly supports City Council’s Fiscal Responsibility and Stability Goal by enhancing the City’s chances of obtaining State funding.
Background:
In April 2018, the City Council expressed an interest in expanding presence and engagement at the regional and state levels of government. In follow-up to Council’s request, staff contacted other agencies to solicit recommendations for a consultant to provide State Government Relations Services. Two firms were identified through this process for interview, Gordon Thomas Honeywell (GTH) and Outcomes by Levy. Both firms submitted proposals and through a process, GTH was identified as the firm with the experience and expertise most closely matching the City’s legislative needs.
In August 2018, staff first worked with GTH on a separate, smaller, limited-term contract to create draft documents of the City’s legislative priorities based on Council’s approved priorities and ongoing areas of interest. Following this initial step, which provided the groundwork for development of an effective and targeted legislative platform, the Council indicated interest in identifying and securing more funding for City projects, so the City entered into a contract with GTH for additional lobbying services.
With the support of GTH, the 2019 Legislative Session proved to be highly successful for the City, which received full funding ($2.98 million) for its three funding requests.
September 3, 2019 Agenda Packet Page 7 of 130 Agenda Bill # 19-133 Page 2
Moreover, the Legislature approved funding for additional police academy classes and the construction of dual express toll lanes on I-405 between SR 522 and SR 527, identified as legislative priorities for the Council.
Previous City Action:
• April 27, 2018 – Council expressed interest in expanding regional presence and enhancing legislative communication at a budget and goals retreat
• September 4, 2018 – Council approved a one-year contract with Gordon Thomas Honeywell Government Affairs for lobbying services
Discussion: Maintaining regular, positive relationships with State elected representatives, whose decisions often directly impact cities, is of particular importance for Washington cities. Beyond regulatory implications, through its grants and budget allocations, the State of Washington transfers a large amount of funding each year to cities for a variety of local projects and programs. In order to maximize potential for receiving such State funding, the City has benefited from hiring a state government relations consultant and could continue that practice with the approval of the proposed contract.
Beyond the traditional advocacy role, a state government relations consultant conducts activities such as coalition building and planning, strategic messaging, support network outreach, and on-going monitoring of opportunities for direct City involvement in Olympia. Overall, contracting this service is a cost-effective way to provide City representation in Olympia given the time required to do it correctly, the value of prior established expertise and relationships, as well as reduction in staff and Council time spent travelling between Bothell and Olympia. Moreover, having consistent City representation in Olympia is an investment toward securing additional State funds for the City in a highly competitive and resourced limited environment.
Scope of work for the 2019-2020 contract is proposed to remain similar to the prior contract. Since the City Council held an in-depth discussion to create a highly impactful legislative platform last year, the legislative agenda and policy manual require simple updates this year. The policy manual states the City’s positions on issues and the legislative agenda is used to elevate the City’s immediate top priorities and requests of the legislature. GTH has been working with staff to develop draft documents for the Council to receive at a meeting in October. Feedback from the Council will be incorporated into final documents and ready for adoption in November. Following adoption of the legislative platform, the consultant will begin communication frequently throughout the State’s budget and legislative sessions advocating on behalf of Bothell.
September 3, 2019 Agenda Packet Page 8 of 130 Agenda Bill # 19-133 Page 3
Financially, the 2019-2020 proposed contract includes a slight increase in the cost of services from $4,500 per month to $4,635 per month in order for GTH to keep pace with the cost of doing business. Additionally, GTH is asking for an expense account of a maximum $2,000 to cover expense such as mileage to/from Bothell or to meet with legislators.
The result of hiring GTH was extremely successful in securing State funds for the City during the 2019 legislative session. However, it is important to understand there is no guarantee that this same level can be achieved each and every session. Nonetheless, a strong effort toward continued relationship building and strategic partnering does ensure that the City’s legislative priorities remain highly visible to State legislators especially when they are making critical, impactful decisions.
Category: Consent
Attachments:
1. Draft Contract with Gordon Thomas Honeywell Government Affairs
Recommended Action:
Authorize the City Manager to execute, in substantially the same form as presented, the Professional Services Agreement with Gordon Thomas Honeywell Government Affairs for 2019-2020 State Government Relations Services and, if approved authorize use of $57,620 from various City funds. The allocation of the expenditure and a budget amendment will be finalized when the 2020 legislative agenda is available.
City Manager Approval: Date:08/27/2019
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September 3, 2019 Agenda Packet Page 10 of 130 Att-1
CITY OF BOTHELL PROFESSIONAL SERVICES AGREEMENT Contract No. ______
1. Parties.
This Professional Services Agreement, Contract No. ______(“Agreement”), is entered into as of the Effective Date specified below between the City of Bothell, a Washington municipal corporation having its principal place of business at 18415 101st Avenue N.E., Bothell, Washington 98011 (“City”), and Gordon Thomas Honeywell Governmental Affairs, a corporation organized under the laws of the State of Washington, located and doing business at 1201 Pacific Ave., Suite 2100, Tacoma, WA 98401 (“Consultant”).
2. Recitals.
2.1 City desires to obtain professional services for assistance with State government relations and lobbying efforts.
2.2 City has solicited for such professional services as required by law, including chapter 39.80 RCW if applicable.
2.3 Consultant represents that it is available and able to provide qualified personnel and facilities necessary for the work and services contemplated herein, and Consultant further represented that it can accomplish the work and services within the required time period and in accordance with City’s specifications and professional standards.
2.4 Consultant agrees to perform the work and services specified herein in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein, it is agreed by and between the parties as follows:
3. Terms and Conditions.
3.1 Services. City hereby retains Consultant, and Consultant agrees, to perform in accordance with this Agreement the work and services as set forth in the Scope of Services/Scope of Work, which is attached and incorporated by this reference as Exhibit A (“Services”).
3.2 Payment.
3.2.1 City shall pay the Consultant for Services rendered based upon the Schedule of Charges, which is attached and incorporated by this reference as Exhibit B (“Schedule of Charges”). In no event shall the amount paid by City for services rendered exceed the sum of $57,620, including applicable sales taxes and expenditures. This amount is the maximum amount to be paid under this Agreement and shall not be exceeded without prior written authorization from City in the form of a negotiated and executed supplemental agreement.
3.2.2 Consultant shall submit periodic invoices (but not more frequently than monthly) to City upon completion of the Services under the terms of payments as described in Bothell Professional Services Agreement 1 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 11 of 130 Exhibit B. City shall pay Consultant within forty-five (45) days of the receipt of a correct invoice in accordance with City’s usual payment procedures. If City objects to all or any portion of any invoice, it shall so notify Consultant within twenty (20) days from the date of receipt but shall pay the undisputed portion of the invoice. The parties shall immediately make every effort to settle the disputed portion of any invoice.
3.2.3 Acceptance of any payment by Consultant shall constitute a release of all payment claims against City arising under this Agreement as to such portion of the Services. No payment to Consultant, whether periodic or final, shall constitute a waiver or release by City of any claim, right, or remedy it may have against Consultant regarding performance of the Services as required by this Agreement.
3.3 Time of Performance. Consultant agrees that the Services shall begin immediately on October 1, 2018, or City’s issuance of a Notice to Proceed, whichever is applicable, and Consultant shall continue to perform the Services with due diligence. In no event shall completion of the Services be delayed beyond September 30, 2020. The Schedule of Charges and time for performance of the Services shall not be increased because of any delays or costs attributable to Consultant. In the event of a delay not attributable to Consultant, which could not be reasonably anticipated and which results in an increase in costs to perform the Services, City may at its discretion, through the execution of an amendment or supplemental agreement, increase the Schedule of Charges and/or time for performance of the Services.
3.4 Relationship of Parties. Consultant is an independent contractor under this Agreement, and the parties intend that an independent contractor-client relationship is the only relationship created by this Agreement. No employee, agent, representative, or subconsultant of Consultant shall be or shall be deemed to be the employee, agent, representative, or subconsultant of City. Consultant has no authority, and will not represent itself to have authority, to legally bind City or otherwise act for City or on City’s behalf. None of the compensation or other benefits provided by City to its employees shall be available to Consultant’s employees, agents, representatives or subconsultants. Consultant shall be solely responsible for all compensation, taxes, withholding, and other benefits due to its employees, agents, representatives, and subconsultants. Consultant shall be solely responsible for its acts and omissions and for the acts and omissions of Consultant’s agents, employees, representatives, and subconsultants during performance of this Agreement. On or before the Effective Date, Consultant shall file, maintain, and/or open all necessary records with the Internal Revenue Service and the State of Washington, and as may be required by RCW 51.08.195, to establish Consultant’s status as an independent contractor.
3.5 Services Performed at Consultant’s Risk. Consultant shall take all precautions reasonably necessary to perform the Services and shall be responsible for the safety of its employees, agents and subconsultants in the performance of the Services.
3.6 Supervision, Inspection and Performance.
3.6.1 Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the Services, the Services must meet the approval of City and shall be subject to City’s general right of inspection and supervision to secure the satisfactory completion of this Agreement.
Bothell Professional Services Agreement 2 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 12 of 130 3.6.2 Consultant represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations to perform the Services. All Services shall be performed by Consultant, its employees, or by subconsultants whose selection has been authorized by City; provided that City’s authorization shall not relieve Consultant or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. Consultant shall ensure that all contractual duties, requirements and obligations that Consultant owes to City shall also be owed to City by Consultant’s subconsultants retained to perform the Services.
3.6.3 Consultant shall be responsible for the professional quality, technical adequacy, accuracy, timely completion, and coordination of the Services and all plans, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement. Consultant shall perform the Services in accordance with the standard of care of its profession in the same or similar localities at the time services are performed. Consultant shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. Consultant shall, without additional compensation, correct any specific breach of a contractual obligation in the Services and revise any errors or omissions in any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement.
3.7 Termination of Agreement.
3.7.1 Termination by City for Consultant’s Default. City may terminate this Agreement, in whole or in part and at any time, in writing if Consultant substantially fails to fulfill any or all of its material obligations through no fault of City. If City terminates all or part of this Agreement for default, City shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to Consultant using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (b) any payment due to Consultant at the time of termination may be adjusted to the extent of any additional costs City incurs or will incur because of Consultant’s default. In such event, City shall consider the actual costs incurred by Consultant in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to City at the date of termination, the cost to City of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time which may be required to do so, and other factors which affect the value to City of the Services performed to the date of termination. Under no circumstances shall payments made under this provision exceed the Schedule of Charges. This provision shall not preclude City from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by withheld payments.
3.7.2 Termination by City for Convenience. City may terminate this Agreement, in whole or in part and at any time, for the convenience of City. City shall terminate by delivery to Consultant a notice of termination specifying the extent of the termination and the effective date of termination. If City terminates this Agreement for convenience, City shall pay Consultant the amount otherwise due in accordance with this Agreement for Services satisfactorily performed to the date of termination.
Bothell Professional Services Agreement 3 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 13 of 130 3.7.3 Termination by Consultant. Consultant may terminate this Agreement in the case of a material breach and upon failure of City to remedy said breach within ten (10) days of written notice by Consultant of such breach. Consultant may also terminate the Agreement if key personnel and/or facilities are lost due to an act of God or other catastrophe creating a situation under which Consultant is physically unable to perform. Consultant’s notice of termination shall be in writing.
3.8 Discrimination. When hiring of employees to perform Services, and in any subcontract arising hereunder, Consultant, its subconsultants, or any person acting on behalf of Consultant or subconsultant shall not, by reason of race, religion, color, age, sex, national origin or the presence of any sensory, mental or physical handicap, veteran status, or sexual orientation, discriminate against any person who is qualified and available to perform the Services to which the employment relates.
3.9 Indemnification and Compliance with Law.
3.9.1 The indemnification and defense obligations specified in this Section 3.9 (“Indemnity Obligations”) have been mutually negotiated and shall survive the expiration, abandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromised prior to the culmination of any litigation or the institution of any litigation. Inspection, acceptance or payment by City of or for any Services performed by Consultant shall not be grounds for avoidance of any Indemnity Obligations.
3.9.2 Consultant’s duty to indemnify the City under this Agreement varies, as more particularly set forth below, depending on the circumstances that give rise to the obligation of indemnity. However, the Consultant’s indemnity obligation shall extend – under any and all such circumstances – to all liability, claims, damages, losses, and expenses incurred by the City, whether direct, indirect, consequential, and specifically including (but not limited to) any attorneys’ and consultants’ fees and other expenses of litigation or arbitration (for convenience, these are collectively referred to as “losses”) that arise from the particular act or omission giving rise to the indemnity obligation.
3.9.2.1 General Indemnity. Except to the extent that one of the more specific indemnity obligations set forth below applies, Consultant shall defend, indemnify, and hold harmless the City, including its officers, employees, agents, and volunteers, from any and all losses and claims including any and all claims for personal injury, bodily injury, including death, or damage to property that are caused or alleged to be caused, in whole or in part, by any act or omission of Consultant. This obligation of indemnity includes negligent acts (whether concurrent, contributory, or both) by the City. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the sole negligence of the City.
3.9.2.2 Professional Errors and Omissions. For any losses that arise from the exercise of Consultant’s professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, Consultant shall defend, indemnify, and hold harmless the City from all such losses to the extent caused or alleged to be caused by any violation of law, including state,
Bothell Professional Services Agreement 4 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 14 of 130 federal, or municipal law or ordinance, or by any negligent act, omission, breach of contract, or willful or intentional misconduct of Consultant. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent, or contributory) of the City.
3.9.2.3 Construction Claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, Consultant shall defend, indemnify, and hold harmless the City from all losses to the extent caused or alleged to be caused by any violation of law, including state, federal, or municipal law or ordinance, or by any negligent act or omission of Consultant. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent, or contributory) of the City.
3.9.3 In any and all claims against the City by any employee of Consultant, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for Consultant under the applicable worker’s or workmen’s compensation, benefit, or disability laws (including but not limited to the Industrial Insurance laws, Title 51 of the Revised Code of Washington). Consultant expressly waives any immunity Consultant might have under such laws and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated.
3.9.4 The obligations of this Paragraph shall not be construed to negate, abridge, or otherwise reduce any other right or obligation which would otherwise exist as to any person or entity described in this paragraph.
3.9.5 For purposes of this Paragraph only, the term “City” shall mean and include the City and its council members and other elected officials, other officers, employees, and agents, and the term “Consultant” shall mean and include Consultant, all of its Subconsultants and suppliers at all tiers, agents, and any other person directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable.
3.9.6 The parties recognize that one party may have unique knowledge or involvement in the acts that certain claims are based on; therefore, the parties agree that upon receipt or service of a claim arising out of or related to the work or project which is the subject of this Contract, the parties hereto will cooperate in good faith in the defense of any claim. The intent and purpose of this subsection is to ensure the good faith cooperation of both parties in the defense of any claim initially so that all necessary knowledge and personnel are made available to each other in order achieve the best claim defense possible.
3.9.6.1 The parties agree that they each have the right to tender the defense of any third party claims to the other party without violating the provisions of this section. However, notwithstanding any other provision in this section, in the event that either party fails to accept tender from the other party, the parties agree that it is their intent that they will cooperate and initially defend any claims arising out of, in connection with, or incident to their own acts, regardless of the type or characterization
Bothell Professional Services Agreement 5 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 15 of 130 of the act(s) and each party is free to assert such defenses, claims, counterclaims and third party claims as they deem appropriate.
3.9.6.2 At the time that liability for any disputed claim is ultimately determined by agreement, as a result of any agreed or mandatory dispute resolution process, or by final order of a court of competent jurisdiction, the parties will reimburse each other for any defense costs and claims costs and payments or judgment satisfaction that may have been incurred pursuant to the provisions of this subsection and which would not have been required of that party under the provisions of subsections 3.9.1 through 3.9.5 if their initial tender of defense had not been improperly rejected.
3.10 Insurance. Unless otherwise stated in Exhibit C, the following insurance requirements shall apply.
3.10.1 Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
3.10.2 No Limitation. Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
3.10.3 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below:
A. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
B. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City.
C. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
3.10.4 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
A. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
Bothell Professional Services Agreement 6 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 16 of 130 B. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
C. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit.
3.10.5 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance:
A. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
B. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. In the event that such endorsement cannot be obtained from Consultant’s insurance carrier, Consultant shall be responsible for providing notice in accordance with the terms of this provision.
3.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
3.10.7 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work, which is attached and incorporated by this reference as Exhibit C (“Consultant’s Certificate(s) of Insurance”).
3.11 Records, Documents, and Audits.
3.11.1 Original documents, drawings, designs and reports developed under this Agreement, whether in written or electronic format, shall belong to and become the property of City, and shall be promptly delivered to City as required by the Services or at the termination of this Agreement. All written information submitted by City to Consultant in connection with the Services will be safeguarded by Consultant to at least the same extent as Consultant safeguards like information relating to its own business. If such information is publicly available, is already in Consultant’s possession or known to it, or is rightfully obtained by Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
3.11.2 City acknowledges that the documents prepared by Consultant are prepared specific to the project described herein. If City modifies or uses any of said documents for other projects or purposes without the written approval of Consultant, City releases Consultant from all responsibility for any errors or omissions therein with respect to such modification or other use.
Bothell Professional Services Agreement 7 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 17 of 130 3.11.3 Consultant and its subconsultants shall maintain books, records, documents, and other evidence directly pertinent to performance of the Services in accordance with generally accepted accounting principles and practices consistently applied. City or any duly authorized representative shall have access to and be permitted to inspect such books, records, documents, and other evidence for the purpose of audit, examination and copying for a period of six (6) years after completion or termination of the Agreement, whichever is later. Audits conducted under this Section 3.11 shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency.
3.12 Disputes and Remedies.
3.12.1 Choice of Law; Venue. This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior Court of King County, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement.
3.12.2 Dispute Resolution. All claims, counterclaims, disputes, and other matters in question between City and Consultant arising out of or relating to this Agreement shall be referred to the City Manager or a designee for determination, together with all pertinent facts, data, contentions, and so forth. The City Manager shall consult with Consultant’s representative and make a determination within thirty (30) calendar days of such referral. Should the claims, counterclaims, or disputes not be resolved by the City Manager’s decision, the parties shall refer the matter to professional mediation in Seattle, Washington, which shall be conducted within thirty (30) calendar days of the City Manager’s decision. The cost of mediation shall be shared equally. No civil action on any claim, counterclaim, or dispute may be commenced until thirty (30) days following such mediation. In the event of litigation between Consultant and City to enforce the rights under this Agreement, reasonable attorney fees and expenses shall be allowed to the prevailing party.
3.12.3 Remedies. City’s rights and remedies in this Agreement are in addition to all other rights and remedies provided by law. City may exercise such rights and remedies in any order and at any time as it determines necessary or appropriate.
3.13 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certified mail or deposited with an overnight delivery service.
City of Bothell Gordon Thomas Honeywell Executive Department Governmental Affairs Attn: Catherine Jansen Attn: Briahna Murray 18415 101st Ave. NE 1201 Pacific Ave., Suite 2100 Bothell, WA 98011 Tacoma, WA 98401
3.14 Entire Agreement. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior verbal statements of any officer or other representative of City, and such statements shall not be effective or be construed as entering into
Bothell Professional Services Agreement 8 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 18 of 130 or forming a part of, or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits.
3.15 Priority of Documents. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall be considered void.
3.16 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and Consultant.
3.17 Assignment. Any assignment of this Agreement by Consultant without the prior written consent of City shall be void.
3.18 Waiver. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach.
3.19 Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
3.20 Counterparts. This Agreement shall be signed in duplicate or triplicate and may not be signed in counterparts.
3.21 Authorized Signatures. By their signatures below each party represents that it has taken all necessary steps and is fully authorized to sign for and on behalf of the named principal above.
3.22 Effective Date. This Agreement shall be effective on the last date entered by the parties below.
SIGNATURE PAGE FOLLOWS IMMEDIATELY
Bothell Professional Services Agreement 9 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 19 of 130 CITY OF BOTHELL
By: Jennifer Phillips Date Its: City Manager
ATTEST/AUTHENTICATED:
Laura K. Hathaway Date City Clerk
APPROVED AS TO FORM:
Paul Byrne Date City Attorney
CONSULTANT:
By: Date Its:
Bothell Professional Services Agreement 10 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 20 of 130 EXHIBIT A
Scope of Services / Scope of Work
Consultant will assist City in development of its 2019-2021 Legislative Agenda and Policy Manual (revised for the 2020 Legislative Session) to include the following steps:
. Work with City Council and staff to finalize a legislative agenda that advances the City’s interests and accounts for the political climate. . Develop a strategy to advance the City’s legislative agenda items and funding request(s) . Assist with creation of one pagers for City’s top legislative priorities . Participate in the Association of WA Cities Legislative Priorities Committee to ensure City’s priorities are considered in development of the Association’s legislative agenda . Engage the City’s legislative delegation and key committee members to inform them on the City’s funding request(s) and legislative priorities. . Schedule meetings with state agencies, the Governor's Office, as necessary to best position the City's legislative agenda items and funding request(s) for success. . Identify key opportunities for City staff and/or Councilmembers to travel to Olympia and advance the City's interests. . Schedule meetings with legislators, prepare materials associated with trips to Olympia and brief City staff and/or Councilmembers prior to trip. . Meet with lobbyists from other interested stakeholders to garner support for the City's agenda items. . Coordinate pre-session meetings with legislators and prepare Councilmembers for those meetings . Support City staff to identify and convene stakeholder meetings to bolster the City’s legislative priorities . Support City staff to complete funding request forms for capital budget and transportation budget requests . Brief City staff on legislative activity and attend City Council meetings as requested by the City Manager . Depending on City priorities, submit a funding request to the Governor’s Office for potential inclusion in the Governor’s proposed budget . During the legislative session, provide weekly reports on GTHGA activities in support of the City’s legislative priorities . During the legislative session, complete bill tracking for City identified policy priorities . During the legislative session, testify in support/opposition of proposed legislation on behalf of the City when given direction (as a backup to when a Councilmember or staff cannot attend) . During the legislative session, conduct routine check in calls with City staff and/or Councilmembers to discuss the status of the City’s legislative priorities and other legislative activities
Bothell Professional Services Agreement 11 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 21 of 130 EXHIBIT B
Schedule of Charges
Consultant shall invoice City monthly for services performed at a rate of $4,635 per month. In addition to service fees, Consultant may bill expenses such as communication and travel. Expenses shall not exceed $2,000 for the term of the contract. The maximum amount to be paid under the agreement is $57,620. This amount shall not be exceeded without written consent from City in the form of a supplemental agreement.
