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2011.04.12 CC Agenda Packet AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds _______________________________________ APRIL 12, 2011 5:30 p.m. - Executive session regarding real estate negotiations and labor negotiations. (Police Training Room, Public Safety Complex) 7:00 p.m. - City Council Committee Meetings The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1.Community Services/Development Services Committee Meeting Room: Council Chambers A. (15 Minutes)FEMA Biological Opinion B. (5 Minutes)Authorization for Mayor to sign the contract with the Edmonds-South Snohomish County Historical Society for the 2011 Edmonds Market. C. (5 Minutes)Authorization for Mayor to sign the contract with the Edmonds Arts Festival Association for the 2011 Edmonds Arts Festival. D. (5 Minutes)Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 4th of July parade and fireworks display. E. (5 Minutes)Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 2011 Taste of Edmonds. F. (5 Minutes)Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 2011 Classic Car Show. G. (5 Minutes)2011 Senior Center Agreement H. (5 Minutes)Authorization for Mayor to sign utility easements for the Lift Station 2 Improvements Project. I. (5 Minutes)Quarterly Public Works Capital Project Report. J. (5 Minutes)Traffic Impact Fee Annual Report. 2.Finance Committee Packet Page 1 of 129 2.Finance Committee Meeting Room: Jury Meeting Room A. (5 Minutes)Quarterly report regarding fiber optic opportunities. B. (15 Minutes)Discussion on Park Impact Fees. C. (10 Minutes)Monthly General Fund Update. D. (10 Minutes)Update on financial policies and reporting. E. (10 Minutes)Public comments (3-minute limit per person) 3.Public Safety and Human Resources Committee Meeting Room: Police Training Room A. (30 Minutes)Discussion of compensation consultant. B. (30 Minutes)Discussion of new council staff position related to budget/financials/insurance. Packet Page 2 of 129 AM-3842 Item #: 1. A. City Council Committee Meetings Date: 04/12/2011 Time:15 Minutes Submitted By:Kernen Lien Department:Planning Committee:Community/Development Services Type:Action Information Subject Title FEMA Biological Opinion Recommendation from Mayor and Staff Choose Option #3: Permit-by-permit demonstration of compliance. Previous Council Action None. Narrative In September 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion concluding that the National Flood Insurance Program (NFIP), as currently implemented, caused jeopardy to salmon and and southern resident killer whales and also adversely modified their critical habitat. The Federal Emergency Management Agency (FEMA), collaborated with NMFS in developing alternatives that would reduce the adverse effects and thus not cause jeopardy or adverse modification. Ultimately, NMFS developed only one Reasonable and Prudent Alternative (RPA) that is comprised of 7 Elements. Element 3 of this RPA requires evaluating, prohibiting or mitigating adverse effects to species/habitat on any development occurring in the floodplain. NMFS requires FEMA to revise implementation of the NFIP by requiring participating communities to demonstrate to FEMA that any proposed development in the FEMA designated floodway, Channel Migration Zone plus 50 feet, and the riparian buffer zone does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. FEMA is implementing RPA Element 3 by requiring local jurisdictions to implement one of three options: (1) adopt a FEMA-developed model ordinance that meets the Endangered Species Act (ESA) requirements identified in RPA Element 3; (2) demonstrate through a FEMA-approved checklist that the jurisdiction’s current land use regulations and plans already meet the requirements of RPA Element 3; or (3) demonstrate ESA compliance through permit-by-permit coordination with NMFS for any new development in the floodplain. The City of Edmonds, as a FEMA-defined “Tier 3 community”, must demonstrate full compliance with the Biological Opinion by September 23, 2011 (Attachment 1). See Attachment 2 for staff's evaluation of the three options for compliance with the Biological Opinion. Attachments Attachment 1 - FEMA Letter to City of Edmonds Attachment 2 - Staff Memo to CS/DS Committee Attachment 3 - NMFS Bulletin on Reasonable and Prudent Alternative Element 3 Attachment 4 - 100-year floodplian in Edmonds Attachment 5 - Everett Herald Article on FEMA Biological Opinion Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 09:24 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Kernen Lien Started On: 04/05/2011 07:59 AM Final Approval Date: 04/07/2011 Packet Page 3 of 129 Final Approval Date: 04/07/2011 Packet Page 4 of 129 P a c k e t P a g e 5 o f 1 2 9 P a c k e t P a g e 6 o f 1 2 9 P a c k e t P a g e 7 o f 1 2 9 Page 1 of 3 Date: April 7, 2011 To: CS/DS Committee From: Kernen Lien, Associate Planner Jerry Shuster, Stormwater Engineering Program Manager Subject: FEMA Biological Opinion _____________________________________________________________________________ Introduction In 2003, the National Wildlife Federation sued the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) for failure to consult under the Endangered Species Act (ESA) in regards to its administration of the National Flood Insurance Program (NFIP). In November 2004, a judge agreed and required FEMA to consult with the National Marine Fisheries Service (NMFS) on the NFIP impacts to salmon. In September 2008, NMFS provided a Biological Opinion concluding that the NFIP, as currently