Bothell Professional Services Agreement 12 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 22 of 130 EXHIBIT C
Consultant’s Certificate(s) of Insurance
[See Attached]
Bothell Professional Services Agreement 13 of 13 Last Legal Update: January 2018 September 3, 2019 Agenda Packet Page 23 of 130 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tony Brooks Tony Brooks Insurance Agency Inc PHONE FAX (A/C, No, Ext): 253-537-1444 (A/C, No): 253-539-2439 12001 Pacific Ave S Ste 103 E-MAIL ADDRESS: [email protected] Tacoma, WA 98444 PRODUCER A CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC #
INSURED INSURER A : State Farm Fire and Casualty Company 25143
Gordon, Thomas, Honeywell Governmental INSURER B : State Farm Mutual Automobile Insurance Company 25178 Affairs INSURER C : PO Box 1677 INSURER D : Tacoma, WA 98401 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY 98-GY-1097-9 11/20/2018 11/20/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 250,000 YY CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 100,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- $ POLICY JECT LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ B (Ea accident) ANY AUTO YY BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident)
NON-OWNED AUTOS $ ENOL Auto 378 6064-A08-47 07/08/2019 02/08/2021 Combined Single Limit $ 1,000,000 A UMBRELLA LIAB OCCUR 98-B7-M555-8 07/08/2019 07/08/2021 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
DEDUCTIBLE $
RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- 1,000,000 A 98-GY-1097-9 (stop gap) 11/20/2018 11/20/2020 TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured: City of Bothell 18415 – 101st Ave. NE Bothell, WA 98011
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE City of Bothell POLICY PROVISIONS. 18415 – 101st Ave. NE
Bothell, WA 98011 AUTHORIZED REPRESENTATIVE
Tony Brooks, Agent © 1988- 2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marksSeptember of ACORD 3, 2019 Agenda Packet1001486 Page 24 132849.4of 130 02-11-2010 September 3, 2019 Agenda Packet Page 25 of 130
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September 3, 2019 Agenda Packet Page 26 of 130 Bothell City Council AGENDA BILL
Meeting Date: September 3, 2019 Action No Action AB #: 19-134
Subject: 2019 Housekeeping Code Amendments
Budget Impact/Source of Funds: N/A
Staff Presenter/Department: Bruce Blackburn, Community Development
Policy Considerations and Connection to Council Goals:
Two of the proposed amendments have policy implications for Council consideration: 1. Whether to apply Planned Unit Development (PUD) clustering incentives to multi-family residential zones and, as part of this amendment, establish a minimum area and dimension (width) of open space areas created by the Clustering PUD (item A); and 2. Whether to amend procedures for Plan and Code amendments to reflect current review practices and to improve consultations and interactions between boards and commissions (item H).
This project supports the Council Goals of Economic Development, Community Connections, and Environmental Stewardship.
Background:
Staff, applicants and citizens often identify provisions within the Bothell Municipal Code (BMC) which need clarification, do not meet their intended purpose, or which improve permit efficiency. The eight housekeeping Code amendments initiated by Council in the 2019 Docket are: A. Apply PUD clustering provisions to multi-family residential zones; B. Clarify the prohibition on ‘rounding up’ unit and lot yield in Title 12 (Zoning); C. Give applicants 180 days to re-submit additional materials to be consistent with recent similar amendments to Title 11. The current time limit of 90 days is not always sufficient; D. Amend an incorrect reference to deduction of surface water facilities from net buildable area. The reference in this section was simply missed in 2015; E. Clarify sub-district descriptions in the North Creek/NE 195th Street Subarea; F. Clarify that sign height includes the base/foundation; G. Define “detached condominium units;” and H. Amend Title 11 procedures for plan and code amendment interactions between boards and commissions.
Previous City Actions:
• February 2019: Council approves 2019 Planning Docket, including Housekeeping Code amendments
September 3, 2019 Agenda Packet Page 27 of 130 Agenda Bill # 19-134 Page 2
Discussion:
The two Housekeeping Code amendments with policy implications are:
A. Whether PUD clustering incentives can be applied to multi-family residential zones. As part of the above amendment, establish a minimum area and dimension (width) of open space areas created by the Clustering PUD. Current Code language does not provide certainty.
The cluster subdivision PUD under 12.30.070(J)(1)(b) provides incentives in the form of increased number of lots when developments provide permanent open space areas. Multi- family residential developers have asked for similar incentives if comparable open space is preserved. Development review staff identified that a few development applications have proposed narrow, lineal and/or small areas for dedication as open space. Minimum dimensions and area requirements are needed to provide open spaces that are consistent with the intent of the clustered subdivision PUD. Planning Commission Recommendation regarding bonus units for Multi-family zones: • Extend the PUD open space incentive to include multi-family residential zones as a means of encouraging greater amounts of open space preservation; • Increase the minimum amount of open space required to be eligible for bonus dwelling units because multi-family zones already allow considerable flexibility and the higher percentage reserves the potential for establishing ‘other’ future incentives such as affordable housing.
Planning Commission recommendation regarding minimum dimension and area of open space tracts:
For single family residential Clustered PUDs Require a minimum dimension (width) and area (size) equal to 50% of the underlying zones minimum lot circle and 50% of the underlying zones minimum lot area to establish open space. These dimensions create open space tracts with a relative same area and dimension equal to the adjacent lots (where a 50% reduction is allowed).
For multi-family residential Clustered PUDs Require an average dimension of 25 feet and a minimum dimension of 15 feet. Require a minimum land area equal to the minimum land area per dwelling unit of the underlying zone (2,800 to 5,400 square feet). These figures establish a size relationship equal with the scale of the dwelling units.
2020 Docket Recommendation The Planning Commission is recommending the Council consider a 2020 Docket item that would establish bonus unit incentives for creating affordable housing. The concept is to use the Planned Unit Development process to implement this incentive.
H. Amend Title 11 procedures for plan and code amendments to reflect current board and commission review practices and improve consultations and interactions between boards and commissions.
September 3, 2019 Agenda Packet Page 28 of 130 Agenda Bill # 19-134 Page 3
Chapter 11.18 establishes the roles of the City’s boards and commissions (advisory bodies) regarding amendments to the Comprehensive Plan and/or the BMC (Code). This section was developed in 1996 for the City’s first GMA compliant Plan. Since then, the Plan and Code amendment processes have become more defined, the State has issued new rules and City practices have evolved.
The Planning Commission determined the City could better utilize the knowledge and expertise of the City’s advisory bodies by increasing their participation in the plan and code amendment process. However, it is also important to have a well-defined process because these advisory bodies are a finite resource that should be used efficiently and judiciously.
The Planning Commission believes the existing language is confusing, does not match current practices and needs better process terms. The Commission recommends using the term ‘consult with’ to describe the process whereby advisory bodies will interact to craft Plan and Code amendments. The term ‘consult with’ better describes how advisory bodies currently interact and it avoids a complex and time-consuming process.
State law and the BMC establish the Planning Commission as the overall ‘voice’ of the Comprehensive Plan and the advisory body responsible for providing a final recommendation to the Council. Further, the Planning Commission has the primary responsibility for the vast majority of Comprehensive Plan Elements and is the only body that touches all 13 Plan Elements and all Subarea Plans. Other advisory bodies typically focus on a single Element.
For Plan amendments or elements that involve regulated shorelines, parks and open space, or landmark preservation, those respective boards will craft a recommendation which will then be forwarded to the Planning Commission for review and consideration, particularly as it relates to internal consistency with other Plan Elements. The Planning Commission will make a final recommendation to the City Council which will include the original recommendations from the other boards for Council’s information.
The Shorelines Board remains the primary advisory body for amendments to the Shorelines Management Act regulations as contained in Title 13 and the Landmark Board is the primary advisory body responsible for amendments to the Landmark Preservation Regulations of Title 22. Proposed BMC amendments for these two titles will be forwarded directly to Council without Planning Commission review.
Planning Commission recommendation: • Improve and expand consultation between advisory bodies. • Establish the Planning Commission as the overall ‘voice’ for the Comprehensive Plan because the Commission is the only advisory body that reviews all 13 Comprehensive Plan Elements and all Subarea Plans. • Title 18 BMC – Amend such that utilities amendments go directly to Council. • Title 13 and Title 22 BMC – No change from current code, recommendations to Council are directly from Shorelines Board and Landmark Preservation Board respectively.
The six Code amendments that can be characterized as routine include:
September 3, 2019 Agenda Packet Page 29 of 130 Agenda Bill # 19-134 Page 4
B. Clarify prohibition on ‘rounding up’ unit and lot yield in Title 12 (Zoning). Add language that clarifies that rounding up is prohibited. This will bring the Code into full consistency with the Comprehensive Plan and other sections of the BMC. C. Give applicants 180 days to re-submit additional materials instead of the current 90 days. Because re-submittals often require complex analysis and documentation, additional time is warranted for applicants to re-submit additional materials. A re-submittal time of 180 days is consistent with other permit time periods. D. Amend (remove) an incorrect reference to deduction of surface water facilities from net buildable area (removal of this reference was simply missed in 2015). This is consistent with the Comprehensive Plan and BMC. E. Clarify sub-district descriptions in the North Creek/NE 195th St. Subarea. Amend the current descriptions to better describe the locations of Sub-districts ‘A’ and ‘B’ and insert a new map depicting the sub-district locations. F. Clarify that sign height includes the base/foundation. Amend the language to include the sign base/foundation as part of the total sign height and insert an illustration. G. Define “detached condominium units.” Currently there is no definition. A new definition is proposed to help applicants, citizens and owners understand this relatively new type of housing product.
The Planning Commission recommends the amendments as described in the proposed ordinance (Attachment 1). The Commission’s full findings, conclusions and recommendation are included in Attachment 2.
Category: Public Hearing
• Staff Presentation • Public Testimony • Council Deliberation • Council Action
Attachments:
1. Proposed Ordinance 2. Planning Commission Findings, Conclusions and Recommendation
Recommended Action:
Adopt the recommended 2019 Housekeeping Code Amendments in the proposed ordinance.
City Manager Approval: Date: 08/26/2019
September 3, 2019 Agenda Packet Page 30 of 130 Att-1
ORDINANCE NO. (2019)
AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, AMENDING TITLES 11 AND 12 OF THE BOTHELL MUNICIPAL CODE REGARDING HOUSEKEEPING CODE AMENDMENTS.
WHEREAS, chapter 36.70A RCW, also known as the Growth Management Act (“the Act”), requires that cities subject to the Act adopt comprehensive plans and implementing development regulations consistent with the Act; and
WHEREAS, in accordance with the Act, the Bothell City Council, in 1994, adopted the Imagine Bothell… Comprehensive Plan and, in 1996, adopted implementing development regulations via amendments to the Bothell Municipal Code (BMC); and
WHEREAS, the Act provides that each jurisdiction’s comprehensive land use plan and development regulations shall be subject to continuing review and evaluation; and
WHEREAS, the City of Bothell has adopted numerous amendments to the Plan and Code since 1994 and 1996, respectively; and
WHEREAS, during the course of implementing the adopted codes the Departments of Community Development and Public Works identify needed efficiencies, inconsistencies and errors that need to be corrected or make helpful clarifications; and
WHEREAS, the City Council initiated the 2019 Housekeeping Code amendments as part of the 2019 Planning Docket; and
WHEREAS, the Planning Commission conducted study sessions and a public hearing resulting in recommended 2019 Housekeeping Code amendments; and
WHEREAS, upon due consideration, the City Council finds that adoption of the recommended 2019 Housekeeping Code amendments are in the public interest and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 11.02.004 of the Bothell Municipal Code (BMC), providing definitions for words and phrases beginning with the letter “C,” is hereby amended to
Page 1 of 24
September 3, 2019 Agenda Packet Page 31 of 130 Att-1
include a new definition for the phrase “detached condominium,” with such definition as follow; the remainder of the section is unchanged.
11.02.004 “C“
“Condominium, Detached” means a condominium pursuant to chapter 64.34 RCW comprising one dwelling unit within one structure that is surrounded by a yard area and has an outward appearance of a detached single family residence. All legal features of a condominium including common ownership, declarations, and other provisions, shall be consistent with chapter 64.34 RCW.
Section 2. BMC 11.06.003 is hereby amended as follows, with new text shown by underline; all other provisions of this section shall remain unchanged and in full force:
11.06.003 Submission and acceptance of application.
A. Determination of Completeness. Within 28 calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the city, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is complete; or (2) that the application is incomplete and what is necessary to make the application complete. Project permit applications shall be date stamped upon receipt by the city. Applications received after 4:30 p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under BMC 11.04.002, all applications consolidated for review will be covered under a single determination of completeness. If the application for any of such applications is incomplete, a determination that all consolidated applications are incomplete shall be issued to the applicant.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection A of this section.
C. Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in BMC 11.06.002, as well as the submission requirements contained in any other development regulations specific to the application. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is Page 2 of 24
September 3, 2019 Agenda Packet Page 32 of 130 Att-1
required pursuant to BMC 11.10.001(C), or where there are substantial changes in the proposed action.
D. Incomplete Application Procedure.
1. If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have 90 180 calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within 14 calendar days after an applicant has submitted the requested additional information, the city shall remake the determination as to completeness in the manner described in subsection A of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection A of this section.
The Director may grant an extension of time beyond the 180 days for a period up to a maximum of an additional 180 days under the following circumstances:
a. Unique or unusual circumstances, such as the need to complete special studies or other analysis exist that warrant additional time for the applicant to respond. Provided, however, that the applicant shall submit evidence and/or documentation supporting the extension; or
b. Another city review, such as a variance or SEPA review, is in progress or a legal proceeding not initiated by the applicant is in progress.
2. If the applicant either refuses in writing to submit the required additional information or does not submit the required information within the 90 180- calendar-day period, the community development director shall make findings and issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the time requirements set forth herein.
3. Where the community development director has made a determination that the application has lapsed because the applicant has failed to subsequently submit the required information within the necessary time period, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director of community development
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September 3, 2019 Agenda Packet Page 33 of 130 Att-1
E. City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsections A or (D)(1) of this section.
F. Date of Completeness of Application. When the project permit application is complete whether due to a determination of completeness issued under subsections A or E of this section, the community development director shall note the date of completeness on the application.
Section 3. BMC 11.18.060 is hereby amended as follows, with new text shown by underline and deleted text and graphics shown in strikethrough; all other provisions of this section shall remain unchanged and in full force:
11.18.060 Timing and process for consideration of suggested amendments.
A. The city council shall initiate consideration of suggested amendments by motion. The scope and timing of consideration of suggested plan amendments shall be determined by the council, except for amendments to correct a deficiency identified during project review which shall be considered annually pursuant to BMC 11.18.040. The city council shall generally assign suggested amendments to advisory bodies as outlined in Table 11.18-1. Assigned advisory bodies will consult with other advisory bodies and provide recommendations consistent with Table 11.18-1 request that the appropriate city advisory body develop recommendations concerning suggested amendments and the. The city council shall take final action upon any suggested amendments in accordance with the following table, except that the city council and reserves the authority to consider and act upon any suggested amendment without referring the suggested amendment to the applicable an advisory body for recommendation. The council and its advisory bodies (with concurrence of the council) may prioritize suggested amendments for further consideration and may defer to future years or decline to further consider suggested amendments.
For the purposes of this chapter, “recommendation” means a process where an advisory body crafts a recommendation to another advisory body or to the city council and “consults with” means one advisory body seeks input and advice from another advisory body.
Table 11.18-1 – Consultation and Recommendations
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September 3, 2019 Agenda Packet Page 34 of 130 Att-1
Recommendation and Action Process (unless council decides to consider and act upon Type of Amendment an amendment without prior referral to an advisory body) Amendments to Imagine Bothell... Comprehensive Plan Executive Summary, Planning commission makes recommendation to Table of Contents, city council; council takes final action. Introduction, Vision Statement and Glossary Land Use Element Planning commission consults with and shorelines board (if shorelines jurisdiction is involved), parks and recreation board (if parklands are involved); and landmark preservation board (if designated historic districts are involved); planning commission makes collaborate in making recommendation to city council; council takes final action. Natural Environment Planning commission consults with and shorelines Element board (if shorelines jurisdiction is involved) collaborate in making and makes recommendation to city council; council takes final action. Shorelines Element Shorelines board makes recommendation to the planning commission; planning commission considers that recommendation in crafting a final recommendation to city council and includes shorelines board recommendation in information to council; council takes final action Housing and Human Planning commission makes and shorelines board Services Element (if shorelines jurisdiction is involved) recommendation to city council; council takes final action. Economic Development Planning commission makes and shorelines board Element (if shorelines jurisdiction is involved) recommendation to city council; council takes final action.
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September 3, 2019 Agenda Packet Page 35 of 130 Att-1
Recommendation and Action Process (unless council decides to consider and act upon Type of Amendment an amendment without prior referral to an advisory body) Parks and Recreation Parks and recreation board consults with the Element Planning commission shorelines board (if shorelines jurisdiction is involved) and makes recommendation to planning commission; planning commission considers that recommendation in crafting a final recommendation to city council and includes parks and recreation board recommendation in information to council; council takes final action. Human Services Planning Commission makes recommendation to Element city council; council takes final action. Historic Preservation Landmark preservation board makes Element recommendation to planning commission; planning commission considers that recommendation in crafting a final recommendation to city council and includes landmark preservation board recommendation in information to council; council takes final action. Planning commission, shorelines board (if shorelines jurisdiction is involved) and landmark preservation board collaborate in making recommendation to city council; council takes final action. Urban Design Element Planning commission consults shorelines board (if shorelines jurisdiction is involved) collaborate in making recommendation and collaborates with landmark preservation board (if historic districts are involved) and makes recommendation to city council; council takes final action. Annexation Element Planning commission makes recommendation to city council; council takes final action.
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Recommendation and Action Process (unless council decides to consider and act upon Type of Amendment an amendment without prior referral to an advisory body) Utilities Element Planning commission makes recommendation to city council; council takes final action. Conservation Element Planning commission makes recommendation to city council; council takes final action. Transportation Element Planning commission and shorelines board (if shorelines jurisdiction is involved) collaborate in making makes recommendation to city council; council takes final action. Capital Facilities Planning commission consults with and shorelines Element board (if shorelines jurisdiction is involved), parks and recreation board (if parklands are involved), and landmark preservation board (if historic districts are involved); and planning commission makes recommendation to city council; council takes final action. All Subarea Elements Planning commission consults with and shorelines board (if shorelines jurisdiction is involved), parks and recreation board (if parklands are involved), and landmark preservation board (if historic districts are involved); planning commission makes collaborate in making recommendation to city council; council takes final action.
Amendments to Development Regulations Title 11, Administration Planning commission makes recommendation to of Development city council; council takes final action. Regulations Title 12, Zoning Planning commission makes recommendation to city council; council takes final action.
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Amendments to Development Regulations Title 13, Shoreline Shorelines board makes recommendation to city Management council; council takes final action. Title 14, Environment Planning commission consults with and shorelines board (if shorelines jurisdiction is involved) collaborate in making and makes recommendation to city council; council takes final action. Title 15, Subdivisions Planning commission makes recommendation to city council; council takes final action. Title 17, Transportation Planning commission makes recommendation to city council; council takes final action. Title 18, Utilities Council takes final action (no advisory body Infrastructure recommendation) Planning commission makes recommendation to city council; council takes final action. Title 20, Buildings and Council takes final action (no advisory body Construction recommendation); except that the planning commission makes a recommendation to city council concerning any amendments to Chapter 20.20 BMC, Billboards, and the council takes final action. Title 21, Development Council takes final action (no advisory body Impacts recommendation). Title 22, Landmark Landmark preservation board consults with planning Preservation commission and makes recommendation to city council; council takes final action.
B. The comprehensive plan shall be amended no more often than once each calendar year, except that amendments may be considered more frequently for the initial adoption of a subarea plan, the adoption of a shoreline master program, amendments to the capital facilities element occurring concurrently with the adoption of the city budget, in cases of emergency, or to resolve an appeal of an adopted comprehensive plan filed with a Growth Management Board or with the court.
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C. Suggested amendments shall be considered by the city council or applicable advisory body, in public hearings, public meetings, workshops, and other settings as warranted to ensure that each suggested amendment is thoroughly deliberated. All recommendations concerning suggested comprehensive plan amendments shall be considered concurrently by the city council subject to the exceptions set forth in subsection B of this section.
D. Where amendments to both a plan and development regulations are suggested, or where an amendment to the comprehensive plan would be implemented by an amendment to the development regulations, such amendments may be considered concurrently.
Section 4. BMC 12.04.020 is hereby amended as follows as follows, with deleted text shown in strikethrough; all other provisions of this section shall remain unchanged and in full force:
12.04.020 Zoning classifications.
In order to regulate the use of land and structures, the city is divided into the following land use zoning classifications. The development potential of any individual property under these zoning classifications shall be based on the net buildable area of that property, and shall be further subject to planned unit development provisions, availability of necessary utilities, critical area regulations, impact mitigation and other applicable development policies, regulations and standards. For the purposes of this title, “net buildable area” means gross land area, measured in acres, minus land area in roads and other rights-of-way, surface/storm water retention/detention/water quality facilities, critical areas, critical area buffers, and land dedicated to the city.
Name Symbol
Agricultural AG
Residential, 40,000 square foot minimum lot size R 40,000 Residential, 9,600 square foot minimum lot size, except as may be R 9,600 allowed under lot size averaging regulations set forth in BMC 12.14.030(B) Residential, 8,400 square foot minimum lot size R 8,400
Residential, 7,200 square foot minimum lot size R 7,200
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Residential, 5,400 square foot minimum lot size, detached R 5,400d Residential, one dwelling unit per 5,400 square feet of net buildable R area, attached or detached 5,400a Residential, one dwelling unit per 4,000 square feet of net buildable R 4,000 area Residential, one dwelling unit per 2,800 square feet of net buildable R 2,800 area Residential – Activity Center (no specific density; number of units R-AC controlled by site and building envelope regulations) Office-Professional OP
Neighborhood Business NB
Community Business CB
General Commercial GC
Light Industrial LI
Specialized Senior Housing Overlay SSHO
Mobile/Manufactured Home Park Overlay MHP
Motor Vehicle Sales Overlay MVSO
North Creek Protection Area NCPA
Zoning classifications are applied separately (e.g., R 2,800) where one category of land use is determined to be appropriate as designated by the Imagine Bothell... Comprehensive Plan, and in combination (e.g., R 2,800, OP, CB) where more than one category of land use is determined to be appropriate as designated by the plan. When used in combination, the most permissive regulations of the combined zones shall apply, unless specifically provided otherwise.
Section 5. Subsection B of BMC 12.14.030 is hereby amended as follows, with new text shown by underline; all other provisions of this section shall remain unchanged and in full
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force, including subsections (B)(4) through (B)(11),which have not been included within this ordinance, as no changes were made to those sections; skipped sections are indicated by three asterisks (* * *):
12.14.030 Residential area and dimensions.
* * * (B). Notes.