implemented, caused jeopardy to three salmonid populations and the Southern Resident killer whale populations and also adversely modified their critical habitat. FEMA collaborated with NMFS in developing alternatives that would reduce the adverse effects and thus not cause jeopardy or adverse modification. Ultimately, NMFS developed only one Reasonable and Prudent Alternative (RPA) that is comprised of 7 Elements. Element 3 of this RPA requires evaluating, prohibiting or mitigating adverse effects to species/habitat on any development occurring in the floodplain. NMFS requires FEMA to revise implementation of the NFIP by requiring participating communities to demonstrate to FEMA that any proposed development in the FEMA designated floodway, Channel Migration Zone plus 50 feet, and the riparian buffer zone does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. FEMA is implementing RPA Element 3 by requiring local jurisdictions to implement one of three options: (1) adopt a FEMA-developed model ordinance that meets the Endangered Species Act (ESA) requirements identified in RPA Element 3; (2) demonstrate through a FEMA- approved checklist that the jurisdiction’s current land use regulations and plans already meet the requirements of RPA Element 3; or (3) demonstrate ESA compliance through permit-by-permit coordination with NMFS for any new development in the floodplain. The City of Edmonds, as a FEMA-defined “Tier 3 community”, must demonstrate full compliance with the Biological Opinion by September 23, 2011. MEMORANDUM Packet Page 8 of 129 Page 2 of 3 Reasonable and Prudent Alternative Element 3 Compliance Options City of Edmonds staff (along with all the other jurisdictions in the Puget Sound region) has been researching the three options for compliance with the Biological Opinion. A brief summary of the three options follow. Option 1 – FEMA Developed Model Ordinance The Model Ordinance is a template that cities, counties and tribes can customize and adopt which allows land users to comply with the NFIP and ESA. The Model Ordinance combines floodplain requirements with habitat requirements and was written to be ESA inclusive, not just salmon specific. As a result, the Model Ordinance also contains some “bells and whistles” that are more than minimally necessary to comply with the Biological Opinion. Adopting the Model Ordinance would ensure that development within the City of Edmonds floodplains is compliant with the Biological Opinion; however, the Model Ordinance may be overly restrictive. Outright adoption of the Model Ordinance would significantly complicate floodplain use and development, even for critical infrastructure facilities. The limitation may even apply in areas that are already developed and provide little or no habitat benefit. The City of Edmonds has limited flood hazard areas within the City and the bells and whistle approach of the Model Ordinance might not be appropriate for the City. Option 2 – FEMA Checklist The FEMA Checklist is a way to demonstrate to FEMA how the City’s existing regulations, programs and requirements associated with issuance of floodplain development permits (such as the Shoreline Master Program, critical areas, stormwater and floodplain regulations, etc.) conform to the requirements outlined in the Biologic Opinion. If while filling out the checklist it is determined that something is missing, the City may adopt portions of the Model Ordinance to fill in the gaps. Completing the checklist and receiving approval by FEMA meets the minimum requirements of the Biological Opinion and may be salmon-centric. Completion of the Checklist puts a significant upfront burden on the City. The approach, however, also provides a potential avenue for meeting the new NFIP requirements while achieving local community needs. The Checklist approach would likely require a review of existing floodplain habitat conditions, an assessment of existing local regulatory programs, and completion of a gap analysis to identify where additional protections may be necessary. Staff initially pursued this approach and solicited proposals from a select number of consultants. The consultant that was selected indicated it would take $23,960 to implement this approach for the City of Edmonds. Given budgetary constraints, we decided not to follow through with the Checklist approach. Option 3 – Permit-by-permit Coordination with NMFS Option 3 is a permit-by-permit approach that requires demonstration of compliance on a project level basis. A habitat assessment will be required for each project within the floodplain that also requires a look at cumulative effects of development. For jurisdictions like Edmonds that have a limited amount of floodplain plain area permit-by- permit review may be an appropriate strategy. The attached map shows the floodplain areas within the City of Edmonds as identified by the FEMA FIRM maps. Generally the 100 year floodplain areas are located along the shoreline of Puget Sound and around Lake Ballinger. Packet Page 9 of 129 Page 3 of 3 These areas are already largely developed and it is not likely that the City will receive many applications for development with the floodplain. Option 3 would put the burden of demonstrating compliance with the Biological Opinion on the applicant, while Option 1 and Option 2 would put the demonstration of compliance on the City. Recommendation While NMFS and FEMA have provided jurisdictions with three options for demonstrating compliance with the Biological Opinion, there is still significant uncertainty about how this new regulatory regime will work out. A conference titled “Demystifying National Flood Insurance Program Alignment with the Endangered Species Act” was held at the Edmonds Conference Center on March 1 & March 2, 2011 in which close to 300 people from federal, state, and local agencies as well as consultants and tribes attended. After two days of discussion, there was still great uncertainty about how far local jurisdictions are going to have to go to demonstrate compliance with the Biological Opinion (see attached article from the Everett Herald). Given the uncertainty surrounding Biological Opinion compliance and the limited amount of floodplain within the City of Edmonds, staff feels the best option for the City of Edmonds at this time is to follow Option 3, permit-by-permit coordination. The City can monitor how implementing Option 3 is working for permitting and can change course at a later time if Option 3 turns out to be overly burdensome. If at a later date it is determined that the City should implement Options 1 or 2, some of the uncertainties surrounding compliance with the Biological Opinion may be cleared up by that time and it will be more clear on how the City can demonstrate compliance with the Biological Opinion. Next Steps If the City of Edmonds goes with Option 3, the City must send a letter to FEMA stating that is the path chosen for compliance with the Biological Opinion. The City will also have to adopt language in the code indicating that applicants will have to demonstrate their project is ESA compliant prior to City permit issuance for projects within the floodplain. Packet Page 10 of 129 noaa fisheries service U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries ServicePhoto: John McMillian National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) February 2011 Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria Summary A. FEMA shall modify its Floodplain Management Criteria ASAP for PS NFIP communities to carry out the following measures: 1. Allow no development in the Riparian Buffer Zone (RBZ, identified as the greater of the channel migration zone plus a 50-foot buffer, the riparian buffer width specified by stream type, and the floodway), OR 2. Local jurisdiction must demonstrate to FEMA that proposed RBZ development does not adversely affect salmon habitat needs. 3. In addition to either 1 or 2 above, either: a) Prohibit development in the 100 yr floodplain, OR b) Avoid, rectify or compensate for any loss of floodplain storage and fish habitat from development in the 100 yr floodplain (outside RBZ). Any development allowed must use Low Impact Development methods to minimize or avoid stormwater effects. Any indirect adverse effects must be mitigated. c) Structural improvements/repairs resulting in greater than 10% increase in structure footprint must mitigate adverse effects to fish or their habitat. B. FEMA shall ensure that all PS NFIP communities implement land-use management measures consistent with criteria in 3.A.1 1. Prioritized FEMA implementation schedule and benchmarks a) 35% of all PS NFIP jurisdictions shall implement RPA 3.A. criteria, including 100% of Tier 1 jurisdictions (see Appx 3) b) 75% of all PS NFIP jurisdictions shall implement RPA 3.A. criteria, including 100% of Tier 2 jurisdictions (see Appx 3) c) 100% of all PS NFIP jurisdictions shall implement RPA 3.A. criteria 2. FEMA shall report annually to NMFS until all PS NFIP jurisdictions have implemented RPA 3.A. C. Until all PS NFIP jurisdictions have implemented RPA 3.A., they must track and report to FEMA all floodplain permits issued. Any unmitigated 1 The original times frames for compliance with RPA element 3 were modified by letter from NMFS to FEMA on September 10, 2010, extending the time frame for compliance for tier 1 and 2 communities to be uniform with the tier 3 communities. The compliance date is now September 22, 2011 for all three tiers. Packet Page 11 of 129 National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria development must be mitigated by FEMA. Any mitigation shall comport with WA State Fish Passage & Habitat Enhancement Restoration Programmatic (7-08- 08). D. Any communities allowing projects in the floodplain using the mitigated cut and fill option, shall report to FEMA semi-annually. If NMFS finds that any mitigation actions taken are not fully effective, FEMA shall ensure further mitigation is provided through RPA 6 or other means available to the community (e.g., mitigation banks). Reasonable & Prudent Alternative full text The FEMA shall modify its implementation of the NFIP minimum criteria in NFIP communities in the Puget Sound Region in order to prevent and/or minimize the degradation of channel and floodplain habitat, as described below. In addition FEMA will report progress to NMFS on an annual basis on all sub-elements below. A. As soon as possible upon issuance of this Opinion, FEMA shall revise its implementation of the current NFIP minimum criteria so that the following measures, necessary for protecting listed salmonids, are carried out in the Puget Sound Region as described in Appendix 4 (Minimum Criteria) and summarized below: 1. Allow no development in the floodway, the CMZ plus 50 feet (as identified according to Ecology 2003), and the riparian buffer zone (RBZ, as described by the Department of Natural Resources 2007 stream typing system and WDFW’s 1997 stream buffer guidelines), and floodway (as mapped by the FIRM). OR 2. The local jurisdiction with permitting authority must demonstrate to FEMA that any proposed development in the FEMA designated floodway, the CMZ plus 50 feet (as identified according to Ecology 2003), and the riparian buffer zone (RBZ, as described by the Department of Natural Resources 2007 stream typing system and WDFW’s 1997 stream buffer guidelines) does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. 