1. General Notes.
a. Where a district combines multiple zoning classifications (e.g., R-AC, OP, CB), the most permissive standards of the individual zoning classifications shall apply.
b. Development standards may be modified through the planned unit development process. See Chapter 12.30 BMC.
c. Development standards for mobile/manufactured home parks are contained in Chapter 12.08 BMC.
2. Single-Family Minimum, Average and Maximum Lot Area.
a. In the R 40,000, R 8,400, R 7,200 and R 5,400d zones, no lot shall be less than the minimum lot area per single-family dwelling unit, except as may otherwise be permitted under an approved planned unit development, in accordance with Chapter 12.30 BMC or under Fitzgerald/35th Avenue SE Subarea regulations in accordance with Chapter 12.52 BMC. No more than one primary dwelling unit shall be placed on a lot. Rounding up to attain the minimum lot area is not permitted.
b. In the R 9,600 zone, subdivisions shall achieve an average of no less than 9,600 square feet per lot, except as may be otherwise permitted under an approved planned unit development, in accordance with Chapter 12.30 BMC or under Fitzgerald/35th Avenue SE Subarea regulations in accordance with Chapter 12.52 BMC. That is, the total area of all lots within a proposed subdivision divided by the number of lots shall amount to an average lot area of at least 9,600 square feet. Twenty percent of the lots in a subdivision may be smaller than 9,600 square feet, but no lot shall be smaller than 8,400 square feet, nor larger than 14,400 square feet. No more than one primary dwelling unit shall be placed on a lot. Rounding up to attain the minimum lot area is not permitted.
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c. In order to promote efficient use of land, no subdivision shall contain any lot having more than one and one-half times the minimum lot area, in the R 40,000, R 8,400, R 7,200 and R 5,400d zones, or one and one-half times the average lot area, in the R 9,600 zone (i.e., 14,400 square feet), except as follows:
(1) Any subdivision of four lots or fewer may contain larger lots, but the property lines of such a subdivision shall be laid out so as to allow future subdivisions which comply with this subsection;
(2) A subdivision of five or more lots may contain larger lots to accommodate phasing of the subdivision; provided, that at completion of all phases, the subdivision complies with this subsection;
(3) A subdivision of five or more lots may contain a larger lot to permit the preexisting house and any related outbuildings and grounds to be retained intact on one property;
(4) These maximum lot size regulations do not apply to any common tracts for critical area protection, open space retention, storm water retention/detention or other purposes as may be required by the city as a condition of subdivision approval.
d. Land area in roads and other rights-of-way, critical areas, critical area buffers, or land dedicated to the city, shall not be included in any proposed single- family lot, unless so stated in the conditions of an approved planned unit development, in accordance with Chapter 12.30 BMC.
e. Land in an access easement, utility easement, or other form of easement which is not set aside as a separate tract shall be counted as part of the area of a parcel for the purpose of calculating minimum lot area.
3. Multifamily Minimum and Maximum Density.
a. In the R 5,400a through R 2,800 zones, one dwelling unit shall be allowed for each whole number multiple of the stated minimum land area per multifamily dwelling unit except as otherwise may be permitted under an approved conditional use permit for specialized senior housing, in accordance with Chapter 12.10 BMC. Only whole numbers may be credited toward unit count. Rounding up is not permitted.
b. In order to promote efficient use of land, no multifamily development shall contain fewer units than would result if the total number of units were calculated at one and one-half times the minimum land area per multifamily
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dwelling unit for the zoning classification in which the subject property is located, except as follows:
(1) The total number of units may be fewer than as required above if the development is proposed to be phased; provided, that at completion of all phases, the development complies with the above requirements;
(2) These minimum density regulations do not apply to any multifamily/commercial combination zoning classification (e.g., R 2,800, OP, CB);
(3) These minimum density regulations do not apply to any common tracts for critical area protection, open space retention, storm water retention/detention or other purposes as may be required by the city as a condition of development approval.
c. In the R 5,400a through R 2,800 zones, land area in critical areas, critical area buffers, or land dedicated to the city shall not be counted in the calculation of number of units or offspring lots allowed, unless so stated in the conditions of an approved planned unit development, in accordance with Chapter 12.30 BMC.
d. Land in an access easement, utility easement, or other form of easement which is not set aside as a separate tract shall be counted as part of the area of a parcel for the purpose of calculating number of units allowed.
* * *
Section 6. A portion of BMC 12.22.020, specifically the definition for “sign height” applicable to chapter 12.22 BMC, is hereby amended as follows, with new text shown by underline, also to include a new illustrative figure to be labeled Figure 12.22.020-1; all other provisions of this section shall remain unchanged and in full force; skipped sections are indicated by three asterisks (* * *):
12.22.020 Definitions
* * *
“Sign height” is the vertical distance from the City-approved finish grade below the sign to the uppermost element of the entire sign structure including any base or foundation, as illustrated below.
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Figure 12.22.020-1
* * *
Section 7. BMC 12.30.050 is hereby amended as follows, with new text shown by underline; all other provisions of this section shall remain unchanged and in full force:
12.30.050 Permissive modifications in regulations – Non-single-family PUDs.
Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.030:
A. When a non-single-family PUD proposes attached dwelling units and the subject property(s) contains different zoning classifications that have different dwelling unit per acre amounts, the total number of dwelling units allowed within the PUD may be determined by calculating the number of dwelling units allowed within each zoning classification portion of the PUD and adding the allowed dwelling units together creating a total number of allowed dwelling units, except as may be modified under BMC 12.30.075.
B. The number of units arrived at by the method identified above may be located anywhere within the planned unit development, subject to the PUD approval process set forth in this chapter.
Section 8. BMC 12.30.070 is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough; all other provisions of this section shall remain unchanged and in full force: Page 14 of 24
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12.30.070 Permissive modifications in regulations – Clustered subdivisions and attached residential PUDs.
Clustered subdivision and attached residential PUDs shall be subject to the following limitations in modification of regulations in addition to those the applicable limitations set forth in BMC 12.30.030, 12.30.040 and 12.30.050:
A. For clustered subdivision PUDs, the minimum lot area as required in Chapter 12.14 BMC within the R 5,400d, R 7,200, R 8,400 and R 9,600 zoning classifications may be reduced up to 50 percent.
B. For clustered subdivision PUDs, the minimum lot area as required in Chapter 12.14 BMC within the R 40,000 zoning classification may be reduced up to 60 percent.
C. For clustered subdivision PUDs, the minimum lot circle diameter as required in Chapter 12.14 BMC within the R 5,400d, R 7,200, R 8,400 and R 9,600 zoning classifications may be reduced up to 50 percent.
D. For clustered subdivision PUDs the minimum lot circle diameter as required in Chapter 12.14 BMC within the R 40,000 zoning classification may be reduced up to 60 percent.
E. The number of lots in a clustered subdivision PUD shall be subject to the following lot yield methodology:
1. The net buildable area of the development site shall be determined pursuant to BMC 12.14.030(B)(3) wherein land area in roads and other rights-of-way, critical areas, critical area buffers, or land dedicated to the city for other purposes shall be deducted from the gross site area;
2. To determine the number of allowed lots upon the subject property, the net buildable area shall be divided by the underlying zoning classification’s minimum lot area thereby deriving the number of allowed lots using whole numbers only. Rounding up is not permitted;
3. Portions of the net buildable area placed into a dedicated open space tract pursuant to subsection J of this section shall be credited toward the allowed lot yield calculation; and
4. An increase in the number of allowed lots for clustered subdivisions PUDs shall be permitted consistent with subsection (JK)(1)(bc) of this section.
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F. For attached residential PUDs, the number of dwelling units within the R 2,800, R 4,000 and R 5,400a zones shall be subject to BMC 12.14.030(B)(3) and the following:
1. Portions of the net buildable area placed into a dedicated open space tract pursuant to subsection (K) of this section shall be credited toward the allowed unit yield calculation; and
2. An increase in the number of allowed dwelling units for attached residential PUDs shall be permitted consistent with subsection (K)(1)(d) of this section.
GF. Side and Rear Yard Setbacks. Side and rear yard setbacks may be modified consistent with BMC 12.30.030(B).
HG. Front Yard Setbacks. Front yard setbacks for individual lots may be modified consistent with BMC 12.30.040(D).
IH. Building Coverage. The maximum building coverage percentage within the R 9,600, R 8,400, R 7,200 and R 5,400d zoning classifications for each residential lot within a clustered subdivision PUD may be increased up to 45 percent of the lot area; provided, however, that the total building coverage allowed on the total development site shall be no greater than 35 percent of the net buildable area of the development site.
JI. Hard Surface Cover. The maximum hard surface cover for each residential lot within a clustered subdivision PUD may be increased consistent with the schedule below; provided, however, that the maximum amount of hard surface coverage shall be no greater than that established for the underlying zoning classification as applied to the net buildable area of the development site:
1. R 40,000 Zone. No increase in hard surface coverage is allowed;
2. R 9,600 Zone. Hard surface coverage placed within individual lots may increase from 45 percent up to a maximum of 55 percent;
3. R 8,400 Zone. Hard surface coverage placed within individual lots may increase from 50 percent up to a maximum of 60 percent;
4. R 7,200 Zone. Hard surface coverage placed within individual lots may increase from 65 percent up to a maximum of 75 percent; and
5. R 5,400d Zone. Hard surface coverage placed within individual lots may increase from 70 percent up to a maximum of 80 percent.
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KJ. Open Space Preservation. Clustered subdivision and attached residential PUDs shall reserve a portion of the site as dedicated, permanent open space not available for future development consistent with the following criteria:
1. Amount and Minimum Dimension of Land to Be Preserved.
a. All clustered subdivision PUDs shall provide for a minimum of 10 percent of the net buildable area of the site to be placed within a dedicated tract or tracts containing intact forest, rehabilitated or restored forest, a forest equivalent surface water facility, as defined herein, a tree preservation, or another type of passive open space tract to be preserved in perpetuity consistent with the provisions of subsection (LJ)(3) of this section;
b. Land preserved under this section shall meet the following dimensional standards:
(1) All open space tracts for clustered subdivision PUDs shall provide an average horizontal dimension equal to 50% of the underlying zoning minimum lot circle diameter with a minimum horizontal dimension of 20 feet;
(2) All open space tracts for clustered subdivision PUDs shall cover an area that is at least 50% of the minimum lot area of the underlying zoning classification;
(3) All open space tracts for attached residential PUDs shall provide an average horizontal dimension of at least 25 feet with a minimum dimension of 15 feet; and
(4) All open space tracts for attached residential PUDs shall cover an area that is at least equal to the underlying zoning classification minimum land area per dwelling unit
cb. For clustered subdivision PUDs, the city may approve an increase in the number of lots beyond the number established by the allowed lot yield method of subsection E of this section provided additional land is placed within a dedicated tract containing intact forest, rehabilitated or restored forest, forest equivalent surface water facility as defined herein, a tree preservation, or other type of passive open space, which tract is to be preserved in perpetuity consistent with the provisions of subsections (J)(2) and (3) of this section, consistent with the following schedule:
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(1) Preserving at least 15 percent of the net buildable area as open space tract consistent with this section, an increase of 10 percent of the calculated lot yield; or
(2) Preserving at least 20 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 15 percent of the calculated lot yield; or
(3) Preserving at least 25 percent of the net buildable area with an open space tract consistent with this chapter, an increase of 20 percent of the calculated lot yield; or
(4) Preserving at least 30 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 25 percent of the calculated lot yield.
d. For attached residential PUDs, the city may approve an increase in the number of dwelling units beyond the number established by BMC 12.14.030(B)(3) provided additional land, not including recreation area as required under chapter 12.20 BMC, is placed within a dedicated tract consistent with subsections (K)(2) and (K)(3) of this section, and the following schedule:
(1) Preserving at least 20 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 10 percent of the calculated dwelling unit yield; or
(2) Preserving at least 25 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 15 percent of the calculated dwelling unit yield; or
(3) Preserving at least 30 percent of the net buildable area with an open space tract consistent with this chapter, an increase of 20 percent of the calculated dwelling unit yield; or
(4) Preserving at least 40 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 25 percent of the calculated dwelling unit yield.
2. Type of Land to Be Preserved as Open Space. The type of open space shall be based upon the following hierarchical preferences. Applicants shall demonstrate that all reasonable efforts have been made to design the development in a manner that preserves the types of lands listed herein consistent with these hierarchical priorities preferences:
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a. Intact forest areas as defined within Chapter 11.02 BMC;
b. Rehabilitated or restored forest areas as defined within Chapter 11.02 BMC;
c. Lands containing existing trees preserved pursuant to Chapter 12.18 BMC;
d. Lands adjacent to critical area buffers which are also enhanced pursuant to Chapter 14.04 BMC;
e. Lands used for forest equivalent surface water facilities, provided such facilities shall be limited to bio-infiltration or surface water dispersion into forest lands;
f. Lands used for passive recreational open space purposes may contain trails, picnic tables, benches, and open lawn areas; provided, that existing significant trees shall not be removed to create open lawn areas and/or other passive recreational uses. Up to 20 percent of the passive recreational open space area may be used for active recreation uses such as playgrounds, tot lots, sports courts, playfields, shelters, gazebos, and other active recreation open space uses.
All passive and active recreational open space areas shall be accessible to residents of the development via dedicated access tracts or easements that are at least 10 feet in width; and
g. Lands used for passive open space purposes containing trails, picnic tables, benches, and other passive recreational uses, provided such areas are accessible to residents of the development via access tracts or easements that are at least 10 feet in width.
3. All lands preserved as open space shall be placed into a separate and permanent open space tract as follows:
a. All open space tracts shall be recorded on all documents of title of record for all affected lots.
b. Open space tracts shall be designated on the face of the plat or recorded drawing in a form as approved by the city attorney and shall be placed within an individual tract. The designation shall include the following restrictions:
(1) The stated purpose of the open space tract shall be clearly indicated. For example, if the open space tract is adjacent to a critical area, the tract shall stipulate the purpose is to prevent harm to the environment,
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including, but not limited to, controlling surface water runoff and erosion, buffering, protecting plants, fish, and animal habitat, etc. If the purpose is to preserve existing mature trees and other plant materials, the tract shall stipulate that trees may not be removed except as needed to protect the health, safety and welfare of adjacent residential structures as reviewed and authorized by the city of Bothell; and
(2) The right of the city to enforce the terms of the restriction.
c. The city may require that the open space tract be held for its stated purpose in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association or other legal entity (such as a land trust or authorized entity, which ensures the ownership, maintenance, and protection of the tract).
d. Statements shall be included which provide that the open space tract shall not be subject to future development or alteration except for maintenance of the tract for its intended purpose or for other common activities associated with the purpose of the tract.
LK. Clustered subdivision PUDs within the R 40,000, R 9,600, R 8,400, R 7,200, and R 5,400d zones may allow attached residential developments such as townhouses or other types of attached residential development, provided the dwelling unit is contained within its own individual lot, subject to the following additional requirements:
1. At least 40 percent of the net buildable area is preserved within a permanent open space tract as described in subsections (KJ)(2) and (3) of this section;
2. All buildings containing three or more dwelling units shall be set back from the perimeter of the development as described within BMC 12.30.030(A) a minimum of 30 feet and shall install a Type III landscape buffer. Should the development contain both attached and detached residential buildings, the portion of the site that contains detached residential buildings may apply the 20-foot perimeter setback dimension of BMC 12.30.030(A);
3. Attached residential buildings shall comply with the requirements of BMC 12.14.200, Exterior building design – Multiple-family residential; and
4. Increases in the lot yield for attached residential dwelling units as established under subsection KJ of this section shall be limited to a maximum of a 20 percent increase in lot or dwelling unit yield.
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ML. Clustered subdivision and attached residential PUDs are eligible for modifications to the Bothell Design and Construction Standards and Specifications as adopted in BMC 17.02.010 in accordance with the same modifications available for a green PUD as described within BMC 12.30.060(G).
Section 9. BMC 12.56.030 is hereby amended as follows, with new text shown by underline and deleted text shown in strikethrough, and a new figure is adopted, to be labeled Figure 12.56.030-1; all other provisions of this section shall remain unchanged and in full force:
12.56.030 Subdistricts.
The North Creek Valley special district shall be divided into two subdistricts as follows:
A. Subdistrict A shall comprise all lands zoned R-AC, OP, CB, LI; R 2,800, OP, NB and R-AC, OP, CB, LI, MVSO in the southeast corner of the subarea; and R 2,800, OP, NB in the southeast west corner of the subarea.
B. Subdistrict B shall comprise all lands zoned R 9,600 within the western portion of the subarea and R 2,800, OP in the eastern part of the subarea.
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Figure 12.56.030-1
Section 10. 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 11. 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 thirty (30) days after the later of passage, signature by the Mayor in accordance with the Council’s directive, and publication of an approved summary thereof consisting of the title.
Section 12. CORRECTIONS. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited
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to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
APPROVED:
ANDREW J. RHEAUME 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.: (2019)
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SUMMARY OF ORDINANCE NO. (2019)
City of Bothell, Washington
On the 3rd day of September, 2019, the City Council of the City of Bothell passed Ordinance No. ______(2019). A summary of the content of said Ordinance, consisting of the title, is provided as follows:
AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, AMENDING TITLES 11 AND 12 OF THE BOTHELL MUNICIPAL CODE REGARDING HOUSEKEEPING CODE AMENDMENTS.
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.: (2019)
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Proposed Code Amendments Regarding 2019 Housekeeping Code amendments
Planning Commission Findings, Conclusions and Recommendation
Findings
1. History. This item was initiated by City Council on February 19, 2019 as part of the 2019 Docket of Plan and Code Amendments.
2. Geographic Location. The proposed code amendments would apply City-wide and also within the North Creek /. NE 195 ST Subarea.
3. Proposed Action. The proposed code amendments would implement a number of housekeeping amendments including: A. Determine whether Planned Unit Development (PUD) clustering provisions can be applied to multi-family residential zones. Establish minimum areas and dimensions for open space tracts B. Clarify prohibition on ‘rounding up’ unit and lot yield in Title 12 (Zoning). Rounding up of unit or lot yield which is prohibited under current Plan and Code requirements. C. Amend Title 11 (Administration) to give applicants 180 days to re-submit additional materials requested by City instead of the current 90 days. Complex re-submittals often need more time than 90 days; 180 days matches other permit re-submittals. D. Correct Title 12 (Zoning) requiring deduction of surface water facilities from net buildable area. In 2015 the Plan and Code was amended to allow credit for surface water facilities. The reference in this section was simply missed. E. Clarify subdistrict descriptions in Title 12 (North Creek/NE 195th St. Subarea). Description of subdistricts needs clarification and a map. F. Clarify Title 12 regarding sign height. Code unclear that overall sign height includes base/foundation. G. Amend Title 11 to define “detached condominium units.” Currently there is no definition. H. Amend Title 11 procedures for plan and code amendments to reflect current board and commission review practices and improve consultations.
4. Public Meetings. The Planning Commission held Study Sessions on the proposed Code amendments on May 15, June 5, 2019 and a public hearing June 19, 2019.
5. Public Notice. Public notice for the proposed code amendments was provided through the following methods:
a. Imagine Bothell... notice. The City of Bothell provides a monthly notice to citizens, interested parties and news media describing upcoming meetings and hearings and the topics of those meetings. This notice is provided at the end of the month for the subsequent month’s hearing schedule. The Imagine Bothell… notice also contains contact information.
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Notice of the public meeting dates for the proposed code amendment was published in the May and June 2019 editions of the Imagine Bothell… notice.
b. The Imagine Bothell... notice is sent via e-mail and/or regular U.S. Postal Service mail to all parties who have signed up for the service.
c. The Imagine Bothell... notice is published in the City’s Newspaper of Record.
d. The Imagine Bothell... notice is also posted on the City’s web page at www.ci.bothell.wa.us.
e. The City maintains a number of public notice boards which are placed throughout the City at certain accessible and visible locations. Each of these notice boards contains a plastic box where extra copies of the Imagine Bothell... notice are stored and are available for retrieval by any interested citizen. These boxes are filled with paper copies of the notice each month.
f. The Imagine Bothell… notice is also publicly posted at City Hall, and the Municipal Court Building.
Specific Planning Commission Findings.
6. The Planning Commission makes the following specific findings regarding the proposed Code amendments. These findings are based upon any public testimony the Planning Commission receives during the public hearing, information provided to the Planning Commission by staff, and Planning Commission deliberations. These findings are arranged by individual Code amendment as listed in Finding 3 above:
A. Whether Planned Unit Development (PUD) clustering provisions can be applied to multi-family residential zones. Current language does not provide certainty. The cluster subdivision Planned Unit Development (PUD) under 12.30.070(J)(1)(b) provides incentives in the form of increased lot numbers when developments provide permanent open space areas. Multi-family residential developers have asked for similar incentives if comparable open space is preserved. The current language focuses on single family residential zones.
The Planning Commission makes the following findings: 1. The City should include incentives to encourage the construction of affordable housing which is a desired and important community benefit worthy of investigation. The Planning Commission recommends this topic be considered for placement on the 2020 Docket. 2. It is logical to incentivize preservation of open space within multi-family (attached) residential zones in a similar manner as is done for single family zones. The preservation of open space is an important community goal and policy as expressed within the Comprehensive Plan.
However, the amount of open space needed to be provided to achieve bonus dwelling units should be greater than that of clustered subdivision PUDs because multi-family residential development standards already allow considerable flexibility and bonus
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units should only be allowed in situations where there is a definitive public benefit and the PUD provides a development that, ‘…would not have been provided if no regulations were modified…’ consistent with the purpose of a PUD as articulated within BMC 12.30.010.
3. Development review staff have requested amendments to establish minimum areas and dimensions for open space tracts to avoid long and narrow or very small open space tracts. The Planning Commission finds that requiring minimum dimensions (width) and area (size) equal to 50% of the underlying zones minimum lot circle and minimum lot area is an appropriate method in establishing the proper scale and extent of open space provided by clustered subdivision PUDs.
For attached residential PUDs the Planning Commission is recommending an average dimension similar to the minimum rear yard setback of 25 feet with a minimum dimension of 15 feet. Regarding minimum land area for open space tracts the Commission is recommending a minimum area equal to the minimum land area per dwelling unit of the underlying zone as a way to tie the size of the open space to the scale of the development.
B. Clarify prohibition on ‘rounding up’ unit and lot yield in Title 12 (Zoning). The BMC requires whole numbers when calculating lot or unit count. Despite the clear language that stipulates ‘whole numbers’, applicants continue to seek rounding-up of lot or unit yield. Development Review staff is requesting clearer language indicating that lot and dwelling unit rounding up is prohibited.
The Planning Commission finds that clarification in the Code is consistent with the Comprehensive Plan policy LU-P4.