3. In addition to either 1 or 2 above, either: a. Prohibit development in the 100-year floodplain, OR b. If development within the 100-year floodplain but outside the RBZ, is permitted, any loss of floodplain storage shall be avoided, rectified or compensated for. An example of compensation is the creation of an equivalent area and volume of floodwater storage and fish habitat through a balanced cut and fill program that provides fish refugia habitat and prevents fish stranding. Additionally, indirect adverse effects of development in the floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, etc.) must also be mitigated such that equivalent or better salmon habitat protection is provided. (See Appendix 4 for more detail on how to comply with this criteria). Using option 3.A.3.b will require tracking the projects that occur and reporting to FEMA on a semi-annual basis (see 3.D. below). For development within the 100-year floodplain permitted under 3.A.3.b, construction in the floodplain shall use Low Impact Development (LID) methods (generally requiring infiltration of all on-site stormwater), such as those described in the Low Impact Development Technical Guidance Manual for Puget Sound (Puget Sound Action Team and WSU/Pierce County Extension 2002) to minimize or avoid stormwater effects. 4. Any improvements or repairs to existing structures that result in a greater than 10 percent increase of the structure footprint must mitigate for any adverse effects to species or their habitat as described in 3.A.3.b. B. The FEMA shall implement RPA Element 3.A by ensuring that all participating NFIP communities in the Puget Sound region implement land-use management measures consistent with the criteria as soon as practicable, but in no event later than three years from the date of this Opinion. 1. The FEMA shall focus its implementation efforts first on communities located in areas of “Tier 1” salmon populations, secondly on communities located in areas of “Tier 2” salmon populations, and then on the remaining Puget Sound NFIP communities (see Appendix 3 for Page 2 of 6 Packet Page 12 of 129 National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria an explanation of Tier 1 and 2 populations and a list of jurisdictions where they are located). The FEMA shall demonstrate compliance with the following benchmarks: a. Thirty-five percent of NFIP jurisdictions in the Puget Sound Region shall have implemented the criteria set forth in RPA Element 3.A within two years of this issuance of this opinion, including 100 percent of Tier I jurisdictions; b. Seventy percent of NFIP jurisdictions in the Puget Sound Region shall have implemented the criteria set forth in RPA Element 3.A within two and a half years of the issuance of this opinion, including 100 percent of Tier 2 jurisdictions; and c. One hundred percent of NFIP jurisdictions within the Puget Sound Region shall have implemented the criteria set forth in RPA Element 3.A within three years of the issuance of this Opinion. 2. Until all Puget Sound communities have implemented the criteria set forth in RPA Element 3.A, the FEMA shall report annually to NMFS on the status of its efforts to implement the RPA and the number of Puget Sound NFIP jurisdictions that have implemented the revised criteria. C. Interim Actions. In the time period between the issuance of this Opinion, and the full implementation of RPA 3.A by participating communities, FEMA shall advise the Puget Sound NFIP communities that they must keep track of all floodplain permits that they issue and report this information to FEMA on an annual basis. The FEMA will provide this information to NMFS annually, highlighting any permits that allowed development affecting channel or floodplain habitat, or resulted in indirect effects to salmonid habitat from stormwater, removal of riparian vegetation, bank armoring, changes in the CMZ, large wood input, or gravel recruitment, etc. If NMFS finds that any unmitigated actions affecting listed species have occurred as a result of these permits, NMFS will advise FEMA to this effect, and FEMA will ensure that mitigation is provided prior to the next reporting period. Mitigation actions shall comport with those habitat restoration and enhancement actions consulted on in the programmatic consultation between NMFS Page 3 of 6 and the COE, entitled Washington State Fish Passage and Habitat Enhancement Restoration Programmatic, NMFS Tracking No. 2008-03598. D. Long term actions. Communities that have adopted the minimum criteria option allowing equivalent cut and fill (3.A.3.b. above), must report to FEMA on the number of projects that take place in the floodplain and the effectiveness of the mitigation. If based on FEMA’s annual reporting, NMFS finds that the mitigation is not fully effective, FEMA shall ensure that further mitigation is provided for these actions through RPA Element 6 or through other means available to the community (e.g., mitigation banks) and shall reflect these actions in the next annual report. Mitigation actions shall comport with those habitat restoration and enhancement actions consulted on in the programmatic consultation between NMFS and the COE, entitled Washington State Fish Passage and Habitat Enhancement Restoration Programmatic, NMFS Tracking No. 2008-03598. Appendix 4: Minimum Criteria It is the purpose of the following criteria to maintain streams and floodplains in their natural state to the maximum extent possible so they support healthy biological ecosystems, by: 1) assuring that flood loss reduction measures under the NFIP protect natural floodplain functions and riparian habitat, and the natural processes that create and maintain fish habitat, and 2) preventing or minimizing loss of hydraulic, geomorphic, and ecological functions of freshwater and estuarine floodplains and stream channels. In all 100-year floodplain areas (SFHAs) the following criteria apply: 1. Restrict Development in the Riparian Buffer Zone for all watercourses including off channel areas (areas outside this zone but within the Special Flood Hazard Area) to provide necessary protection to the RBZ. The RBZ is the greater of the following:  250 feet measured perpendicularly from ordinary high water for Type S (Shorelines of the State) streams, 200 feet for Type F streams (fish bearing streams) greater than 5 feet wide, 150 feet for Type F streams less than 5 feet wide, and 150 feet for N (nonsalmonid-bearing) streams, lakes and marine shorelines2. 2 2nd Errata Letter Packet Page 13 of 129 National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria  the Channel Migration Zone3 plus 50 feet; and  the mapped Floodway. The Riparian Buffer Zone is an overlay zone that encompasses lands as defined above on either side of all streams, and for all other watercourses including off channel areas. The RBZ is a no-disturbance zone, other than for activities that will not adversely affect habitat function. Any property or portion thereof that lies within the RBZ is subject to the restrictions of the RBZ, as well as any zoning restrictions that apply to the parcel in the underlying zone. Restrictions in this area apply to all development, per the definition of development.4 Uses that are not permitted unless shown not to adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmon, include the following: new buildings, including accessory buildings; new impervious surfaces; removal of native vegetation; new clearing, grading, filling, land-disturbing activity or other “development” (see definition), other than for the purpose of replacing non-native vegetation with native vegetation, and for other 3 The lateral extent of likely movement along a stream reach during the next one hundred years with evidence of active stream channel movement over the past one hundred years. Evi- dence of active movement can be provided from aerial photos or specific channel and valley bottom characteristics. A time frame of one hundred years was chosen because aerial photos and field evidence can be used to evaluate movement in this time frame. Also, this time span typically represents the time it takes to grow mature trees that can provide functional large woody debris to most streams. In large meandering rivers a more detailed analy- sis can be conducted to relate bank erosion processes and the time required to grow trees that function as stable large woody debris. With the exception of shorelands in or meeting the criteria for the “natural” and “rural conservancy” environments, areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ. All areas, including areas within the “natural” and “rural conservancy” environments, separated from the natural channel by legally existing structures designed to withstand the 100- year flood shall not be considered within the CMZ. A tributary stream or other hydraulic connection allowing listed species fish passage draining through a dike or other constricting structure shall be considered part of the CMZ. 4 Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, exca- vation or drilling operations, storage of equipment or materials, or any other activity which results in the removal of substantial amounts of vegetation or in the alteration of natural site charac- teristics located within the area of special flood hazard. approved restoration work; septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills; receiving areas for toxic or hazardous waste or other contaminants; and, stream relocations, unless the primary function of the action is to restore natural ecological function. In the RBZ the following uses are allowed: [1] repair or remodel of an existing building in its existing footprint, including buildings damaged by fire or other casualties; [2] removal of noxious weeds; [3] replacement of non- native vegetation with native vegetation; [4] ongoing activities such as lawn and garden maintenance; [5] removal of hazard trees; [6] normal maintenance of public utilities and facilities; and [7] restoration or enhancement of floodplains, riparian areas and streams that meets Federal and State standards. 2. Protect fish habitat and flood storage in the remaining 100-year floodplain (outside the RBZ) by either: a.) Prohibiting development in the 100-year floodplain, OR b.) Providing compensation for any effects to floodwater storage and fish habitat function within the 100-year floodplain. Any development in the 100-year floodplain must be compensated, for example, through the creation of an equivalent area and volume of floodwater storage and fish habitat through a balanced cut and fill program. The new flood storage/habitat area must be graded and vegetated to allow fish refugia during flood events and return to the main channel as floodwaters recede without creating stranding risks. In addition, equivalent area, if not located on site, must be located in priority floodplain restoration areas identified in the ESU Recovery Plan for listed species. 