C. Amend Title 11 (Administration) [11.06.003(D)(1) and (2)] to give applicants 180 days to re-submit additional materials requested by City.. Making application submittal time lines consistent for all of the different permits types (building, grading, right-of-way, conditional use permit, preliminary subdivisions, etc.) is an objective of the City’s Development Services Initiative (DSI) and the Comprehensive Plan policy ED-P22.
The Planning Commission finds that using uniform time periods is an important clarification. Plus, considering the complexity of certain submittal requirements extending the time for re-submittal should be 180 days. Further, it is appropriate to include a provision that allows additional time to accommodate extensive special studies, potential legal actions and other influences that are outside the control of an applicant.
D. Correct Title 12 (Zoning) [12.04.020] requiring deduction of surface water facilities from net buildable area, which is inconsistent with other sections of the Code and Comprehensive Plan. In 2015, the City removed a requirement to deduct surface water facilities (ponds, vaults, bio-filtrations swales, rain gardens, etc.) from lot area and dwelling unit yield. This was accomplished through a Comprehensive Plan amendment to Land Use Element Policy LU-P4 and Code amendment to 12.14.030.
The language in this section was simply missed and should have been removed in 2015.
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Planning Commission finds it appropriate to correct this missed deletion to be consistent with the Comprehensive Plan and other Code citations.
E. Clarify subarea descriptions in Title 12 (North Creek/NE 195th St. Subarea) [12.56.030]. Description of subareas needs clarification and mapping. The North Creek / NE 195h ST Subarea contains two subdistricts, ‘A’ and ‘B’ that control building heights and apply specific setback distances. The current descriptions of subdistricts A and B are incorrect.
The Planning Commission finds it is appropriate to amend the Code to correctly describe the subdistricts and revise the zoning map to clearly show the subdistricts.
F. Clarify Title 12.22.020 regarding sign height. Code is unclear that overall sign height includes the base/foundation. Sign applicants tend to measure the height of the sign by excluding the base foundation supporting the sign making a sign taller than intended.
Planning Commission finds that clarification of sign height should include the base/foundation of a sign and an illustration depicting how sign height should be measured is an important addition.
G. Amend Title 11 to define “detached condominium units.” Currently no definition. This housing product is a single structure with a single dwelling unit, defined yards, and other features which has the appearance of a traditional lot by lot residential subdivision. However, these houses are processed as condominiums and are subject to different (multi-family) regulations. A definition is needed.
Planning Commission finds that a definition is needed.
H. Amend Title 11 procedures for plan and code amendments to reflect current structure and practices. Title 11 (11.18.060) identifies roles for City advisory bodies when amending the Comprehensive Plan and Bothell Municipal Code. This section was developed in 1996 during the creation of the City’s first GMA compliant Plan and implementing regulations.
The Planning Commission finds that current Plan and Code amendments processes are more defined but some improvements are needed to improve consultation between boards and to tap into the collective knowledge of the City’s advisory bodies. It is also incumbent upon the City to utilize advisory bodies efficiently and avoid duplication and confusion regarding roles and responsibilities.
Planning Commission finds that clarification is needed to make the consultation process clearer and easier to understand. Definitions of what it means to consult with and provide a recommendation are also important and would improve coordination between advisory bodies.
The Planning Commission is the logical body to provide the overall ‘voice’ to the Comprehensive Plan and development regulations and should continue to be the lead advisory body for amendments to the Comprehensive Plan. However, it is important to take advantage of the expertise of other advisory bodies. For example, the Parks Board
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should be consulted on matters pertaining to the Parks and Recreation Element and the Shorelines Board should be consulted on matters pertaining to the Shorelines Element.
The Planning Commission investigated whether the Commission should continue to provide a recommendation regarding Code amendments to Title 17 Transportation and Title 18 Utilities. The Planning Commission finds that recent amendments to Title 18 Utilities are primarily technical or involve rate changes which do not involve significant policy issues. However, recent amendments to Title 17 Transportation do contain policy implications that should continue to benefit from public engagement and policy review by the Planning Commission.
7. Department of Commerce Review. The proposed Code amendments will be sent to the Department of Commerce upon completion of the Planning Commission review.
8. State Environmental Policy Act (SEPA) Review. The proposed Code amendments will be evaluated for environmental review upon completion of the Planning Commission review.
9. List of Exhibits. No exhibits were submitted to the Planning Commission during the public hearing.
Conclusions
1. The potential Code amendments have been drafted, noticed, reviewed by the public and considered by the Planning Commission in accordance with the applicable laws of the State of Washington and the City of Bothell.
2. The potential Code amendments are necessary to provide clarification, remove confusing and cumbersome language, make the regulations internally consistent, and improve permit processing for City Staff, applicants and improve processes for residents.
3. The potential Code amendments are in the best interest of the public health, safety and welfare.
Recommendation
Based upon these findings and conclusions and the entire record, the Planning Commission recommends the City Council adopt the proposed Code amendments which is Exhibit A to these Findings, Conclusions and Recommendations.
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September 3, 2019 Agenda Packet Page 60 of 130 Bothell City Council AGENDA BILL
Meeting Date: September. 3, 2019 Action No Action AB #: 19-135
Subject: Lot A Purchase and Sale Agreement Negotiation
Budget Impact/Source of Funds: The Adopted 2019-2020 Budget includes $1M of revenue from the sale of this property to support General Fund operations. The reduced sale price of $730,000 is offset by another unbudgeted revenue that was received in the biennium. The aforementioned items offset, eliminating the need for a budget adjustment.
Staff Presenter/Department: Jeanie Ashe/Executive Department
Policy Consideration and Connection to Council Goals:
The pertinent policy consideration for Council is to decide if the City should enter into a Purchase and Sale Agreement with Imagine Housing for Lot A for the purchase price of $730,000 with an understanding that the developer’s plan is to build 50-70 affordable housing units.
Specifically, this addresses City Council’s adopted housing strategy policy to “Strive to Meet the city’s proportionate share of countywide housing needs of very low-, low-, and moderate-income housing, in locations throughout the city, and especially in places with good pedestrian access to transit, employment, and shopping (HHS-P15, HHS-P18).”
Background:
After a period of property acquisition, the downtown was divided into parcels and, by 2017, the City sold or entered into Purchase and Sale Agreements for all the City-owned parcels. For a variety of reasons, four properties fell out of contract and the City began a new strategy for the disposition of the remaining four parcels. At the direction of Council, the new strategy included ensuring all four parcels are clean prior to putting on the market for sale and securing the services of a new real estate broker, Kidder Mathews, to market the properties.
A key component to the implementation of Bothell’s downtown redevelopment vision was the purchase and ultimate sale of properties in and around downtown. As the owner, the City has the opportunity to sell the properties and negotiate development agreements that protect the City’s interests and deliver the types of public benefits and mix of uses desired by the community.
Kidder Mathews launched Lot A property offering on April 15, 2019 with a marketing campaign that included an e-blast distribution to targeted prospects and commercial real estate brokers; phone contact with targeted users and investors; signage; website; commercial listings, and; property tours. Offers were due May 31, 2019.
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At the end of the six-week campaign, the Brokers received two insufficient offers. Shortly after May 31st, staff entered into a conversation with Imagine Housing and Kidder Mathews that resulted in the opportunity to negotiate a Purchase and Sale Agreement between the City of Bothell and Imagine Housing (Attachment 1).
Imagine Housing is a developer that builds, owns, and operates affordable rental homes in East King County. Their target demographic for Lot A are individuals and households that earn less than 60 percent of King County’s Area Median Income (AMI). The developer’s plan to build 50- 70 affordable housing units advances City Council’s policy to “Strive to Meet the city’s proportionate share of countywide housing needs of very low-, low-, and moderate-income housing, in locations throughout the city, and especially in places with good pedestrian access to transit, employment, and shopping (HHS-P15, HHS-P18).”
Previous City Actions:
• July 2009: City Council adopted Resolution No. 1237, authorizing the City Manager to market property (including Lot A) for potential sale and/or lease in a commercially reasonable manger and which meets the City’s downtown revitalization efforts. • July 2009: Council adopted Ordinance No. 2024, adding a new chapter to the Bothell Municipal Code, creating procedures for the disposition of City-owned real property. • December 15, 2015: Council declared Lot A surplus via resolution and approved the original Purchase and Sale Agreement (PSA) and Development Agreement (DA). • April 29, 2016: WRES (the buyer) allowed the due diligence period to expire due to problems found during the due diligence period. • May 18, 2016: Buyer proposed re-negotiation of PSA. • July 21, 2016: Council approved a revised PSA and DA (the second PSA/DA). • March 31, 2017: Purchase and Sale Agreement expires. • April 18, 2018: Council directed staff to return to City Council for a more comprehensive and visionary discussion for a project that is community focused and involves private sponsors and non-profit partnerships. • October 2, 2018: Council authorized the City Manager to execute a Professional Services Agreement for Real Estate Broker Services for Lot A, D, EFG, and P South.
Discussion:
The unique nature of the development of affordable housing requires low-income housing developers rely on heavily on loans, grants, and public programs. To be eligible for these types of funding sources, affordable housing agencies must have “site control”. The City prepared a standard property Purchase and Sale Agreement, which Imagine Housing is currently reviewing and if finalized, qualifies as “site control” for Imagine Housing’s grant applications. Staff’s goal is to continue negotiations with Imagine Housing and ultimately come to agreement so Imagine Housing can meet a grant deadline of September 9, 2019. Council is being asked to consider the attached draft Purchase and Sale Agreement and authorize the City Manager to complete the negotiations without substantive changes to the terms of the agreement.
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The attached draft Purchase and Sale Agreement reflects a purchase price of $730,000 and terms that support the development of a multifamily low-income housing project including:
• Lot A to be sold as is • The due diligence period is 180 days to allow the buyer to conduct their due diligence, apply for grants, and obtain the approval of the Washington Department of Transportation (WSDOT) for a second site access • Buyer will pursue WSDOT’s approval at their expense and the City is not obligated to pay for any access improvements • An extended 180-day due-diligence period will be granted for the purpose of pursuing a second access and grant funding if needed.
Category: New Business
• Staff Presentation • Council Questions/Discussion • Motion to Approve Recommended Action • Council Vote on Recommended Action
Attachments:
1. Draft Purchase and Sale Agreement Lot A between the City of Bothell and Imagine Housing
Recommended Action:
Approve the draft Purchase and Sale Agreement as presented and authorize the City Manager to continue negotiations with Imagine Housing and sign a final Purchase and Sale Agreement for Lot A in substantially the same form.
City Manager Approval: Date: 08/28/2019
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September 3, 2019 Agenda Packet Page 64 of 130 Att-1
PURCHASE AND SALE AGREEMENT (LOT A)
by and between
CITY OF BOTHELL, a Washington municipal corporation,
as “Seller”
and
IMAGINE HOUSING, a Washington nonprofit corporation
as “Buyer”
Dated: September _____, 2019
502404829 v1 September 3, 2019 Agenda Packet Page 65 of 130 TABLE OF CONTENTS Page
Purchase and Sale ...... 1 1.1 The Property...... 1 Purchase Price...... 2 2.1 Purchase Price ...... 2 2.2 Earnest Money ...... 2 The Building ...... 3 Escrow; Closing ...... 3 4.1 Escrow...... 3 4.2 Closing; Closing Date ...... 3 4.3 Buyer’s Deliveries ...... 3 4.4 Seller’s Deliveries ...... 3 4.5 Proof of Authority ...... 3 4.6 Other Documents ...... 4 4.7 Possession ...... 4 4.8 Disbursement and Other Actions ...... 4 Conditions Precedent to Closing ...... 4 5.1 Buyer’s Conditions ...... 4 5.2 Seller’s Conditions ...... 7 Evidence of Title ...... 7 6.1 Commitment ...... 7 6.2 Issuance of Policy ...... 8 Representations and Warranties ...... 8 7.1 Seller ...... 8 7.2 Buyer ...... 9 7.3 Changes in Representations and Warranties ...... 9 As Is ...... 9 Environmental Issues ...... 11 9.1 Contamination ...... 11 9.2 Buyer’s Release, and Waiver of Claims ...... 11 9.3 Seller’s Release and Waiver of Claims ...... 12 9.4 Rights Reservation ...... 12 Costs and Expenses ...... 12 Condemnation ...... 13 Legal and Equitable Enforcement of this Agreement ...... 13 12.1 Default by Seller ...... 13 12.2 Default by Buyer ...... 13 Termination for Failure of Condition ...... 14
i 502404829 v1 September 3, 2019 Agenda Packet Page 66 of 130 Notice ...... 14 Time of Essence ...... 15 Governing Law; Jurisdiction...... 15 Counterparts ...... 15 Captions ...... 15 Assignability ...... 15 Binding Effect ...... 16 Modifications; Waiver ...... 16 Entire Agreement ...... 16 Fair Construction; Severability ...... 16 Survival ...... 16 No Personal Liability of Officers or Directors...... 16 25.1 Seller ...... 16 25.2 Buyer ...... 16 No Third Party Rights ...... 17 Brokers ...... 17 Business Days; Computation of Time ...... 17 Attorneys’ Fees ...... 17
List of Exhibits Exhibit A Legal Description of Property Exhibit B Form of Earnest Money Note Exhibit C Form of Deed Exhibit D List of Reports Delivered to Buyer Exhibit E Form of Access Agreement
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PURCHASE AND SALE AGREEMENT (LOT A)
THIS PURCHASE AND SALE AGREEMENT (LOT A) (this “Agreement”) is dated as of September _____, 2019 (the “Effective Date”) by and between the CITY OF BOTHELL, a Washington municipal corporation (“Seller”), and IMAGINE HOUSING, a Washington nonprofit corporation (“Buyer”). This Agreement is made with reference to the following recitals:
Recitals
A. Seller owns the Property (as defined below), which is commonly known as Lot A or Parcel 2 of Boundary Line Adjustment No. 2014-05666 recorded under AFN 20150819900001 in King County, Washington in Bothell.
B. Buyer desires to purchase the Property (as defined below) to develop it into an affordable multifamily housing project with parking (the “Project”). Seller supports having more affordable housing in the City of Bothell. The parties have deemed it beneficial to enter into a negotiated sale transaction whereby Buyer will acquire and develop the Property.
C. To facilitate the Project, Buyer wishes to obtain the approval of the Washington Department of Transportation (“WSDOT”) for a second site access (for a left turn out of the Property) with signalized control and Highway 522 channelization (collectively, the “Access Improvements”).
D. Seller has determined that it has no current or future need for the Property, that it would be put to a higher or better use for the community at large if sold to Buyer and thus Seller has declared the Property surplus to its needs and has approved of the sale of the Property, all on the terms and conditions of this Agreement and BMC § 2.94.
E. Seller wishes to sell, and Buyer wishes to buy, the Property subject to the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, in consideration of the foregoing promises, and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
Purchase and Sale.
1.1 The Property. In consideration of their mutual covenants set forth in this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase and accept from Seller, for the Purchase Price (as defined in Section 2.1) and on the terms and conditions set forth in this Agreement, the following:
That certain real property more particularly described in Exhibit A attached hereto (the “Land”).
502404829 v1 September 3, 2019 Agenda Packet Page 68 of 130 All rights, covenants, interests, privileges and easements appurtenant to the Land, including without limitation all minerals, oil, gas and other hydrocarbon substances on the Land, all development rights, air rights, water, water rights and water stock relating to the Land, and any and all easements, rights-of-way and other appurtenances used in connection with the beneficial use and enjoyment of the Land (collectively, the “Appurtenances”).
Any improvements located on the Land, including, without limitation, any buildings, utility systems and monitoring well facilities on the Land (collectively, the “Improvements”).
There is one vacant building (the “Building”) on the Land. No personal property is included in the transaction provided for herein. The Land, the Appurtenances and the Improvements are sometimes collectively referred to as the “Property.”
Purchase Price.
2.1 Purchase Price. The purchase price for the Property is ______and No/100 Dollars ($______) (the “Purchase Price”), payable in cash at Closing. Not later than 10:00 a.m., Pacific time, on the Closing Date (as defined in Section 4.2), Purchaser shall deposit with the Escrow Holder (as defined in Section 2.2), via wire transfer, the Purchase Price, less the Deposit and, if applicable, the Extension Fee, together with Buyer’s share of closing costs and prorations.
2.2 Earnest Money. Upon execution of this Agreement, Buyer shall execute a promissory note in the amount of Twenty Thousand Dollars ($20,000) in the form attached hereto as Exhibit B (the “Earnest Money Note”). The Earnest Money Note shall be held by First American Title Insurance Company, 920 Fifth Avenue, Suite 1200, Seattle, Washington 98104, by and through Laura Lau, as the Escrow Holder hereunder (“Escrow Holder” or the “Title Company”). Not later than 5:00 p.m. on the fifth (5th) Business Day after the Effective Date, Buyer shall replace the Earnest Money Note with cash in the amount of Twenty Thousand Dollars ($20,000) to be held as the earnest money deposit hereunder (the “Deposit”). If Buyer does not timely deposit cash in the amount of the Deposit, then Buyer shall be in material default hereunder and Seller may terminate this Agreement upon written notice to Buyer.
The Deposit shall be applicable to the Purchase Price. The Deposit shall be nonrefundable, except that the Deposit shall be refunded to Buyer in the event that (i) one of Buyer’s Conditions Precedent (as defined in Section 5 below) is not satisfied within the time period applicable to such condition, (ii) the transaction fails to close due to a default on the part of Seller, or (iii) the transaction fails to close through no fault of the Buyer. The Deposit shall be held in an interest bearing account, with interest being included with the Deposit and going to the benefit of the party entitled to the Deposit at Closing or other termination of this Agreement.
2 502404829 v1 September 3, 2019 Agenda Packet Page 69 of 130 The Building. The Building, which is now vacant, is in derelict condition and unsafe to enter. The Building is dangerous, yellow tagged and will need to be demolished as part of any redevelopment of the Property. Seller shall have no obligation to keep the Building clear of vagrants or other unpermitted occupants or to repair any damage to the Building. Seller may in its sole and absolute discretion remove the Building before Closing but shall have no obligation to do so. Pursuant to the Access Agreement (defined below), Buyer and its consultants will have access to the Property for the Inspections (as defined below) (accompanied by a City of Bothell employee for entry into the Building). Buyer acknowledges and agrees that any entry onto the Property and into the Building shall be at the sole risk of those entering the Property or Building and Seller shall have no liability of any kind for any loss, claims, liability or damage, including injury to persons or property resulting from entry onto the Property or in or about the Building.
Escrow; Closing.
4.1 Escrow. Buyer and Seller hereby appoint the Escrow Holder to hold the escrow and conduct the Closing under this Agreement. Buyer and Seller shall execute and deliver to Escrow Holder such instructions as may be necessary or convenient to implement the terms of this Agreement and close the transaction contemplated by this Agreement, provided that they are not inconsistent with the terms of this Agreement.
4.2 Closing; Closing Date. The consummation of the purchase and sale of the Property (the “Closing”) shall take place on (i) the thirtieth (30th) day after the end of the Due Diligence Period or, if applicable, the Extended Due Diligence Period, and (ii) such earlier date as the parties may mutually agree (as the same may be extended, the “Closing Date”).
4.3 Buyer’s Deliveries. At or before Closing, Buyer shall deposit into Escrow the following items:
funds transmitted by wire transfer in the amount of the Purchase Price (less the amount of the Deposit and, if applicable, the Extension Fee), together with Buyer’s share of closing costs and prorations, as provided in this Agreement; and
A real estate excise tax affidavit, executed by Buyer.
4.4 Seller’s Deliveries. At or before Closing, Seller shall cause to be delivered into Escrow the following documents:
a bargain and sale deed (the “Deed”) to the Property in the form attached hereto as Exhibit C, subject only to the Permitted Exceptions (as defined in Section 6.1), properly executed and acknowledged on behalf of Seller, and an accompanying excise tax affidavit; and
an executed affidavit by Seller to the effect that Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code of 1986, as amended.
4.5 Proof of Authority. Buyer and Seller each shall deliver such proof of authority and authorization to enter into this Agreement and consummate the transaction
3 502404829 v1 September 3, 2019 Agenda Packet Page 70 of 130 contemplated by this Agreement, and such proof of power and authority of the individual(s) executing and delivering any instruments, documents or certificates to act for and bind such party, as reasonably may be required by the Title Company.
4.6 Other Documents. Buyer and Seller shall deliver such other documents or instruments as are reasonably required to consummate this transaction in accordance with this Agreement, including without limitation closing statements.
4.7 Possession. Seller shall deliver possession of the Property to Buyer at Closing.
4.8 Disbursement and Other Actions. At the Closing, Escrow Holder promptly shall undertake all of the following in the manner indicated:
Funds. Disburse all funds deposited with Escrow Holder by Buyer as follows:
(i) Disburse the Purchase Price to Seller, net of the total amount chargeable to Seller, if any, as the result of prorations and credits pursuant to Section 10.
(ii) Disburse the remaining balance of the funds, if any, to Buyer promptly following the Closing.
Recording. Cause the Deed and any other documents that the parties may mutually direct to be recorded in the Official Records of King County, Washington, and obtain conformed copies thereof for distribution to Buyer and Seller.
Title Policy. Direct the Title Company to issue the Title Policy to Buyer in accordance with Section 6 hereof.
Disbursement of Documents to the Parties. Disburse to each party the counterpart documents per the instructions of the Parties.
Conditions Precedent to Closing.
5.1 Buyer’s Conditions. For Buyer’s benefit (and waivable by Buyer, and only Buyer, at any time), the following are conditions precedent to Buyer’s obligation to consummate this transaction described in this Agreement (“Buyer’s Conditions Precedent”) and must be satisfied or waived by the date or within the time period indicated:
Due Diligence.
(a) Due Diligence Period. From the date hereof through and including March _____, 2020 [180 days] (such period of time, the “Due Diligence Period”), as such period may be extended by the mutual agreement of the parties (administratively, as to Seller). Buyer, in its sole discretion and at its sole expense, shall have the opportunity to inspect and approve the physical condition and use of the Property, the economic feasibility of the Project and any other matters relating to the Property as Buyer elects to undertake (collectively, the “Inspections”),
4 502404829 v1 September 3, 2019 Agenda Packet Page 71 of 130 including without limitation, the availability of financing, WSDOT and Seller approval of the Access Improvements, utility services, zoning, engineering, soils and environmental conditions, status of neighboring projects and a survey (the “Inspection Condition”). The plan for any invasive testing of the Property (including Phase II environmental sampling) shall be subject to Seller’s prior review and approval, not to be unreasonably withheld. The Inspection Condition must be satisfied or waived by the end of the Due Diligence Period.