3. Mitigate for all indirect effects of development in the floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, LWD, etc.) such that equivalent or better salmon habitat protection is provided. Stormwater. Reduce flood volumes and stormwater runoff from new development by ensuring that increased volumes of stormwater reach the river at the same frequency, timing, and duration as historical runoff. Low Impact Development (LID) methods are required to treat and infiltrate runoff as described in PSAT 2002. These methods generally include various Page 4 of 6 Packet Page 14 of 129 National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria practices for infiltrating stormwater to provide water quality treatment, match historical runoff durations, and preserve base flows. Riparian vegetation: Maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site (per WDFW riparian management recommendations (Knutson and Naef 1997)). Bank Stability: Bank stabilization measures along salmonid-bearing streams, channel migration zones, and along estuarine and marine shorelines must be minimized to the maximum extent possible. If bank stabilization measures are necessary, bioengineered armoring of streambanks and shorelines must be used (per the Integrated Streambank Protection Guidelines 2003 (for riverine shorelines) or the State Shorelines Guidelines on bank stabilization (2003) (for estuarine and marine shorelines). Channel migration. No activity is allowed that limits the natural meandering pattern of the channel migration zone, however, natural channel migration patterns may be enhanced or restored (see Rapp and Abbe 2003, for delineating channel migration zones). Hyporheic zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater and the hyporheic zone, however, natural hyporheic exchange may be enhanced or restored (see Bolton and Shelberg. 2001 for hyporheic zone issues). Wetlands. Wetland function must be maintained or replaced by providing equivalent function per Washington State Department of Ecology (McMillan 1998) regulations. LWD. Any LWD removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD (per WDFW Aquatic Habitat guidelines). In the 100-year floodplain outside the Riparian Buffer Zone the following apply: 1) For buildable lots partially in the floodplain, require structures to be located on the portion of the lot outside of the mapped floodplain. Where a buildable lot is fully in the floodplain, structures must be sited in the location that has the least impact on listed salmon, e.g., located as far from the stream or river as possible on the lot, placing structures on the highest land on the lot, orienting structures parallel to flow rather than perpendicular, and avoiding disruption of active hyporheic exchange on a site. 2) Require zoning to maintain a low density (e.g., 5-acre lots or greater) of floodplain development to reduce the damage potential within the floodplain to both property and habitat, and help maintain flood storage and conveyance capacity. 3) All structures must be set back at least 15 feet from the RBZ and shall be sited as close to the 100-year floodplain boundary as possible. 4) In an effort to site structures as far away from the watercourse and RBZ as possible, the applicant will be apprised of the elevations of the 10-year and 50-year floods in detailed study areas at the same time that the (city, county) provides the 100-year elevation as a part of the permit review. The applicant, in addition to plotting the 100-year elevation near the building site, will also plot the 10 and 50-year elevations on the land. The purpose is to show the applicant the significantly lower risk of placing the structure further away from the watercourse. 5) Structures built using post, pier, piling or stemwall construction may require less mitigation than structures built on earth fill, but must provide equivalent mitigation for lost fish habitat and indirect effects from development. 6) Creation of new impervious surfaces5 shall not exceed 10 percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided. 7) Removal of native vegetation must leave 65 percent of the surface area of the portion of the lot in the floodplain in an undeveloped state; the 65 percent pertains to the entire portion of the lot in the floodplain, including that area in the RBZ, where removal of native vegetation is generally prohibited. 8) The proposed action must be designed and located so that it will not require new structural flood protection (e.g., levees). 5 Any material or land alteration (i.e. clearing, grading, etc.) which reduces or prevents absorption of storm water into the ground. That hard surface area which either prevents or retards the entry of water into the soil, water that had entered under natural conditions prior to development; and/or that hard surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to: roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, and packed earthen materials. Page 5 of 6 Packet Page 15 of 129 National Marine Fisheries Service’s Biological Opinion (BiOp) on the National Flood Insurance Program (NFIP) Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria 9) During the floodplain permit review process, applicants shall be notified that their property contains land within the Riparian Buffer Zone and/or 100-year floodplain, and that the applicant is required to record a Notice on Title on the property before a permit may be issued. Applicants shall be further notified that development in the RBZ and 100-year floodplain can only occur according to the above criteria. 