If for any reason whatsoever Buyer determines that the Property is unsuitable for its purposes in its sole and absolute discretion and notifies Seller of such decision before the end of the Due Diligence Period, then this Agreement shall terminate. If Buyer does not provide written notice to Seller of its approval of this condition by the end of the Due Diligence Period, the Inspection Condition shall not be satisfied and this Agreement shall terminate. In the event of either such termination, Escrow Holder shall promptly return the Deposit to Buyer. If this Agreement does not terminate at the end of the Due Diligence Period, the Inspection Condition shall be considered to have been satisfied and the Deposit shall not be refundable to Buyer by reason of the Inspection Condition.
(b) Extended Due Diligence Period. As a condition of Buyer’s obligation to purchase the Property, Buyer shall have received the written approval of WSDOT as well as Seller for the Access Improvements (the “Access Improvements Condition”). Buyer may pursue those approvals at its sole cost. Seller shall reasonably consider Buyer’s proposal for the Access Improvements but shall be under no obligation of any kind (either as the Seller hereunder or as the permitting authority) to approve Buyer’s plan for the Access Improvements. Seller shall also have no obligation to pay for any of the Access Improvements. Buyer shall present its plan for the Access Improvements to WSDOT and Seller not later than ____, 2019. Buyer shall thereafter diligently pursue such approvals in good faith. If despite its good faith efforts, the Access Improvements Condition is not satisfied before the end of the Due Diligence Period, then Buyer may extend the Due Diligence Period until September ___, 2020 [+180 days] (the “Extended Due Diligence Period”) as provided below.
In addition, as a condition of Buyer’s obligation to purchase the Property, Buyer shall be satisfied regarding the availability of financing for the construction of the Project on terms acceptable to Buyer, as evidenced by the receipt of a commitment or other lender approval for such financing (the “Financing Condition”). Buyer shall diligently pursue obtaining such financing in good faith. If despite good faith efforts, the Financing Condition if not satisfied before the end of the Due Diligence Period, Buyer may also extend the Due Diligence Period for the Extended Due Diligence Period as provided below.
To exercise its right to an Extended Due Diligence Period for the purpose of satisfying the Access Improvements Condition and/or the Financing Condition, not later than ten (10) days before the end of the Due Diligence Period, Buyer shall:
(i) Give written notice to Seller that Buyer is exercising its right to an Extended Due Diligence Period for purposes of satisfying the Access Improvements Condition and/or the Financing Condition (specifying which or both of such conditions remain to be satisfied) (the “Extension Notice”). The Extension Notice must include a statement that, except for the
5 502404829 v1 September 3, 2019 Agenda Packet Page 72 of 130 Access Improvements Condition and the Financing Condition, the Inspection Condition is otherwise satisfied.
(ii) Concurrently with giving the Extension Notice, Buyer shall pay to Seller the amount of Fifteen Thousand Dollars ($15,000) (the “Extension Fee”). The Extension Fee shall be nonrefundable to Buyer but shall be applicable to the Purchase Price.
(iii) Buyer shall not be entitled to the Extended Due Diligence Period if Buyer is in default under this Agreement or the Access Agreement, either at the time of giving the Extension Notice or at the start of the Extended Due Diligence Period.
(iv) Buyer shall diligently pursue satisfaction of the Access Improvements Condition and Financing Condition, as applicable, during the Extended Due Diligence Period.
(c) Access to Property. Until the Closing Date or earlier termination of this Agreement, Buyer and its authorized contractors, engineers, surveyor, appraiser, consultants, employees, lenders and agents shall have the right to enter onto the Property for purposes of undertaking the Inspections. Such entry shall be pursuant to a Site Access Agreement between City and Buyer (the “Access Agreement”) in the form attached hereto as Exhibit E. Buyer agrees to indemnify Seller and to hold Seller, Seller’s agents and employees harmless from and against any and all losses, costs, damages, claims or liabilities including, but not limited to, construction, mechanic’s and material men’s liens and attorneys’ fees, to the extent caused by entry upon the Property, including the conduct of the Inspections, by Buyer or its contractors, consultants, employees or agents under this Section 5.1.1. This indemnity shall survive Closing or termination of this Agreement.
(d) Reports and Disclosure Statement. Seller has previously delivered to Buyer copies of the reports about the physical condition of the Property that were prepared at the request of Seller or that are in Seller’s possession, including environmental and soils reports, which reports are listed on Exhibit D hereto (the “Reports”). Seller disclaims any responsibility for the accuracy of any information contained in the Reports, and Buyer acknowledges that it uses the Reports at its own risk. If this Agreement terminates or the purchase and sale fails to close, Buyer promptly shall return the Reports (and all copies thereof) to Seller.
To the maximum extent permitted by RCW 64.06, Buyer expressly waives its right to receive from Seller a seller disclosure statement as provided for in RCW 64.06 (the “Seller Disclosure Statement”). Seller and Buyer acknowledge that Buyer cannot waive its right to receive the environmental section of the Seller Disclosure Statement (which is contained in Section 6 of the form). Seller will provide the same, with only such environmental section completed by Seller, to Buyer within 5 days after the Execution Date. Nothing in the Seller Disclosure Statement creates a representation or warranty by Seller, nor does it create any rights or obligations in the parties except as set forth in RCW 64.06, as amended. Buyer is advised to use due diligence to inspect the Property to Buyer’s satisfaction, subject to the terms of this Agreement, and Seller may not have knowledge of defects that careful inspection might reveal. Buyer specifically acknowledges and agrees that the Seller Disclosure Statement is not part of this Agreement, Seller has no duties to Buyer other than those set forth in this Agreement, including delivery of the
6 502404829 v1 September 3, 2019 Agenda Packet Page 73 of 130 completed environmental section of the Seller Disclosure Statement, Buyer has no independent cause of action under the Seller Disclosure Statement and specifically and without limitation, Buyer will not have a remedy for economic loss resulting from negligent errors, inaccuracies or omissions on the Seller Disclosure Statement.
Title Policy. On the Closing Date, the Title Company shall be prepared to issue the Title Policy to Buyer as of the Closing Date in accordance with Section 6 of this Agreement.
Representations and Warranties. On the Closing Date, Seller’s representations and warranties contained in Section 7.1 are true and correct, as if made as of the Closing Date, except as provided in Section 7.3.
Seller’s Performance. Seller has duly and timely performed each and every other material obligation to be performed by Seller under this Agreement before Closing.
5.2 Seller’s Conditions. For Seller’s benefit (and waivable by Seller, and only Seller, at any time), the following are conditions precedent to Seller’s obligation to consummate this transaction (“Seller’s Conditions Precedent”) and must be satisfied or waived by the date or within the time period indicated:
Buyer’s Performance. Buyer has duly and timely performed each and every material obligation to be performed by Buyer under this Agreement prior to Closing.
Buyer’s Representations and Warranties. Buyer’s representations and warranties set forth in Section 7.2 are true and correct as if made as of the Closing Date, except as provided in Section 7.3.
Approval of Access Improvements. Buyer shall have obtained Seller’s and WSDOT’s approval of the Access Improvements by the end of the Due Diligence Period or, if applicable, the Extended Due Diligence Period.
Evidence of Title.
6.1 Commitment. Within five (5) days following the Execution Date, Seller shall cause delivery to Buyer of a preliminary title commitment for a standard ALTA owner’s policy of title insurance (“Commitment”), together with the underlying documents forming the basis of the exceptions, issued by the Title Company. Buyer may also obtain an ALTA/NSPS survey of the Property (the “Survey”) during the Due Diligence Period. Buyer shall have until thirty (30) days after the Effective Date to object to any matter disclosed in the Commitment or the Survey by giving written notice (the “Title Defect Notice”) of the objection to Seller. If, after the initial issuance of the Commitment and giving of the initial Title Defect Notice, the Title Company amends the Commitment by adding a new exception thereto, or the Survey reveals any new matters affecting title, Buyer shall be entitled to give a Title Defect Notice to such exception within five (5) Business Days after receipt of the
7 502404829 v1 September 3, 2019 Agenda Packet Page 74 of 130 amendment. Any matters not referenced in a timely Title Defect Notice shall be deemed approved by Purchaser and are referred to herein as “Permitted Exceptions.” Within five (5) Business Days after receiving a Title Defect Notice, Seller shall notify Buyer in writing of any disapproved exception(s) that Seller declines to cure. Thereafter Buyer shall have three (3) Business Days to either waive the exception Seller has declined to cure (which thereafter shall constitute a Permitted Exception) or to terminate this Agreement.
Anything to the contrary in this Agreement notwithstanding, Seller shall have no affirmative obligation to expend any funds or incur any liabilities to cause any title exceptions to be removed from the Commitment (or any update thereto) or insured over, except that Seller shall pay or discharge any lien or encumbrance voluntarily created, permitted or assumed by Seller (except current taxes and assessments) and not created by or resulting from the acts of Buyer or other parties not related to Seller.
6.2 Issuance of Policy. At Closing, the Title Company shall be prepared to issue an standard 2006 ALTA owner’s title insurance policy (“Title Policy”) in the amount of the Purchase Price insuring Buyer and subject only to (a) a lien for real property taxes, not then delinquent; (b) Permitted Exceptions approved or deemed approved by Buyer; (c) matters affecting the condition of title to the Property resulting from the actions or activities of Buyer or created by or with the written consent of Buyer; and (d) matters shown on the Survey.
Representations and Warranties.
7.1 Seller. Seller represents and warrants that as of the date it executes this Agreement:
Seller has the legal power, right and authority to enter into this Agreement and all documents required to be executed by Seller under this Agreement and to consummate the transaction contemplated by this Agreement.
To Seller’s actual knowledge there are no pending or threatened (in writing) actions, suits, arbitrations, claims or proceedings, at law or in equity, adversely affecting the Property or to which Seller is a party by reason of Seller’s ownership of the Property, including any eminent domain proceeding.
Except for any matters shown on the Commitment, Seller has not entered into any leases, licenses, service or maintenance agreements or other contracts or agreements (written or oral) with respect to the ownership, operation, maintenance, use or occupancy with respect to the Property or any portion thereof that would encumber the Property or bind Buyer after Closing.
Seller shall promptly notify Buyer of any new event or circumstance of which Seller has actual knowledge that occurs or arises after the date hereof and that makes any representation or warranty of Seller under this Agreement untrue in any respect that would materially affect Buyer’s development of the Property.
8 502404829 v1 September 3, 2019 Agenda Packet Page 75 of 130 The term “actual knowledge” as used herein means the knowledge of Jennifer Phillips, City Manager of Seller. The foregoing representations and warranties shall be deemed made as of Closing except to the extent modified by a certificate delivered by Seller at Closing notifying Buyer of any changes arising prior to Closing.
7.2 Buyer. Buyer represents and warrants that as of the date it executes this Agreement and as of Closing:
Buyer has the legal power, right and authority to enter into this Agreement and the documents required to be executed by Buyer under this Agreement, and to consummate the transactions contemplated by this Agreement.
All requisite action (corporate, partnership, limited liability company or otherwise) has been taken by Buyer in connection with the entering into this Agreement and the documents required hereby to be executed by Buyer and the consummation of the transactions contemplated hereby.
7.3 Changes in Representations and Warranties. The foregoing representations and warranties are to be made by the parties as of the date hereof and as of the Closing Date. If after the Effective Date and before the Closing Date a party making a representation and warranty (the “Representing Party”) becomes aware of facts that would cause such representation and warranty to be untrue or incomplete, the Representing Party shall notify the other party (the “Nonrepresenting Party”) in writing within five (5) Business Days after discovery of the new facts, and include copies of documents or materials, if any, related to such new facts. If a representation and warranty can no longer be accurately made by the Representing Party and this is (i) due to a state of facts first arising after the Effective Date, (ii) not intentionally caused by the Representing Party, (iii) such new state of facts materially and adversely affects a right, remedy or obligation of the Nonrepresenting Party under this Agreement, prevents a party from performing as required herein, or, in the case of Buyer, the materially increases the costs associated with Buyer’s intended use of the Property or materially decreases value of the Property, then the Nonrepresenting Party may by written notice to the Representing Party elect to terminate this Agreement. In such event, Escrow Holder shall promptly return the Deposit to Buyer and neither party shall have any further obligations hereunder (except as provided in Section 5.1.1). Such election must be exercised within ten (5) Business Days after the Nonrepresenting Party receives the written notice of the new facts from the Representing Party as provided above. During such 5-day period, however, the parties shall negotiate in good faith about possible solutions to address the change in facts (e.g., proposals for courses of actions to cure the issue or price adjustments).
As Is. BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN NEGOTIATED TO REFLECT THE CURRENT CONDITION OF THE PROPERTY, “AS IS” AND “WHERE IS.” BUYER REPRESENTS AND WARRANTS TO SELLER THAT:
9 502404829 v1 September 3, 2019 Agenda Packet Page 76 of 130 (i) BUYER WILL HAVE DILIGENTLY EXAMINED AND INVESTIGATED TO BUYER’S FULL SATISFACTION THE PHYSICAL CONDITION OF THE PROPERTY, SELLER’S DISCLOSURE DOCUMENTATION (IF ANY) AND ALL OTHER MATTERS THAT IN BUYER’S JUDGMENT AFFECT BUYER’S USE OF THE PROPERTY AND BUYER’S WILLINGNESS TO ENTER INTO THIS AGREEMENT PRIOR TO CLOSING.
(ii) EXCEPT AS SET FORTH IN THIS AGREEMENT AND ANY EXHIBITS ATTACHED, NEITHER SELLER NOR ANY REAL ESTATE BROKER, AGENT OR OTHER REPRESENTATIVE OF SELLER HAS MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THIS TRANSACTION OR ANY FACT RELATING THERETO, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PHYSICAL CONDITION OF THE PROPERTY, ACCESS, ZONING LAWS, ENVIRONMENTAL MATTERS, UTILITIES, OR ANY OTHER MATTER AFFECTING THE PROPERTY OR THE USE THEREOF. BUYER IS RELYING AND WILL RELY SOLELY ON SELLER’S REPRESENTATIONS AND WARRANTIES IN SECTION 7.1, IN THE DEED AND BUYER’S OWN INSPECTIONS, TESTS, AUDITS, STUDIES AND INVESTIGATIONS.
(iii) BUYER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, ITS USE, COMPLIANCE WITH LAW OR OTHERWISE RELATING THERETO MADE OR FURNISHED BY SELLER OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, VERBALLY OR IN WRITING, EXCEPT THE REPRESENTATIONS AND WARRANTIES OF SELLER AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE DEED.
(iv) IF BUYER HAS NOT EXERCISED ITS RIGHT TO TERMINATE THIS AGREEMENT AS PROVIDED HEREIN, BUYER SHALL ACCEPT THE PROPERTY “AS IS” AND “WHERE IS” WITH ALL FAULTS AT CLOSING AND, EXCEPT AS SET FORTH IN SECTION 7.1, SECTION 27, THE DEED, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY OF ANY KIND WHATSOEVER BY SELLER, ANY REAL ESTATE BROKER, AGENT OR OTHER REPRESENTATIVES OF SELLER. IF BUYER PURCHASES THE PROPERTY UNDER THIS AGREEMENT, THEN BUYER SHALL BE DEEMED TO HAVE AGREED TO ACCEPT TITLE TO THE PROPERTY SUBJECT TO ANY ENVIRONMENTAL CONTAMINATION DISCOVERED ON THE PROPERTY BEFORE OR AFTER CLOSING AND TO HAVE WAIVED AND RELEASED ITS RIGHT TO RECOVER FROM SELLER, AND ITS COUNCIL MEMBERS, OFFICERS, ATTORNEYS, EMPLOYEES, AND AGENTS OF SELLER AND FROM ANY REAL ESTATE BROKERS OR AGENTS REPRESENTING OR PURPORTING TO REPRESENT SELLER, ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER (INCLUDING ATTORNEYS’ FEES AND COSTS) AND CLAIMS THEREFOR, WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE PHYSICAL CONDITION OF THE
10 502404829 v1 September 3, 2019 Agenda Packet Page 77 of 130 PROPERTY OR ANY LAW, ORDINANCE, OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT LIMITATION, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED (42 U.S.C. SECTIONS 9601 ET SEQ.), THE RESOURCES CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.C. SECTIONS 6901 ET SEQ.), THE CLEAN WATER ACT (33 U.S.C. SECTIONS 466 ET SEQ.), THE SAFE DRINKING WATER ACT (14 U.S.C. SECTIONS 1401- 1450), THE HAZARDOUS MATERIALS TRANSPORTATION ACT (49 U.S.C. SECTIONS 1801 ET SEQ.), THE TOXIC SUBSTANCE CONTROL ACT (15 U.S.C. SECTIONS 2601- 2629), AND THE MODEL TOXICS CONTROL ACT, RCW 70.105D. SUCH WAIVER AND RELEASE SHALL NOT APPLY WITH RESPECT TO ANY RELEASE OF HAZARDOUS SUBSTANCES OR DAMAGE TO THE PROPERTY CAUSED BY SELLER, SELLER’S EMPLOYEES, OFFICERS, COUNCIL MEMBERS OR AGENTS THAT OCCURS AFTER CLOSING AND AFFECTS THE PROPERTY.
Environmental Issues.
9.1 Contamination. The Property may have Hazardous Substances within its boundaries and/or emanating from the Property, including contamination that has not yet been discovered or is otherwise unknown as to nature and extent, and it may be potentially subject to contamination in the future from offsite sources (the “Contamination”). Pursuant to Section 5.1.1, Buyer will be conducting investigations to determine whether it is satisfied with the environmental condition of the Property.
The parties intend that, as between Buyer and Seller, Buyer or its successors will be solely responsible for undertaking any and all remediation of the Contamination after Closing to the extent required by law. Seller will not enter into any agreements before Closing with the state or federal environmental regulatory agencies that would bind Buyer or the Property with regard to any remedial action of Hazardous Substances on the Property or compliance of the Property with Environmental Laws.
The term “Hazardous Substance(s)” as used in this Agreement means any hazardous waste or other substances listed, defined, designated or classified as hazardous, dangerous, radioactive, toxic, solid waste or a pollutant or contaminant in any Environmental Law, including without limitation (a) petroleum products and petroleum byproducts; (b) polychlorinated biphenyls; and (c) chlorinated solvents. The term “Environmental Law” includes any federal, state, municipal or local law, statute, ordinance, regulation, order or rule pertaining to health, industrial hygiene, environmental conditions or hazardous substances, including without limitation the Washington Model Toxics Control Act, RCW ch. 70.105B et seq. and the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. The term “Release” means any intentional or unintentional entry of any Hazardous Substance into the environment, including but not limited to the abandonment or disposal of containers of Hazardous Substances unless permitted by applicable regulations.
9.2 Buyer’s Release, and Waiver of Claims. Effective as of Closing, Buyer shall be deemed to have released and forever discharged Seller, Seller’s employees, officers, council members and agents from any claim or cause of action that Buyer
11 502404829 v1 September 3, 2019 Agenda Packet Page 78 of 130 has or may have that is related to any Contamination or the presence or alleged presence of Hazardous Substances at, below, or emanating from the Property. Except as provided in Section 5.1.1 or the Access Agreement, Buyer shall have no duty to defend or indemnify Seller or any employees, officers, council members or agents of Seller from any claims, causes of actions or liabilities whatsoever asserted against Seller by a third party, including but not limited to claims by a private party or governmental entity alleging loss or seeking contribution or any other relief under any Environmental Law or common law.
9.3 Seller’s Release and Waiver of Claims. Effective as of Closing, Seller shall be deemed to have released and forever discharged Buyer and its employees, directors, partners, members, shareholders, agents, successors and assigns, from any claim or cause of action that Seller has or may have related to any Contamination or the presence or alleged presence of Hazardous Substances at, below, or emanating from the Property as of the Closing Date. This release of claims shall not apply with respect to any Release of Hazardous Substances by Buyer, Buyer’s employees, directors, partners, members, shareholders, agents, successors or assigns that occurs after Closing and affects property owned by Seller adjacent to or in the vicinity of the Property. Seller shall have no duty to defend or indemnify Buyer from any claims, causes of actions or liabilities whatsoever asserted against Buyer by a third party, including but not limited to claims by a private party or governmental entity alleging loss or seeking contribution or any other relief under any Environmental Law or common law.
9.4 Rights Reservation. Notwithstanding the foregoing provisions of this Section 9, upon Closing, Buyer and Seller reserve all their rights and defenses against any non-parties to this Agreement, including but not limited to the right to seek cost recovery or contribution under any Environmental Law, statute or common law, regarding the presence, investigation or cleanup of any Hazardous Substance on, at, under, around or migrating from the Property. In addition, notwithstanding the foregoing, the waivers and releases contained in this Section 9 shall not apply to the extent of third party claims brought against one party alleging an action in violation of an Environmental Law with respect to the Property by the other party.
Costs and Expenses. Seller shall pay (a) the premium for the standard coverage Title Policy, (b) one-half (1/2) of all escrow fees and costs, and (c) Seller’s share of prorations. Buyer shall pay for (d) the costs of the Survey, (e) any recording charges, (f) one-half (1/2) of all escrow fees and costs, and (g) Buyer’s share of prorations. Because Seller is a public entity, no excise tax will be due on the Sale. Buyer and Seller shall each pay their own legal and professional fees and fees of other consultants. The Property is currently exempt from property taxes, so there are no taxes to prorate. All property taxes and assessments arising from and after Closing or attributable to any time after Closing shall be the sole responsibility of Buyer. All other costs and expenses shall be allocated between Buyer and Seller in accordance with the customary practice in the City of Bothell, County of King, and State of Washington. If the transaction is terminated by either party on account of default by the other, the defaulting party shall pay all escrow and title costs billed by the Escrow Holder.
12 502404829 v1 September 3, 2019 Agenda Packet Page 79 of 130 Condemnation. If before the Closing Date any condemnation or eminent domain proceedings are initiated that might result in the taking of all of the Property, then this Agreement shall terminate. If such proceeding proposes to take less than all of the Property, and the portion of the Property to be taken (i) has a value in excess of $50,000, (ii) would take any right of access to the Property, or (iii) is necessary for the development of the Project and the Project cannot be reasonably and economically reconfigured (each, a “Material Taking”), Buyer may:
(a) terminate this Agreement by written notice to Seller whereupon the parties shall proceed in accordance with Section 13 for a termination that is not the fault of either party; or (b) proceed with the Closing, in which event Seller shall assign to Buyer in writing at Closing all of Seller’s right, title and interest in and to any award made in connection with such condemnation or eminent domain proceedings. Seller shall immediately notify Buyer in writing of the commencement or occurrence of any condemnation or eminent domain proceedings. If such proceedings would result in a Material Taking of any of the Property, Buyer shall then notify Seller, within ten (10) days of Buyer’s receipt of Seller’s notice, whether Buyer elects to exercise its rights under clause (a) or clause (b) of this Section 11. Closing shall be delayed, if necessary, until the later to occur of (i) the Closing Date or (ii) five (5) Business Days after the expiration of the 10-day period. If Buyer fails to timely elect to proceed under this Section 11, then Buyer will be deemed to have elected clause (b) above. If a taking is not a Material Taking, the parties shall proceed in accordance with clause (b) above.
Legal and Equitable Enforcement of this Agreement.
12.1 Default by Seller. This Agreement pertains to the conveyance of real property, the unique nature of which is hereby acknowledged by the parties. Consequently, if Seller refuses or fails without legal excuse to convey the Property to Buyer as required by this Agreement, or otherwise defaults in its obligations hereunder, and provided that Buyer is not default in its obligations hereunder, Buyer shall have the right to elect one of the following remedies: (a) specific performance of this Agreement; or, alternatively, (b) to terminate this Agreement upon written notice to Seller and receive a return of the Deposit and, if previously paid to Seller, the Extension Fee, in which case neither party shall have any further obligations to the other hereunder, except for the indemnities expressly stated to survive hereunder and Section 29 concerning attorney’s fees. In no event shall Seller be liable to Buyer for any damages to Buyer, other than the return of the Deposit and, if previously paid to Seller, the Extension Fee if Buyer elects to proceed under clause (b) above.
12.2 Default by Buyer. If Buyer fails without legal excuse to complete the purchase of the Property, the Deposit and, if previously paid to Seller, the Extension Fee shall be forfeited to Seller as liquidated damages which, together with payment by Buyer of any attorney’s fees and enforcement costs due under Section 29 below, is the sole and exclusive remedy against Buyer available to Seller for Buyer’s failure to complete the purchase of the Property as required under this Agreement. In no
13 502404829 v1 September 3, 2019 Agenda Packet Page 80 of 130 event shall Seller be entitled to specific performance against Buyer for such failure. If the Closing fails to occur by reason of Buyer’s default, the parties agree that the damages that Seller would suffer thereby are difficult or impossible to determine. The parties agree that the Deposit and, if applicable, the Extension Fee, are a reasonable estimate of such damages and shall be and constitute valid liquidated damages, and not a penalty, considering all circumstances that exist on the date of this Agreement, including: (1) the relationship of the foregoing sum to the range of harm to Seller that could reasonably be anticipated; and (2) the anticipation that proof of actual damages would be impracticable or extremely difficult to determine. This provision is not intended to apply to obligations that survive a termination of this Agreement, including but not limited to the provisions of Section 5.1.1 or the Access Agreement, and Seller shall be entitled to receive amounts due thereunder in addition to the Deposit and, if applicable, the Extension Fee.
Termination for Failure of Condition. If any of the conditions set forth herein are not satisfied or waived by the date provided in such condition, the party entitled to benefit of such condition shall have the right to terminate this Agreement and the escrow provided for herein by giving written notice of such termination to the other party and to Escrow Holder. In the event of such termination, all escrow and title charges shall be divided equally between the parties and this Agreement will be of no further force and effect and the parties shall have no further liability except as expressly set forth in this Agreement for matters expressly stated to survive termination of this Agreement and in the Access Agreement. All documents delivered to Escrow Holder shall be returned to the depositing party, the Deposit shall be returned to Buyer and Buyer shall return to Seller all due diligence items delivered by Seller to Buyer.
Notice. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the following addresses:
If to Seller: City of Bothell 18415 – 101st Avenue NE Bothell, WA 98011 Attention: Jennifer Phillips, City Manager Phone: (425) 806-6140 Email: [email protected]
With a copy to: K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 Attention: Shannon J. Skinner Phone: (206) 623-7580 Email: [email protected]
14 502404829 v1 September 3, 2019 Agenda Packet Page 81 of 130 If to Buyer: Imagine Housing 10604 NE 38th Place, Suite 215 Kirkland, WA 98033 Attention: Phone: (425) 576-5190 Email:
With a copy to:
Any such notices shall be either (a) sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) days after deposit, postage prepaid in the U.S. mail, (b) sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered when actually delivered pursuant to the records of such courier, (c) hand delivered, in which case notice shall be deemed delivered on the date of the hand delivery, or (d) sent via electronic mail, provided that receipt of same is telephonically confirmed by the recipient or his or her assistant, in which case notice shall be deemed delivered when receipt is telephonically confirmed (provided that such confirmation is before 5:00 p.m. on a Business Day, and, if after such time, then on the next Business Day). Any notice given by counsel to a party shall have the same effect as if given by such party. The above addresses and phone numbers may be changed by written notice to be provided the other party in accordance with this Section 14; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
Time of Essence. Time of Essence. Time is of the essence of this Agreement.
Governing Law; Jurisdiction. The construction, validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Washington. In the event any action is brought to enforce any of the provisions of this Agreement, the parties agree to be subject to the jurisdiction in the King County Superior Court for the State of Washington or in the United States District Court for the Western District of Washington.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof.
Assignability. Buyer shall not assign its rights under this Agreement without Seller’s prior written consent. Notwithstanding the foregoing, at Closing, Buyer may assign this Agreement to an entity in which Buyer’s is a member and has control of such entity and the development of the Project, provided that the assignee assumes all of Buyer’s obligations under this Agreement. No such assignment shall relieve Buyer of any of its obligations hereunder.
15 502404829 v1 September 3, 2019 Agenda Packet Page 82 of 130 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns.
Modifications; Waiver. No waiver, modification amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought.
Entire Agreement. This Agreement contains the entire agreement, including all of the exhibits attached hereto, between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded hereby.
Fair Construction; Severability. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the context may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arms’ length so that the judicial rule of construction to the effect that any ambiguities are to be construed against the drafting party shall be inapplicable in the interpretation of this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning and consistent with the other provisions contained herein in order to achieve the objectives and purposes of this Agreement. If any term, provision, covenant, clause, sentence or any other portion of the terms and conditions of this Agreement or the application thereof to any person or circumstances shall apply, to any extent, become invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, unless rights and obligations of the parties have been materially altered or abridged by such invalidation or unenforceability.
Survival. The representations and warranties in this Agreement shall survive the Closing of this transaction for a period of ninety (90) days following Closing, and written notice of any claim by a party for a breach thereof must be delivered to the other party within such time period. In addition, the indemnities and agreements contained in Section 5.1.1(b) (Access to Property), Section 9 (Environmental), Section 27 (Brokers) and Section 29 (Attorneys’ Fees) shall survive the termination or expiration of this Agreement and shall survive the Closing. Except for the foregoing provisions, all other agreements of the parties contained in this Agreement shall terminate upon Closing.
No Personal Liability of Officers or Directors.
25.1 Seller. Buyer acknowledges that this Agreement is entered into by Seller as a municipal corporation and Buyer agrees that no individual officer, council member, employee or representative of Seller shall have any personal liability under this Agreement or any document executed in connection with the transactions contemplated by this Agreement.
25.2 Buyer. Seller acknowledges that this Agreement is entered into by Buyer as a limited liability company and Seller agrees that no individual officer, director,
16 502404829 v1 September 3, 2019 Agenda Packet Page 83 of 130 member or representative of Buyer shall have any personal liability under this Agreement.
No Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. No term or provision of this Agreement shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder, except as may be otherwise expressly provided herein. Nothing in this section is intended to modify the restrictions on assignment contained in Section 19 hereof.
Brokers. Kidder Mathews (“Seller’s Broker”) represents Seller in this transaction. Other than Seller’s Broker, Seller and Buyer represent each to the other that each has had no dealings with any other broker, finder or other party concerning Buyer’s purchase of the Property. Seller agrees to indemnify and hold Buyer harmless from all loss, cost, damage or expense (including reasonable attorney’s fees) incurred by Buyer as a result of any claim arising out of the acts of Seller for a commission, finder’s fee or similar compensation made by any broker, finder or any party who claims to have dealt with Seller, including Seller’s Broker. Buyer agrees to indemnify and hold Seller harmless from all loss, cost, damage or expense (including reasonable attorney’s fees) incurred by Seller as a result of any claim arising out of the acts of Buyer for a commission, finder’s fee or similar compensation or made by any broker, finder or any party who claims to have dealt with Buyer. The indemnities contained in this Section 27 shall survive the Closing or the termination of this Agreement.
Business Days; Computation of Time. The term “Business Day” as used herein means any day on which banks in Bothell, Washington are required to be open for business, excluding Saturdays and Sundays. In the computation of any period of time hereunder, the day of the act or event from which the period of time runs shall be excluded and the last day of such period shall be included. If any deadline hereunder falls on a day that is not a Business Day, then the deadline will be deemed extended to the next following Business Day.
Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement (including, without limitation, enforcement of any obligation to indemnify, defend or hold harmless), or because of an alleged dispute, default or misrepresentation in connection with any of the provisions of this Agreement, the substantially prevailing party shall be entitled to recover the reasonable attorneys’ fees (including those in any bankruptcy or insolvency proceeding), accountants’ and other experts’ fees and all other fees, expenses and costs incurred in connection with that action or proceeding, in addition to any other relief to which it may be entitled.
[signatures on following page]
17 502404829 v1 September 3, 2019 Agenda Packet Page 84 of 130 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
BUYER: SELLER:
IMAGINE HOUSING, a Washington CITY OF BOTHELL, a Washington nonprofit corporation municipal corporation
By: By: Name: Name: Its: Title:
18 502404829 v1 September 3, 2019 Agenda Packet Page 85 of 130 EXHIBIT A
Legal Description of Property
Lot #2 as designated in Boundary Line Adjustment No. 2014-05666, recorded under AFN 20150819900001 in King County, Washington.
502404829 v1 A-1 September 3, 2019 Agenda Packet Page 86 of 130
EXHIBIT B
Form of Earnest Money Note
PROMISSORY NOTE $20,000.00 Dated: September ____, 2019
FOR VALUE RECEIVED, IMAGINE HOUSING, a Washington nonprofit corporation (“Maker”), promises to pay to the order of the City of Bothell, a Washington municipal corporation, at 18415 – 101st Avenue NE, Bothell, Washington 98011, the principal sum of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00), as the Earnest Money Note in accordance with Section 2.2 of that certain Purchase and Sale Agreement (Lot A) between Maker, as Buyer, and City of Bothell, a Washington municipal corporation, as Seller, dated September ___, 2019 (the “Agreement”). This Note shall be payable within five (5) Business Days after the date of this Note.
Maker’s failure to pay the Earnest Money if required by the terms of the Agreement shall constitute a default by Maker under both the Agreement and this Note.
Maker promises to pay all costs, expenses and attorneys’ fees incurred by Holder in the exercise of any remedy (with or without litigation) under this Note in any proceeding for the collection of the debt evidenced by this Note, or in any litigation or controversy arising from or connected with this Note.
Delay in exercising any of the Holder’s rights or options hereunder shall not constitute a waiver thereof, and waiver of any right or option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default.
The provisions of this Note shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto.
This Note shall be construed according to the laws of the State of Washington and pursuant to the terms and conditions of the Agreement.
Time is of the essence of this Note and each and every term and provision hereof.
MAKER: IMAGINE HOUSING, a Washington nonprofit corporation
By: Name: Title:
502404829 v1 B-1 September 3, 2019 Agenda Packet Page 87 of 130 EXHIBIT C
Form of Deed
After Recording Return To:
Attn:
BARGAIN AND SALE DEED
GRANTOR: City of Bothell
GRANTEE: [______]
Legal Description: Abbreviated Form: Additional legal on Page ___
Assessor’s Tax Parcel ID#:
THE GRANTOR, CITY OF BOTHELL, a Washington municipal corporation, for and in consideration of ten dollars ($10) in hand paid, bargains, sells and conveys to the Grantee, [______] the following described real estate, situated in the County of King, State of Washington.
See Exhibit A attached hereto.
Subject to and excepting those matters listed in Exhibit B attached hereto and incorporated herein by this reference.
Dated ______, 20______.
CITY OF BOTHELL, a Washington municipal corporation
By: Its:
September 3, 2019 Agenda Packet Page 88 of 130 STATE OF WASHINGTON ) ) ss. COUNTY OF KING )
This record was acknowledged before me on ______by ______as ______of the City of Bothell.
Dated: ______
Notary Public Print Name My commission expires
(Use this space for notarial stamp/seal)
September 3, 2019 Agenda Packet Page 89 of 130 EXHIBIT A TO DEED
Legal Description
September 3, 2019 Agenda Packet Page 90 of 130 EXHIBIT B TO DEED
Exceptions
(to be added)
September 3, 2019 Agenda Packet Page 91 of 130 EXHIBIT D
List of Reports Delivered to Buyer
HWA GeoSciences, Phase I Environmental Site Assessment 116th Street Group, Bothell, Washington. Prepared for City of Bothell, November 19, 2008.
HWA GeoSciences, Phase II Environmental Site Assessment 116th Street Group, Bothell, Washington. Prepared for City of Bothell, November 19, 2008.
HWA GeoSciences, Phase I Environmental Site Assessment Phil Doerflein Parcel, Bothell, Washington. Prepared for City of Bothell, January 28, 2009.
HWA GeoSciences, Phase I Environmental Site Assessment Nguyen Parcel, Bothell, Washington. Prepared for City of Bothell, January 28, 2009.
HWA GeoSciences, Phase I Environmental Site Assessment 116th Street Group, Bothell, Washington. Prepared for City of Bothell, December 7, 2009.
HWA GeoSciences, Soil Cleanup Report, Former 116th Street Group Bothell Washington. Prepared for City of Bothell, February 11, 2011.
Perteet, Critical Areas Report. Prepared for City of Bothell, September 2011.
UPDATE
502404829 v1 D-1 September 3, 2019 Agenda Packet Page 92 of 130 EXHIBIT E
Form of Access Agreement
SITE ACCESS AGREEMENT (Lot A)
This SITE ACCESS AGREEMENT (Lot A) (the “Agreement”) dated as of ______, 2015, is by and between Imagine Housing, a Washington nonprofit corporation (“Buyer”), and City of Bothell, a Washington municipal corporation (“City”) with reference to the following:
RECITALS
A. Buyer is under contract to purchase certain property (the “Property”) described on Exhibit A attached hereto from the City pursuant to a Purchase and Sale Agreement (Lot A) dated ______, 2019 (the “Purchase Agreement”). Buyer desires to purchase the Property to develop it into an affordable multifamily housing project with parking (the “Project”).
B. Under the Purchase Agreement, Buyer has the right to enter onto the Property and conduct its due diligence investigations to determine whether the Project is feasible and to engage in planning for the Project.
C. Buyer wishes to retain or permit its potential lender(s) to retain certain third party consultants (“Consultants”) to perform the investigations and Project planning, including a surveyor, environmental consultant and geotechnical consultant. As provided in the Purchase Agreement City wishes to cooperate in this investigation by granting to Buyer and Consultants a license to conduct such an investigation subject to the terms of this Agreement.
D. Buyer has been informed that the Building located on the Property is in derelict condition, dangerous and unsafe to enter.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. City grants to Buyer and Consultants a temporary non-exclusive license, subject to terms hereof, to enter upon the Property for the purpose of conducting activities on the Property to investigate the condition thereof and the feasibility of the Project as well as planning for the Project (the “Investigation Activities”). Employees of Buyer and Consultant may enter onto the Property pursuant to this License. In no event shall any drilling, penetrations or other invasive testing or inspections be done without the written approval of City.
The license granted herein shall continue in force from the date hereof and terminate upon the earlier to occur of (i) the closing of Buyer’s acquisition of the Property under the Purchase Agreement, or (ii) the earlier termination of the Purchase Agreement for any reason.
502404829 v1 E-2 September 3, 2019 Agenda Packet Page 93 of 130 A vacant building is located on the Property (the “Building”). The Building is in derelict condition and unsafe to enter. The Building is dangerous, yellow tagged and will need to be demolished as part of any redevelopment of the Property. All persons entering the Property pursuant to this Agreement shall wear appropriate protective clothing and are required to be accompanied by a City employee for entry into the Building (to be scheduled through ______). Buyer acknowledges and agrees that any entry onto the Property and into the Building shall be at the sole risk of those entering the Property or Building and City shall have no liability of any kind for any loss, claims, liability or damage, including injury to persons or property resulting from entry onto the Property or in or about the Building.
2. Buyer shall or shall cause its Consultants to remove all equipment, materials and debris used in or resulting from the Investigation Activities before the end of the license period specified above unless Buyer purchases the Property pursuant to the Purchase Agreement. If City approves of any invasive testing, all samples derived from the Investigation Activities when removed from the Property shall be transported and disposed of by Buyer or Consultants in accordance with applicable law.
3. All persons who enter the Property pursuant to this Agreement assume the risk of doing so. Buyer waives any claims against City and releases City from any liability for any loss, damage or injury to Buyer, its Consultants or their property arising from the Investigation Activities, excluding those claims to the extent arising out of the negligence or willful misconduct of City, its employees, agents and contractors. City shall not be responsible for the safety of Buyer or its Consultants in their conduct of the Investigation Activities. Except as expressly provided in the Purchase Agreement, City has no responsibility or liability whatsoever for the condition of the Property. Buyer and its Consultants must comply with any reasonable instructions and directions of City with regard to the Investigation Activities. Buyer will repair and restore the Property to at least as good condition as existed before Buyer’s or its Consultant’s entry onto the Property. Buyer and its Consultants shall be responsible for any damage done to the Property by Buyer or its Consultants. While on the Property pursuant to this Agreement, Buyer will comply and will cause all Consultants to comply with all applicable government laws and regulations concerning the Investigation Activities on the Property. Buyer will not suffer or permit to be enforced against the Property any mechanics, materialmen’s or contractors liens or any claim for damage arising from the work of any survey, tests, investigation, repair, restoration, replacement or improvement performed by Buyer or its Consultants as part of the Investigation Activities, and Buyer shall pay or cause to be paid all claims or demands with respect to the same before any action is brought to enforce the same against the Property.
Buyer will indemnify, protect, defend and hold City, its officers, council members and employees harmless from any loss, damage, injury, accident, fire or other casualty, liability, claim, lien, cost or expense (including attorneys’ fees) of any kind or character to the extent arising from or caused by (a) entry on the Property by Buyer or its Consultants pursuant to this Agreement, (b) any act or omission of Buyer or any of its Consultants in the conduct of the Investigation Activities, (c) a violation or alleged violation by Buyer or its Consultants of any law or regulation in their conduct of the Investigation Activities, or (d) violation of this Agreement by Buyer or any of its Consultants. City’s right of indemnity under this section shall not limit or waive any other legal claim or defense City may have outside of this Agreement.
502404829 v1 E-3 September 3, 2019 Agenda Packet Page 94 of 130 IN CONNECTION WITH THIS INDEMNITY, BUYER WAIVES ANY IMMUNITY IT MAY HAVE UNDER INDUSTRIAL INSURANCE LAW, RCW TITLE 51. THIS WAIVER WAS MUTUALLY NEGOTIATED.
4. Buyer shall, during the term of this Agreement, maintain commercial general liability insurance, with the coverage of not less than $1,000,000 for each occurrence and a $2,000,000 general aggregate limit, on an occurrence basis from a reputable insurer licensed to do business in Washington, and shall, upon request, furnish to City certificates of insurance evidencing such coverage. City will be named as an additional insured under the policy.
5. All of the covenants of Buyer and indemnities permitted by Buyer hereunder shall survive termination of the license granted hereunder.
6. All Investigation Activities shall be performed solely at Buyer’s expense, and neither Buyer nor Consultants shall look to City for reimbursement of or contribution for all or any part of those expenses.
7. All notices hereunder shall be delivered by a recognized overnight courier service or by certified mail, return receipt requested, to the addresses set forth below or to such other addresses of a party as are set forth in a notice by that party to the other parties:
If to City:
City of Bothell 18415 – 101st Avenue NE Bothell, WA 98011 Attention: Jennifer Phillips, City Manager Phone: (425) 806-6140 Email: [email protected]
If to Buyer:
Imagine Housing 10604 NE 38th Place, Suite 215 Kirkland, WA 98033 Attention: Phone: (425) 576-5190 Email:
9. This Agreement may be executed in one or more counterparts, each counterpart of which shall constitute an executed agreement.
10. The parties agree that this Agreement shall be governed by the laws of the State of Washington.
[signatures on next page]
502404829 v1 E-4 September 3, 2019 Agenda Packet Page 95 of 130 IN WITNESS HEREOF, the parties have duly executed this Agreement as of the date first set forth above.
CITY:
CITY OF BOTHELL, a Washington municipal corporation
By: Name: Title:
BUYER:
IMAGINE HOUSING, a Washington nonprofit corporation
By: Name: Title:
502404829 v1 E-5 September 3, 2019 Agenda Packet Page 96 of 130 EXHIBIT A to Site Access Agreement
Legal Description of Property
Lot #2 as designated in Boundary Line Adjustment No. 2014-05666, recorded under AFN 20150819900001 in King County, Washington.
502404829 v1 E-6 September 3, 2019 Agenda Packet Page 97 of 130
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September 3, 2019 Agenda Packet Page 98 of 130 Bothell City Council AGENDA BILL
Meeting Date: September 3, 2019 Action No Action AB #: 19-136
Subject: Resolution Formalizing an Intent to Participate in a Program to Receive Funds From the State to be Used for Affordable and Supportive Housing in Accordance with House Bill 1406.
Budget Impact/Source of Funds: $108,000 of revenue and expenditures annually for 20 years. The revenues and expenditures associated with this item are currently unbudgeted.
Staff Presenter/Department: Chris Bothwell, Finance Department
Policy Consideration and Connection to Council Goals:
The policy consideration for the City Council to consider is whether to participate in a revenue sharing opportunity provided by the State of Washington that would avail the City of funding to support affordable housing. This item is consistent with the City Council goal of increasing affordable housing opportunities.
Background:
The Program Approximately 65% of the sales and use tax collected in Bothell goes to the State of Washington; the rest of the tax collected goes to various other entities, including the City of Bothell (the City). The City receives approximately 8.5% of the sales and use tax collected in Bothell.
In 2019 the State Legislature approved House Bill 1406 allowing for the sharing of a portion of the State’s sales tax with cities and counties to increase affordable housing in participating jurisdictions throughout the state. It should be noted that the Legislation does not increase the amount of sales tax paid by consumers in participating cities and counties; rather, the State simply shares a portion of the sales tax it already collects with participating cities and counties (the shared tax revenue). Participation by cities and counties is optional. The program applies to cities and counties in substantially the same manner, however, for the purposes of this agenda item county will not be restated hereinafter.
If a city chooses to participate in the program, it will receive a percentage of the retail sales tax collected within its borders to use for qualifying purposes (a description of qualifying purposes is found in the following section). The standard shared tax revenue rate is .0073% of taxable sales in the city. The maximum shared tax revenue rate is doubled for cities with a qualifying local tax that is adopted by July 28, 2020 (a detailed description of a qualifying local tax is found in a following section). The annual value of the shared tax revenue is based on 2019 retail sales in a city and will not increase if/when retail sales increase in the respective city. The shared tax revenue is available for 20 years.