10) New road crossings over streams are prohibited. 11) Concepts of cluster development, density transfer, credits and bonuses, planned unit development, and transfer of development rights shall be employed wherever possible. 12) Any flood information that is more restrictive or detailed than the FEMA data can be used for flood loss reduction and/or fisheries habitat management purposes, including data on channel migration, more restrictive floodways, maps showing future build-out and global climate change conditions, specific maps from watershed or related studies that show riparian habitat areas, or similar maps. In the RBZ and the floodplain the following re- development criteria apply: 1) Require that expansion to existing buildings in the floodplain be limited to no more than 10 percent of the existing footprint (i.e., when building and other structures such as garages are substantially damaged or expanded in the floodplain), unless mitigation for any adverse effects to floodplain habitat is provided, as described above. 4. Communities choosing to implement the mitigation option (2.b. above) must track the projects for which they issue floodplain development permits, including effects to flood storage, fish habitat, and all indirect direct of development. The expected development effects, the equivalent mitigation provided, and the success of the mitigation in replacing the affected fish habitat and flood storage functions shall be reported to FEMA on a semi-annual basis (according to the monitoring requirements in RPA element 3.D). Page 6 of 6 Packet Page 16 of 129 76 t h A v e W Main St Oly m p i c V i e w D r 196th St SW Pine St 9t h A v e N 66 t h A v e W N 205th St/244th St SW 84 t h A v e W 88 t h A v e W 220th St SW 68 t h A v e W Bowdoin Wy 212th St SW 10 0 t n A v e W Dayton St 74th A v e W 208th St SW Talb o t R d Ol y m p i c A v e 200th St SW Lund's Gulch Rd 80 t h A v e W Ti m b e r L n 224th St SW 95 t h P l W 3rd A v e N 168th St SW 75 t h P L W 96 t h A v e W 72 n d A v e W M e a d o w d a l e R d Ma p l e w o o d D r 206th St SW 240th St SW Wachussett Rd 80 t h A v e W §¨¦I-5 ¯99 ¯104 ¯524 0 2,000 4,000 6,000 8,0001,000 Feet H100-year Floodplain 1 inch = 2,500 feet Packet Page 17 of 129 Everett, Washington Published: Sunday, April 3, 2011 New rules to protect fish are clear as mud, cities say By Debra Smith, Herald Writer EVERETT -- Building near shorelines may get a lot more complicated this fall. That's when new rules are scheduled to take effect that further limit development in floodplains. The rules, handed down by the Federal Emergency Management Agency, are intended to protect vital fish habitat. They also could severely limit building within 250 feet of waterways. That includes hundreds of acres slated for development or already developed now in local cities. In Everett, these areas include the Port of Everett's Riverside Business Park and part of the city's multimillion- dollar planned riverfront development. Spencer Island, Smith Island and private home sites along Lowell-Larimer Road also fall under the FEMA rule. More than 100 Puget Sound communities are expected to be affected by the rules, including Snohomish, Monroe, Sultan, Arlington, Granite Falls and county areas along waterways. If communities can't appease the federal agencies involved, they risk losing eligibility for federal flood insurance. "It's kind of scary when we look at the amount of land that would be affected," said Allan Giffen, Everett's Planning & Community Development director. The guidelines stem from an opinion issued by the National Marine Fisheries Service. The agency found that the FEMA's flood insurance program is so widely available in the Puget Sound region, it's leading to rapid development in floodplains. That, in turn, harms habitat for fish protected under the Endangered Species Act. "What we've tried to do with the biological opinion is change standards and activities that adversely affect fish in the floodplain," said Tom Sibley, north Puget Sound branch chief for the National Marine Fisheries Service. Floodplains play a vital role in the health of Puget Sound, he said. They store nutrients, filter pollutants and provide shelter for young salmon. Floodplains also help protect people by slowing down millions of gallons of destructive floodwaters, he said. In Everett, officials are concerned the new rules are designed for pristine habitat, not urban areas such as Everett that have been diked and developed for a century. "We aren't talking about pristine habitat," Giffen said. "We are talking about already developed areas that are definitely not native." Everett already follows local and state rules for building near shorelines, he said. Those rules include a biological assessment to make sure there is "no net loss" to fish habitat. The new rules are more restrictive, requiring "no adverse effects" to fish habitat -- even in the short term. Giffen worries that means restoration projects, such as breaching dikes or pulling out creosote pilings, wouldn't be Page 1 of 2HeraldNet: Print Article 4/6/2011http://www.heraldnet.com/apps/pbcs.dll/article?AID=/20110403/NEWS01/704039942/1060... Packet Page 18 of 129 allowed because they temporarily harm fish habitat by stirring up the water. Development in floodplains has led to dozens of acres of habitat restoration in and around Everett. That's because the city requires builders to pay for enhancement or restoration of habitat