September 3, 2019 Agenda Packet Page 99 of 130 Agenda Bill # 19-136 Page 2
Sales and use tax collection and administration is a responsibility of the Washington State Department of Revenue; there is no charge for participating in the program.
Allowable Uses of Funds As a condition of receiving the shared tax revenue, participating cities are required to use the proceeds for the following qualifying purposes:
• Acquiring, rehabilitating, or constructing affordable housing; • Operating and maintaining new affordable or supportive housing facilities; and/or • Rental assistance (for cities with population under 100,000)
The benefits of the program can only be provided to persons whose income is at or below sixty percent of the adjusted median income for the city imposing the tax. The 2019 adjusted median income for King/Snohomish county area is approximately $65,000 for a four-person household.
Additionally, the shared tax revenue can be pooled with other local governments or a public housing authority for qualifying purposes, pursuant to an interlocal agreement. The funding can also be used for debt service for qualifying projects. Participating cities do not need to identify the intended use of the shared tax revenue until they begin receiving the proceeds.
Qualifying Local Tax House Bill 1406 recognizes four local taxes as qualifying local taxes that allow a city to qualify for the doubled shared tax revenue:
1. Affordable Housing Property Tax Levy. A property tax increase that follows a declaration by the City Council of an affordable housing emergency. This tax must also be approved by a vote of the people. 2. Property Tax Lid Lift for Affordable Housing. A generic property tax increase that, if used exclusively to support affordable housing, is considered a qualifying local tax. 3. Sales and Use Tax for Housing. A sales tax increase that must be approved by a vote of the people and used exclusively for housing and related services. 4. Sales and Use Tax for Chemical Dependency and Mental Health. A sales tax increase that must be used to address chemical dependency and mental health. This tax increase is councilmanic, meaning that a vote of the people is not required.
Implementing one of the above taxes would increase the taxes collected from the community and double the shared tax revenue received as a result of HB 1406. The qualifying local tax must be in place by July 28, 2020 for a city to be eligible for the higher shared tax revenue.
Implementation Process Local jurisdictions electing to participate in the program must pass a resolution of intent by January 31, 2020. Subsequently, participating cities must pass an ordinance to levy the tax credit by July 27, 2020. The resolution of intent and ordinance can identify a specific tax rate or “the maximum allowable rate”. The latter allows for additional flexibility and ensures that the City collects the maximum rate based on its circumstances at final adoption, including the doubled tax rate in the event that King and/or Snohomish counties choose not to participate in the program.
September 3, 2019 Agenda Packet Page 100 of 130 Agenda Bill # 19-136 Page 3
Other Matters Two noteworthy matters that are unrelated to one another:
1. Drafting Error. The HB 1406 legislation includes what appears to be a drafting error with the potential to affect participation by cities with a specific set of circumstances, specifically any participating city located in a non-participating county. The apparent error creates a situation where a city desiring to participate would not receive the tax credit, if the county where it is located chooses not to participate. Both King and Snohomish counties have expressed interest in the program, so it is unlikely that Bothell would be affected by this aspect of the legislation. Additionally, the Association of Washington Cities is proposing to advance a fix during the next legislative session.
2. Ongoing Compliance Requirement. Participating cities must also report to the Department of Commerce annually on the collection and use of the shared tax revenue.
Previous City Actions: None
Discussion:
If Bothell were to participate in the program to receive the shared tax revenue without implementing a qualifying local option tax, then the City would receive approximately $108,000 annually. The proceeds of the credit could be used for any of the qualifying uses described above, advancing the City Council’s goal of increasing affordable housing opportunities within the City.
While the City does not currently have a qualifying local tax, the City could double the shared tax revenue that it receives if it were to implement one of the four (4) qualifying local taxes described in a preceding section. It should be noted that three of the four qualifying local tax options listed in the legislation require a vote of the people. The fourth option is a councilmanic option that is available only if the relevant county(s) have not implemented the tax. Both King and Snohomish counties have implemented the tax, so this option is not available to Bothell.
To begin the process to participate in the program, the City Council would need to approve a resolution of intent by January 31, 2020 and pass an ordinance to receive the shared tax revenue, formally known as levying the tax credit, by July 27, 2020. The City does not need to identify how the shared tax revenue will be used until the City begins receiving the proceeds.
Category: New Business
• Staff Presentation • Council Questions/Discussion • Motion to Approve Recommended Action • Council Vote on Recommended Action
Attachments:
1. Resolution of Intent
September 3, 2019 Agenda Packet Page 101 of 130 Agenda Bill # 19-136 Page 4
Recommended Action:
Adopt the Resolution of Intent taking the first step in levying the tax credit and discuss whether to ask staff to return to the City Council with a resolution to put a qualifying local tax to voters to double the value of the tax credit, if approved.
City Manager Approval: Date: 08/27/2019
September 3, 2019 Agenda Packet Page 102 of 130 Att-1
RESOLUTION NO. (2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON FORMALIZING AN INTENT TO PARTICIPATE IN A PROGRAM TO RECEIVE FUNDS FROM THE STATE TO BE USED FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406
WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supportive housing, or, if eligible, for providing rental assistance to tenants; and
WHEREAS, the tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City; and
WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and
WHEREAS, the City lacks affordable housing and has determined that imposing the sales and use tax to address this need will benefit its citizens; and
WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and
WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and
WHEREAS, the Bothell City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein.
Page 1 of 2
September 3, 2019 Agenda Packet Page 103 of 130 Att-1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. Resolution of Intent. The City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020.
Section 2. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto.
PASSED this ______day of ______, 2019.
APPROVED:
ANDREW J. RHEAUME MAYOR
ATTEST/AUTHENTICATED:
LAURA HATHAWAY CITY CLERK
FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: (2019)
Page 2 of 2
September 3, 2019 Agenda Packet Page 104 of 130 Bothell City Council AGENDA BILL
Meeting Date: September 3, 2019 Action No Action AB #: 19-137
Subject: Quarterly Update on Progress towards Council’s Goals – 2nd Quarter of 2019-2020 Biennium
Budget Impact/Source of Funds: No impacts from this report
Staff Presenter/Department: Jennifer Phillips, City Manager
Policy Consideration and Connection to Council Goals:
The Council Goals serve as policy direction to the City Manager for the allocation of resources to achieve the Council’s agreed upon priorities. Each quarter the Council is presented with an update on progress made toward achieving the Council’s goals. This update also offers the Council an opportunity to consider any new or modified policy direction that the Council may be interested in pursing.
Background:
The purpose of the City Council Goals is to direct our community toward positive change and serve as the policy direction for the allocation of resources as well as the policy guide for developing and implementing the City's 2019-2021 biennial budget. These goals were adopted unanimously by the City Council
Staff prepares a quarterly score card to update Council on work performed towards their goals for the biennium. The quarterly update, as informally agreed to at the March 12, 2019 Special Council Meeting, offers Council Members interested in proposing new or modifying existing strategic objectives the opportunity to discuss their request with the entire Council to identify if a majority of the Council is interested in supporting their request and to determine if resources are available.
Previous City Actions:
• April 27, 2018: City Council revised its goals for the 2017-2018 biennium. • October 16, 2018: Council adopted the revised goals for the 2019-2020 biennium. • February 19, 2019: Council adopted the council goals scorecard for 2019-2020 biennium. • May 21, 2019: Staff presented a scorecard update for the 1st quarter of the 2019-2010 biennium.
Discussion:
This is a quarterly update on staff’s work to accomplish the Council’s goals for the 2019-2020 biennium. The attached Scorecard has been updated with the steps that staff have taken during
September 3, 2019 Agenda Packet Page 105 of 130 Agenda Bill # 19-137 Page 2 the 2nd quarter of 2019 to achieve these goals, as well as upcoming actions. These strategic objectives were then “scored” with green, yellow, or red.
• Green light: work is proceeding on schedule or has been accomplished. • Yellow light: a delay has occurred, and staff will continue to pursue this course of action. • Red light: re-evaluation of the objective is necessary and possibly a different course of action.
In planning staff’s workload for the biennium, some items had no work scheduled during the 1st quarter and, thus, there are no updates for those items. For those items, please note the Target Completion Date.
Category: New Business
• Staff Presentation • Council Questions/Discussion
Attachments:
1. Score Card for 2nd Quarter of 2019-2020 Biennium
Recommended Action:
No action is requested at this time.
City Manager Approval: Date: 08/26/2019
September 3, 2019 Agenda Packet Page 106 of 130 Att-1 CITY COUNCIL GOALS Scorecard Update 2nd Quarter 2019-2020
GOALS Affordable Housing Strategy City-wide Teambuilding, Training, and Organizational Development Community Connections Community Health for Those In Need Economic Development Environmental Stewardship and Sustainability Fiscal Responsibility and Stability Parks/ Recreation/ Open Space Partnerships Public Safety Strategy Technology Strategy
STATUS KEY
ON SCHEDULE CAUTION DELAYED
September 3, 2019 Agenda Packet Page 107 of 130 AFFORDABLE HOUSING STRATEGY
Responsible Target Strategic Objectives Performance Measures Updates Status Dept(s) Completion
Implement Housing 1. Continue to implement actions in CD, Legal, 1. Q4 2019 • Council adopted minor ADU code Strategy, with an Housing Work Program that encourage Finance, 2. Q4 2019 amendments in Q2. Additional emphasis on affordable Affordable Dwelling Units (ADU) (e.g. code PW 3. Q4 2019 amendments on hold pending ARCH housing. amendments, cost savings). technical group work. 2. Enact additional affordable housing • ARCH staff ready to assist with Multifamily tools identified by Council in the Housing Tax Exemption (MFTE) in Q3. Work Program. • Ongoing conversations with affordable 3. Pursue partnerships to create additional housing developers regarding opportunities housing, especially affordable, around on city-owned parcels. Transit-oriented Development (TOD).
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September 3, 2019 Agenda Packet Page 108 of 130 CITY-WIDE TEAMBUILDING, TRAINING, AND ORGANIZATIONAL DEVELOPMENT Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Hire levy and other 1. Take Levy hiring plan to Council in 1st Exec, HR, 1. Q1 2019 • 4 Firefighters graduated from Fire Academy positions in line with Qtr. Poli ce, Fire, 2. Q4 2019 and EMT training organizational 2. Implement levy plan as approved by the PW, IS 3. Q1 2020 • 5 Police Officers hired total as of Q2 goals/values, ensuring City Manager. 4. Q3 2020 • Non - commissioned PD positions announced the City is obtaining the 3. Develop and begin implementing in early April. best possible talent diversity hiring plan. • IS Public Safety App Analyst hired. available. 4. Identify alternative recruitment • Levy update taken to council on 4/2. resources and methods for difficult to hire • Procurement Specialist position approved positions including police officers, by Council. dispatchers, engineers, etc. • Levy-funded Building Maintenance Specialist recruitment began in June. • New recruiting model for Capital Project Engineer/Associate Engineer. First person hired in new Associate role! • Intern partnership with Northshore School District in Public Works that emphasizes providing high school seniors with disabilities opportunities to work in office
environments. Identify development 1. Develop leadership competency HR 1. Q3 2020 gaps and succession framework and begin including leadership 2. Q4 2019 planning opportunities. job level professional competencies in job Conduct organization- description, performance appraisals, wide training and other training plan, etc. development activities 2. Fill training gaps identified in 2017 WCIA to fill gaps and provide audit. career development.
Culture: To instill values 1. Link organizational values to HR 1. Q2 2019 • HR working with Archbright to finalize new that promote competency framework. 2. Q4 2019 competency framework that will be used in exceptional customer 2. Develop and conduct first annual 3. Q2 2019 job descriptions and performance service, teamwork, employee engagement survey and develop 4. Q4 2020 appraisals. innovation, safety and a plan in response to employee feedback. 5. Q1 2019 • City joined AWC retrospective rating ethics in the workplace. program.
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September 3, 2019 Agenda Packet Page 109 of 130 3. Join AWC retrospective rating program • Contract services being obtained to draft and begin implementing recommended new safety programs. changes. • Working with Edmonds Community College 4. Develop three safety-related programs safety and health program to bring unpaid by the end of 2019 to be included in newly intern on board to assist with safety developed accident prevention program, program development. and five by the end of 2020. • Employees given awards at Employee 5. Identify and implement ways to Appreciation Luncheon for reflecting City recognize/reward employees for living up values. to organizational values. Attain American Public 1. Complete and submit Self-Assessment PW 1. Q4 2019 On-track for Public Works accreditation in Works Association 2. On-site Evaluation 2. Q4 2019 spring of 2020, likely complete in Q2. (APWA) Accreditation 3. Accreditation awarded by APWA at 3. Q1 2020 Council
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September 3, 2019 Agenda Packet Page 110 of 130 COMMUNITY CONNECTIONS Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Tourism Program 1. Launch new website, utilizing new brand Exec 1. Q2 2019 • New website launched in April. Traffic to for program and new strategy of audience 2. Q1 2019 website increased by 58.6% over old targeting and outreach. 3. Q4 2019 website in 1st month. 2. Create work plan for Council review. • Council adopted work plan and new Alter contracting strategy for greater contract with Street Sense on Feb. 5. efficiency in marketing and promotion • Sip & Stay package launched with new work. brand. New contract began with 3. Explore a variety of vendor services in Bandwango that created on-line packages, 2019 for greater effectiveness and leveraging Bothell breweries, restaurants & generation of hotel stays.
shops, encouraging overnight hotel stays. Events and Activities 1. Develop community partners for new P&R, Exec 1. Ongoing • Funding Plan events and activities. 2. Various • As of July 18, two “Music in the Park” and 2. Host Concert in the Park Series, 4th of 3. Q1 2019 two “Just Kidding Around” concerts have July, Just Kidding Around (kids music 4. Q1 2019 taken place with over 1,900 spectators concerts), Safe Halloween, Arbor Day. participating. 3. Hire New Volunteer and Special Events • At July 16 City Council Meeting, Volunteer Coordinator to develop and administer and Special Event Coordinator Shelby Krogh new citywide program. briefed Council on her first three months on 4. Create new Special Event Permit the job. Process for simpler, more efficient process. • Shelby is currently meeting with internal and external stakeholders and will be bringing back a work plan for discussion at a future Council Study Session.
Arts Commission 1. Work to secure funding from King Exec, PW 1. Q2 2019 • Funding received from 4Culture for $15,000 Programs and Public County's 4Culture program for creative 2. Q3 2019 to complete Phase 1 to hire creative Art consultant to assist Arts Commission with a 3. Q2 2019 consultant to develop a cultural plan. cultural plan for the City. • Living Wall plants removed, wall covered 2. Begin preparations for transition of with decorative cloth so Arts Commission Living Wall in City Hall into new art piece or can begin prepping for art on wall. venue. • Council adopted 2019 Arts Commission 3. Develop 2019-2020 work plan for Work Plan on April 16. Arts Commission will Council consideration return to Council in December for consideration of 2020 Work Plan.
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September 3, 2019 Agenda Packet Page 111 of 130 Communications Evaluate and refresh current Exec Q2-Q3 2019 On hold until the new Assistant to the City
program communications program Manager position is filled (Q3 2019)
Diversity Committee 1. Develop an internal Diversity Committee HR Q1 • Completed “welcome” window in City Hall Lobby. • Gave an update to council on April 2. • Working with HR on diversity recruitment and potential “affirmative action” plan. • Developed City Council proclamation to recognize Pride Month. • Send out monthly newsletter to all employees Boards and 1. Host two events annually for members Exec Q2 May The first Meet & Greet event was included Commissions Meet and of all City Boards and Commissions to get with the Artist’s Reception on May 21. Greet. to know each other. Another will be held in Nov.
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September 3, 2019 Agenda Packet Page 112 of 130 COMMUNITY HEALTH FOR THOSE IN NEED Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Human Services Grants 1. Pursue deliberate strategy for program Exec 1. Q4 2019 • Staff met with the Council’s Human Services improvement in 2019 in preparation for 2. Q2 2019 Committee to discuss possible alternatives greater local focus of grants in 2020. for managing the human services grants. 2. $342,760 distribution of grants in 2019 Staff is currently gathering data to provide to support human services in Bothell area. analyses of these alternatives by Sept.
2019. • Contracts to fund the 46 programs were executed by end of May. Agencies are submitting their quarterly reports and reimbursement requests. Improve the Police 1. Formalize and expand the North Sound Police, 1. Q4 2019 • Q1: The RADAR Navigator ILA was Department response RADAR Navigator program HR, Legal, 2, Q4 2019 approved and signed. In Bothell; the to those in the 2. Crisis intervention training for Finance 3. Q4 2019 Program received 30 case referrals and community who are commissioned staff conducted 60 follow-ups from those impacted by mental 3. Cops & Clergy referrals. health challenges, drug • Q2: The RADAR Navigator program addiction, and continued to serve persons in need of homelessness. services, with 39 case referrals and over 60 follow-ups and co-responsive contacts.
• The Police Department held a well-attended Cops and Clergy meeting, with a full discussion on the topic of Homelessness and Mental Health in our City • Arrangements were made and a date in July selected for the Police Department to assist City personnel and volunteers in the efforts to conduct an updated homeless count. • Several PD employees successfully completed CJTC Crisis Intervention Training
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September 3, 2019 Agenda Packet Page 113 of 130 ECONOMIC DEVELOPMENT Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date
Environmental Bothell Service Center (BSC) (Impacts PW, Exec 1. Q1 2019 • Started in Oct. 2018. Installation was Cleanup/ Block D) 2. Q2 2021 completed in Jan. 2019. Disposition of Surplus 1. Install Bioremediation equipment 3. Q1 2019 • Operation began after ERH shutdown and Property 2. Complete Bioremediation and Soil 4. Q2 2019 requires a few years to complete. Vapor Extraction (SVE) and groundwater Groundwater monitoring will occur compliance monitoring concurrently to ensure that the system is 3. Available for land development operating efficiently. 4. Amend the CD to include the Wexler • The property can be developed during clean-up bioremediation activities within CD 5. Receive Department of Commerce $1.5 parameters. Building construction can begin million grant (Legislative appropriation) in 2019 (See Wexler). Ecology must be notified of any associated land transactions to be consistent with agreements. • City and Ecology completed an amendment to the CD to incorporate the cleanup at Wexler. There will be a 30-day public comment period starting in early August. After the public comment period, it will be finalized with counter-signatures and executed in King County Court. Council will consider the amendment on August 13, 2019. • Staff is working on contract paperwork to secure the $1.5M in legislative appropriation from Dept. of Commerce. Environmental Ultra Site (Impacts City Center Block & Lot PW, Exec 1. Q4 2019 • Ecology responded to the City’s submittal of Cleanup/ EFG) 2. Q3 2020 the Remedial Investigation (RI), Feasibility Disposition of Surplus 1. Draft Remedial Investigation (RI), 3. Unknown Study (FS) and draft Clean-up Action Plan Property Feasibility Study (FS) and draft Clean-up (dCAP) by requesting further Action Plan (dCAP) characterization of the site. The City hired a 2. Consent Decree finalized new consultant in February to lead the 3. Available for Land Development effort on this site and further characterization is anticipated to be completed in Q4 2019.
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September 3, 2019 Agenda Packet Page 114 of 130 • After Ecology approves site characterization and RI/FS/dCAP, and public comment, the City will have fulfilled its agreed order (AO) requirements. The next step will be to negotiate and enter into a consent decree for clean-up. This process takes about 9 months from start to finish. • Likely depends on successful completion of site characterization with new consultant and negotiation of CD. Ecology must be notified of any associated land transactions to be consistent with agreements. Environmental Petroleum Sites (Hertz, Paint, Bothell PW 1. Q2 2019 • The covenants are in the process of being Cleanup/ Landing) 2. Q2 2019 recorded. Existing easements need to be Disposition of Surplus 1. Record covenants associated with 3. Q3 2023 resolved before Ecology can sign off on the Property Agreed Orders (AOs) 4. Q2 2019 covenants (in process). Ecology approved an 2. Complete Groundwater Monitoring extension to the schedule to enable 3. Satisfaction of Order (close-out) continued facilitation of this effort. 4. Available for Land Development • Began Sept. 2018. Five years of monitoring required under the AOs. • Earliest date for receiving Ecology's approval after completion of monitoring is July 2023 • These sites are not currently restricting land development. Ecology must be notified of any associated land transactions to be consistent with agreements.
Environmental Lot P South PW, Exec, 1. Q4 2018 • Site characterization was completed in May Cleanup/ 1. Supplemental site characterization Legal 2. Q2 2019 2019. Disposition of Surplus 2. Supplemental cleanup 3. Q2 2019 • The selected cleanup method is excavation Property 3. Enrollment in PLIA 4. TBD of impacted soils. The City’s consultant 4. Available for Land Development developed a construction package for the cleanup this site that will be advertised in July. Anticipated completion of supplemental cleanup is now Q4 2019. • The site was enrolled in the Petroleum Technical Assistance Program (PTAP) with an agency known as Pollution Liability Insurance Agency (PLIA). Anticipate a “No Further Action” (NFA) from PLIA, equivalent to
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September 3, 2019 Agenda Packet Page 115 of 130 Ecology, to be issued upon successful site cleanup. • Contingent upon successful cleanup, estimating Q2 2020. Environmental Riverside Petroleum site (Impacts Lot PW, Exec Q3 2019 • Counsel is working with the Attorney Cleanup/ EFG) General's office to separate the petroleum Disposition of Surplus Enter into new TPH-only cleanup Agreed (TPH) and solvent sites into separate Agreed Property Order Orders. • Planning efforts for the 30-day public comment period will start in August/ September. Once finalized, it is anticipated that the City can request a satisfaction letter for the TPH site since the clean-up has been completed. Environmental Riverside Solvent site (No Surplus Prop. PW 1. Q3 2019 • Counsel working with Dept. of Ecology and Cleanup/ Impact) 2. Q3 2020 State Attorney General's office to separate Disposition of Surplus 1. Enter into new solvent-only RI/FS/dCAP the Petroleum and Solvent sites into Property Agreed Order separate Agreed Orders. 2. Complete site characterization and • Planning efforts for the 30-day public RI/FS/dCAP comment period will start in August/ September. Once finalized, the next step is to complete characterization and work through the RI/FS/dCAP process. Environmental Wexler PW, Exec • Consultant collected groundwater and soil Cleanup/ 1. Remedial Investigations 1. Q4 2018 data to develop a Remedial Disposition of Surplus 2. BSC Consent Decree Amended 2. Q2 2019 Investigation/Feasibility Study (RI/FS) & Property 3. Implement cleanup 3. Q3 2019 draft Cleanup Action Plan (dCAP) to attach 4. Available for Land Development 4. Q4 2019 to the proposed BSC Consent Decree Amendment. Draft RI/FS and dCAP will be completed in February & March 2019, respectively. • BSC Consent Decree Draft complete. Waiting for Ecology to advertise for public comment in August 2019. • The estimated target date for implementing a cleanup schedule is Q3 2019 contingent upon approval of the CD amendment, and development of construction plans for the cleanup.
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September 3, 2019 Agenda Packet Page 116 of 130 • Based on available information, it is estimated that the property will be ready for development by Q4 of 2019, subject to purchaser’s willingness to work around bioremediation and monitoring wells that will remain in place for several years.
Sound Transit 3 BRTs 1. Complete Park & Ride siting process PW, Exec, 1. Q3 2019 • Sound Transit anticipates determining and Park & Ride 2. Advocate for robust service from SR 522 CD 2. Q1 & Q2 location by fall 2019. The site Sound Transit and I-405 BRT, including long-term 2019 chose for the environmental study is the connection between the two BRT routes 3. ST Board Northshore School District Pop Keeney for incorporation into final projects. Action: Stadium parking lot. 3. SR 522, Stage 3 Construction Funding 3/2019; • ST & WSDOT design charrettes specific to I- Agreement Council 405/SR 522 connection held March 29, May 4. Sound Transit mitigates capacity and Action: 15 and June 11, 2019. BRT connection other impacts of locating bus barn in 4/2019 recommended at I-405/SR 522 interchange Canyon Park Regional Growth Center 4. TBD with need to provide I-405 in-line transit 5. SR 522, Stage 3 Construction begins 5. Q2 2019 stop at Brickyard Park and Ride and future consideration of an in-line stop at NE 195th. Elected Leadership Group for ST I-405 BRT concurred with this recommendation. • Approved by Sound Transit March 14 and Bothell City Council March 19. • ST now owns the bus base site in Canyon Park. City staff continues to press ST staff on finding ways to recover capacity impacts for regional growth center. Council initiated a comprehensive plan and code amendment to explore possibility of setting minimum development levels for R-AC zoned areas in Canyon Park and North Creek. This would apply to residential and possibly non- residential as well. Staff is working with consultants on Canyon Park subarea plan update to identify tools to leverage capacity and development.5. Notice to proceed issued April 29, 2019.
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September 3, 2019 Agenda Packet Page 117 of 130 Disposition of Surplus Amend regulations as directed by Council Exec, CD Q2 2019 No amendments required at this time. Property - Civic Center to facilitate sale and ensure desired
Lot development.
Disposition of Surplus Review and if directed amend regulations Exec, CD Q2 2019 Boundary Line Adjustment completed. No Property - Lot A as directed by Council to facilitate sale and other amendments required at this time. ensure desired development. Develop Economic 1. Deliver consultant study with UW to Exec 1. Q2 2019 • Economic Development dashboard Development Program. create Economic Development Strategy 2. Q2 2019 completed and presented to Council. 2. Create Economic Development 3. Q4 2019 • Lot A is on the market. Lots D&P to follow "dashboard" for Lots A, D 4th quarter 2019. 3. Initiate disposition of 5 city-owned & P. TBD for • BRE program ongoing. parcels Lots EFG 4. Create business retention and and city hall expansion program block. 5. Develop connections with businesses, 4. Q2 2019 initiate discussion on business license and 5. Q1 2020
fees options Develop strategy for 4 Work closely with Economic Development Exec, all Q4 2019 A Request for Proposals went out seeking acres of former Wayne Manager to develop the parameters for a other Depts consultants to complete a feasibility study for Golf Course feasibility study on economic development the site and a consultant chosen for conduct feasibility study. Launch date is 7/24/19. opportunities at the 4 acres of unrestricted land on the former Wayne Golf Course property
Update Canyon Park 1. Engage stakeholders and general public CD, PW, 1. Q1-Q4 • Conducted additional public engagement Subarea Plan, including in plan update. Parks, Exec, 2019 with workshops in Canyon Park. Over 330 compliance with new 2. Develop land use scenarios to inform Legal 2. Q2 2019 responses to survey of businesses & criteria for Regional plan update and SEPA 3. Q4 2019 employees. Growth Center (RGC) 3. Draft plan and SEPA consistent with 4. Q1-Q4 • Developed two land use scenarios plus no RGC requirements. 2020 (if action. 4. Complete SEPA and Final Plan update funded) • Using planned action approach, allows for for Council action and implementation. recovery of costs. • State budget approved $400k for completion of Canyon Park plan update in 2020.
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September 3, 2019 Agenda Packet Page 118 of 130
ENVIRONMENTAL STEWARDSHIP AND SUSTAINABILITY Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Rebrand BothellCool to 1. Branding reflects City sustainability PW, Exec Q1 2020 Transition plan developed to include plans for be a more programs and priorities better sustainability communications to the comprehensive 2. Organization-wide involvement public.
Sustainability Program aligned to all-City initiatives and communications
Reduce Waste and 1. Increased diversion rates for single PW 1. Q4 2019 • Created enhanced mailer to notify residents Increase Recycling family, multi-family and commercial & of recycling opportunities through properties Q4 2020 City/County programs. 2. Clarify allowed recyclable materials in 2. Q3 2019 • Per Responsible Recycling Taskforce conjunction with the regional Responsible 3. Q3 2019 recommendations to remove shredded Recycling Taskforce 4. Q4 2019 paper/plastic bags from recycling, the City held a community shred event on April 20 3. Explore an ordinance to reduce use of 5. Q4 2020 and recycled 4.8 tons of paper, 200 pounds select single-use plastics and Styrofoam in of cardboard and donated 675 food items Bothell to Maltby Food Bank • Developing single use plastics ban for Council consideration on September 17.
Reduce Waste and 4. Expand multifamily Waste Wise program • Recology staff is targeting eight properties Increase Recycling by signing up 50% more properties than this summer. One property signed up. (continued) 2018 (in summer 2018, five properties with • Sustainability staff held Earth Day events to 390 units signed up for the program.) engage with employees about recycling. 5. Increase City employee understanding Improved signage/containers with Custodial and participation. staff to increase sorting.
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September 3, 2019 Agenda Packet Page 119 of 130 Reduce impacts from Complete 85 business site visits to assist PW Q4 2019 • Public Works/Surface Water staff completed improper disposal and with navigating regulations, waste handling 87 site visits of the 85 targeted for the 2017- handling of business techniques, spills, and proper disposal of 19 Ecology contract for Pollution Prevention hazardous waste dangerous wastes. Assistance (PPA), which is now complete. • The Public Works/Admin Division is in the process of obtaining a new contract with Ecology and an independent consultant with a new set of deliverables.
Reduce chemical Decrease use of chemical fertilizers by 75% PW a. Q4 2019 Program will launch in Q3 of 2019. fertilizer use for among homeowners by education via the & aesthetic applications Natural Yard Care program Q3 2020 a. Provide Natural Yard Care Workshops b. Q3 2020 b. Survey participants of workshops to measure behavior change Raise awareness 1. Provide education on stormwater PW 1. Q4 2019 • Thru Q2, 19 videos, 5 blog posts, 6 Bridge regarding stormwater impacts, spills, and other pollutants to & articles, participated in 5 campaigns, 6 e- pollution Bothell customers via print, electronic, and Q4 2020 news articles, 8 flyers, 6 online surveys, 6 social media 2. Q1 2020 events, 121 social media posts, and 5 2. Conduct a citywide trend analysis survey targeted outreach mailers to determine the understanding of • Trend analysis launch scheduled for early stormwater concepts and adoption of Q4 various behaviors that impact local streams Determine stream Fill data gaps related to ambient PW Q2 2020 Stream delineation underway at this time to health in Bothell to monitoring program in order to complete assess gaps by basin. assist with directing watershed prioritization programs and resources
Increase water 1. Develop and distribute "Water PW 1. Q2 2019 Included conservation messaging in the annual conservation Conservation 101" brochure for Bothell 2. Q3 2019 Water Quality Report. Water customers, including link to online
survey to measure attitudes and behaviors 2. Redistribute educational materials and repeat survey to measure change in attitudes and behaviors
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September 3, 2019 Agenda Packet Page 120 of 130 Complete state 1. Work with Shorelines Board to prepare CD 1. Q1 2019 • Shorelines Board forwarded final SMP mandated update of draft amendments. 2. Q2 2019 recommended amendments to Council. Shoreline Master 2. Conduct public review and prepare final Planning Commission forwarded final CAO
Program and Critical draft for Council action. recommended amendments to Council. Areas Ordinance. • Public review completed for both. Final review and comments from Ecology for Council adoption expected Q3. Potential additional work on CAO postponed final action to Q3. Reduce pesticide use in 1. Reduce pesticide use in Parks while P&R Q2 2019 Staff have eliminated pesticide/herbicide use Parks educating the public on current Integrated in all parks and have not sprayed any Pest Management Program operational pesticide/herbicide in 2019. The only practices exception to our pesticide/herbicide free a. Provide Staff Briefing on subject at approach is the noxious weeds that are Council meeting required to be controlled by the State. Staff b. Identify opportunities to provide public uses approved injection methods which outreach minimize the impact on the environment.
c. Continue to implement pesticide-free a. Staff are preparing a staff briefing for practices Council in October/ November 2019. d. Identify and market current pesticide b. A public outreach strategy is being free parks in Bothell's Park System developed. c. Staff are working with new Volunteer Coordinator to develop volunteer plan to assist with weed removal projects. d. Staff have installed new pesticide/herbicide free signage to communicate with park users.
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September 3, 2019 Agenda Packet Page 121 of 130 FISCAL RESPONSIBILITY & STABILITY Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Implement Public 1. Develop implementation strategy with Exec, all 1. Q1 2019 • Implementation strategy developed, Safety Levy levy committee and departments. other Depts 2. Q1 2019 committee formed, and update provided to 2. Interim Financing for Council approval 3. Q1 2019 Council. 3. Budget Amendment to Council for 4. Q1 2019 • March 5, Council approved interfund loan
approval 5. Q4 2019 from utility funds. 4. Create restricted fund and account • March 5, Council approved Budget codes Amendment & CFP Addendum. 5. Mid-biennial review for budget • Public Safety M&O Levy Fund created. amendment
Implement Public 1. Strategic planning with public safety Exec, all 1. Q1 2019 • Committee began strategic planning and Safety Bond Measure bond committee other Depts 2. Feb 2019 hired contractor through RFQ process. 2. Interim Financing for Council approval 3. Feb 2019 • March 5, Council approved interfund loan 3. Budget amendment to Council for 4. Q1 2019 from utility funds. approval 5. Q1 2019 • March 5, Council approved Budget 4. Create restricted funds and account 6. Q3 2019 Amendment. codes 7. Q3 2019 • Public Safety Capital Construction fund 5. CFP Addendum for Council approval 8. Q4 2019 created. 6. Work with bond counsel in preparation 9. Q4 2019 • March 5, Council approved CFP Addendum. for bond issuance and credit rating • Preliminary bond preparation in process 7. Issue bonds with financial advisors & bond counsel. 8. Mid-biennial review for budget amendment 9. Add to 2020 property tax roll
Review and consider Research other revenue options and/or Exec, all Q4 2019 General Fund revenue restructuring of fees. other Depts options to bridge structural deficit
Prepare and Adopt Prepare, update and formally adopt fiscal Finance Q1 2019 Began preliminary draft policies with financial Fiscal Policies policies Q4 2019 advisors.
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September 3, 2019 Agenda Packet Page 122 of 130 Court Services Options 1. Hire Consultant to conduct study Exec Q1 2019 Karen Reed and Anne Pflug were contracted, Study gathered data in the first quarter of 2019. The data was presented to the City Council at the end of Q2 2019 on June 18. Direction from Council was to bring the item back for further
consideration at a future date. Amend 2019-2020 1. Incorporate public safety levy and bond Finance, 1. Q4 2019 Budget to include Levy financial inflows and outflows into the CD, PW 2. Q3 2019 and Bond 2019 budget amendment. 3. Q4 2019 2. Develop report to provide financial transparency to Council and citizens 3. Amend Comprehensive Plan and Capital Facilities Element to incorporate fire station projects.
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September 3, 2019 Agenda Packet Page 123 of 130 PARKS/RECREATION/OPEN SPACE PARTNERSHIPS Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date
Complete major 10 Develop a planning document that will P&R Q1 2020 PROS Consultant (Conservation Technix) has Year update to the strategically guide the Parks and was hired. First City Council Study Session Parks, Recreation and Recreation Department for the next 10 took place on April 16th. Work is ongoing. Open (PROS) Plan years. (1) Prepare and implement a community outreach program focused on parks and recreational needs for underserved and underrepresented Bothell residents. (2) Conduct and prepare a recreation demand and a youth/young adult amenity study. (3) Prepare a condition assessment report of major park assets. (4) Prepare and recommend capital projects for next 6 years. (5) Identify potential project list for future Parks levy.
Complete negotiations Work with King County to wrap up P&R Q1 2019 Currently working with King County to finish on remaining negotiations on the final easement and finalize agreements. easements at Former language for the former back nine property Wayne Golf Course Master Plan Former 1. Identify potential funding sources for P&R Q4 2020 Wayne Golf Course process in 2019. If additional funding is Property secured, begin Master Planning of the 89 Acres after completion of the PROS Plan in March of 2020.
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September 3, 2019 Agenda Packet Page 124 of 130
PUBLIC SAFETY STRATEGY Target Responsible Strategic Objectives Performance Measures Completion Updates Status Dept(s) Date Provide safe and 1. Hire Contract Project Manager to assist PW, Fire 1. Q2 2019 • Selected OAC and negotiated contract in efficient fire facilities staff with project from design through 2. Q2 2019 March. Contract signed April 18. construction 3. Q3 2019 • Submitted application to CPARB/PRC. 2. Apply to Capital Projects Advisory Review 4. TBD Presented project to PRC June 27 and Board/Project Review Committee 5. TBD received approval to use Progressive Design (CPARB/PRC) for use of alternative delivery 6. TBD Build. method Progressive Design Build 7. TBD • Advertised RFQ for design build team on 3. Select Design-Builder for entire project 8. TBD June 28. 4. Secure temporary location for FS 45 staff 9. TBD • Team will work with Design-Builder to and equipment 10. TBD develop future targets. 5. Begin Construction of Fire Station 45 6. Design Fire Station 42 7. Secure temporary location for FS 42 staff and equipment 8. Complete Construction of Fire Station 45 9. Begin Construction of Fire Station 42 10. Complete Construction of Fire Station
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Improve Training Joint Training group formation with Fire 1. Q1 2019 The “co-locating” of Training Officers is delivery and Northshore, Shoreline, Woodinville and 2. Q2 2019 working well. Finalizing formal organizational efficiencies Bothell Fire Departments. structure and working with Labor to identify any potential impacts. Implement Fire 1. Create a comprehensive succession plan Fire 1. Q1 2019 • Succession Committee to meet again in Strategic Plan committee (4A) 2. Q1 2019 September. They will have a draft road map Objectives for 2019- 2. Establish a health and wellness 3. Q2 2019 for Department succession planning 2020 committee (5A) 4. Q3 2019 completed by the end of Q4. 3. Analyze and determine gap between 5. Q3 2019 • Health and Wellness Committee provided a required and capacity in Training (3A) 6. Q4 2019 “Work Hardening” class to uniformed staff 4. Create and implement a nutrition 7. Q4 2019 in Q2. program (5G) 8. Q1 2020 • Training completed 11,041 hours or 93% of 5. Identify current community outreach 9. Q2 2020 identified “mandatory” training in 2018. We programs and assess their effectiveness 10. Q2 are in year 2 of a new 3-year training (7A) 2020 calendar (North King Training) and expect to 6. Provide training programs for job titles, gain efficiencies in percentage of completed 19
September 3, 2019 Agenda Packet Page 125 of 130 ranks, specialties and credentials (3B) mandatory training through consolidation of 7. Create and implement a physical fitness efforts. program (5F) • Hired Digital Communication Specialist in 1st 8. Develop a comprehensive public quarter. information and outreach program to sure the community if fully informed of service delivery issues. (7D) 9. Determine staffing needs to accomplish training requirements (3F) 10. Develop a mentorship program (4D) Reduce Crime and the Improve response to incidents involving Police Q4 2019 • Q1: The PD spearheaded efforts to make fear of crime Protection Orders/Orders to Surrender updates and improvements to the Model Weapons/ Extreme Risk Protection Policy and to encourage consistency Orders/DV between the King County and Snohomish County versions of the policy. The policy is also now being looked at by Pierce County Sheriff and Chiefs. • Text to 911 was made available to residents. • The Patrol Operations Division implemented a new supervisor/manager meeting format with a strong focus on Problem Based Policing (PBP). PBP is a philosophy of
policing focused on problem identification and problem solution, and prioritizes three components: 1) Statistical data review, 2) Citizen input, and 3) Officer observation.
• Q2: New updates were made to the Court Orders / ERPO model policy, based on numerous changes to State laws. Training was provided to personnel, who have a greater understanding of how to respond to incidents involving ERPO.
Maintain community 1. WASPC Re-Accreditation Police , HR 1. Q2 2019 • Q1: In February 2019, the Police trust. 2. Hire community engagement coordinator 2. Q3 2019 Department passed the WASPC assessor 3. Create new opportunities for positive 3. Q4 2019 records review of all 137 required police/community interactions 4. Q4 2019 accreditation standards. Final site 4. Use of Force training to ensure assessment occurred on 3/5j2019. During compliance with I940 this phase, WASPC assessors conducted a
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September 3, 2019 Agenda Packet Page 126 of 130 Department site visit that included employee interviews, process tours and physical verifications. The WASPC Director or Professional Services prepared a final written report that will be submitted to the WASPC accreditation Commission. If approved by the Commission and Executive Board, the PD will receive the award and be formally recognized at the WASPC Spring Conference in May 2019. • Various PD personnel are registered to attend training at the CJTC, sponsored by WCIA. This training will address “Best Practices for Risk Managing Law Enforcement in the I-940 Era.” • A language ID poster was posted in the PD Public Lobby, and Records Staff now have a laminated Language ID card. This will assist visitors in identifying their preferred language for purposes of providing translation services. • PD and HR have worked collaboratively to develop job description for the new Community Engagement Coordinator position. Position recruitment will begin early Q2. • Command Staff attended several meetings and forums involving the regional Muslim community. This effort included sitting on discussion panels and participating in Q&A sessions. • Police Officers participated in “Reading Nights” at Crystal Springs and Westhill Elementary Schools. • Police Officers provided a tour of the PD to students from Japan who were in Bothell as guests of BHS students.
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September 3, 2019 Agenda Packet Page 127 of 130 • Q2: The PD was awarded WASPC re- accreditation during the WASPC Spring Conference held in Spokane in May. • Preliminary interviews were conducted with several highly qualified persons for the Community Engagement Coordinator position. Final interviews and a selection will be conducted in early Q3. • The PD engaged in several community meetings and events during Q2 to include: SHAG Meet and Greet YMCA Healthy Kids Day Coffee With a Cop Care Day • The PD provided Active Shooter Presentations and Training Sessions to ICOB and UCIC School. In addition, the PD provided Active Shooter Training Sessions to City employees.
Prepare and adopt 1. Prepare, update and formally adopt the Exec, all 1. Q1 Adopted by Council on March 19, 2019 and required Emergency Comprehensive Emergency Management other 2019 currently in progress. Management Plans Plan (CEMP). Departments 2. Q2 2. In coordination with King County Office of 2019 Emergency Management, begin the process of updating the City’s Hazard Mitigation Annex to the regional plan. Identify emergency 1. Conduct a Continuity of Government Exec, all 1. Q1 • Continuity of Government Workshop management training Workshop. other Depts 2019 conducted on Feb. 28, 2019. gaps and needs. 2. Conduct a Recovery Planning Workshop. 2. Q1 • Recovery Planning Workshop conducted on Conduct applicable 3. Conduct 800 MHz radio training. 2019 March 14, 2019. training and other 4. In partnership with Safety, train staff in 3. Q1 • Conducted numerous training with CD and development activities evacuation procedures. 2019 PW in March 2019. to fill gaps and 5. In cooperation with Snohomish County and 4. Q3 • provide public safety. King County apply for an Integrated 2019 Safety is now fully managing training staff in Emergency Management Course for federal 5. Q1 evacuation procedures. consideration in FY 2020. 2019 • Submitted in March for the IEMC course. Establish new and 1. Apply for a WA Service Corps Exec, Fire 1. Q1 • Grant submitted in March 2019, was strengthen existing (AmeriCorps) staff member. 2019 declined. Potential for resubmitting and relationships with 2. Create a regional partnership with 2. Q1 funding for Q3. community and Northshore School District, Northshore 2019 • Regular, ongoing efforts and meetings are regional leaders, Emergency Management Coalition, occurring with partners. 22
September 3, 2019 Agenda Packet Page 128 of 130 schools, businesses and Northshore Council PTSA, and City of 3. Q2 • Public Safety Coordination Group creation is local residents to seek Woodinville for regional school 2019 on-hold due to departmental staffing support and provide preparedness. 4. Q1 changes. information about 3. Begin creation of a Public Safety 2020 • CERT – no changes to report to this program emergency Coordination Group. for Q2. Expected changes to occur in Q3 management. 4. Manage oversight of the Community and Q4. Emergency Response Training (CERT). Prepare and manage 1. Submit Environmental and Historic Exec, PW, 1. Q1 • Submitted EHP forms for BOC project which the Emergency Preservation Forms. Fire 2019 was approved by State, but denied Management 2. Manage oversight of BOC Electrical 2. Q2-3 Federally. Performance Grant Upgrade Project. 2019 • Project denied by Feds. Restructured grant to (EMPG) 3. Manage the oversight of the Community 3. Q2-3 provide for plug-load lighting for Posting Board Project. 2019 emergencies. • Added a new Community Posting Board in Canyon Park bringing total to 15 signs in the city.
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September 3, 2019 Agenda Packet Page 129 of 130 TECHNOLOGY STRATEGY Target Responsible Strategic Objectives Performance Measures Completion Updates Dept(s) Date Raise the City’s 1. HR/Payroll/Timekeeping System IS, all other 1. Q4 2020 • Completed first meeting to discuss technology standards 2. Add Parks to existing Asset Depts 2. Q1 2020 implementation of Lucity program in Parks. to match the citizens’ Management System 3. Q4 2019 Visited the City of Kirkland to learn about needs and local 3. Fire Mobile Fleet Replacement 4. Q2 2020 their implementation of the program. jurisdictions and 4. Police Digital Evidence System 5. Q4 2019 • Go Live Scheduled for July 29th. become A Smart City in 5. Fire Annual Inspections System 6. Q2 2021 the future. 6. Add Streets and Transportation to 7. Q4 2019 existing Asset Management System 8. Q3 2019 7. Digital electronic signature solution.
8. Utility Billing
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September 3, 2019 Agenda Packet Page 130 of 130