when they build in floodplains. The new rules aren't intended to return already developed areas to their pristine beginnings, Sibley said. The intention is to protect floodplains from losing any more fish habitat. "We didn't mean for urbanized areas to go back to 1820," he said. "If you don't have any fish functions, it's hard to lose any." He also said restoration projects and utility work are still allowed under the new rules. FEMA has held workshops for local public officials to help make sense of the rules, and more are planned. Yet, officials from several local cities indicated there are still unanswered questions and widespread confusion about what the rules mean. The city of Snohomish's public operations yard is located in a floodplain, and it's not clear if moving raw materials to and from that yard might violate the rules, said Snohomish City Manager Larry Bauman. He's also not certain whether the trail by the Snohomish River that's sometimes damaged during floods could be repaired. "We are deeply concerned about these regulations and what they mean and how they might affect city operations," he said. In Sultan, public and private property -- including a number of homes and one planned subdivision -- could potentially be affected. That may mean the city has to change its plans for future growth, something all cities are required to do by the state. County officials said they aren't quite as concerned, since most of the land affected in unincorporated areas is agricultural. But that's not entirely true. The Election Day floods of November 2006 caused nearly $9 million in damage to homes and personal property countywide. A Herald investigation a few weeks later showed that between 1995 and 2003, more than 1,100 permits were issued for building and grading projects in the county's flood-prone areas, including more than 300 single-family homes and nearly 100 double-wide mobile homes. One week after the Election Day flood, county officials issued permits for a new home in one of the county's hardest-hit neighborhoods. Communities have a few options for complying, including convincing the federal agencies that rules already on the books are sufficient. That's the route Everett is taking. It's not clear yet how that will pan out. One thing is certain: The old way of doing things wasn't working, Sibley said. The new rules should do more to save what fish habitat remains. Reporter Noah Haglund contributed to this report. Debra Smith: 425-339-3197 or dsmith@heraldnet.com © 2011 The Daily Herald Co., Everett, WA Page 2 of 2HeraldNet: Print Article 4/6/2011http://www.heraldnet.com/apps/pbcs.dll/article?AID=/20110403/NEWS01/704039942/1060... Packet Page 19 of 129 AM-3841 Item #: 1. B. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign the contract with the Edmonds-South Snohomish County Historical Society for the 2011 Edmonds Market. Recommendation from Mayor and Staff Place on the April 19 Council Consent Agenda authorizing the Mayor to sign the contract. Previous Council Action N/A Narrative The annual Market contract is before you for review and authorization to place on the April 19 Council Consent Agenda. There are no significant changes to the contract. Attachments 2011 Market Contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 08:55 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Renee McRae Started On: 04/04/2011 10:21 AM Final Approval Date: 04/07/2011 Packet Page 20 of 129 {WSS780893.DOC;1\00006.900000\ } 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY May 7-October 1, 2011 The following is an agreement between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the “Historical Society”). WHEREAS, the Edmonds South County Historical Society has operated in the past a spring and summer market providing a marketplace for Edmonds residents to display their wares which uniquely promotes artists and other small business persons and their products; WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the event promotes tourism to the community and could provide an initial springboard for the development of a small business; WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this agreement; NOW, THEREFORE, 1. Responsibilities of City. 1.1 Garden Market (May 7 through June 25): City shall provide up to 40 parking spaces located on the south and west sides of the police parking lot for farmer/producer based vendors. 1.2 Summer Market (July 2 through October 1): City shall provide use of the right of way, Bell Street between 5th and 6th Avenues and 5th Avenue between Bell and Main Streets, by the Historical Society for the “Summer Market” event, each Saturday (Exception: No Summer Market during Taste of Edmonds, Saturday August 13.) 1.3 All use and configuration of tents and other temporary facilities used in this event shall be inspected and reviewed prior to the event by Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open Air Market Ordinance. Tarps, tents, canopies and covers shall be tested and labeled for fire resistance. Also, provisions of State and local law shall be adhered to insure that no lasting or permanent damage shall be done to any public facility or property. The Fire Marshal and City in accordance with its lawful authority under statute and ordinance may use its discretion to cancel such event or to prohibit the attendance of the general public in certain areas which is a violation of state law or local ordinance. 1.4 City shall install Summer Market banners as provided by Historical Society at approved sites. Historical Society shall obtain a Street Banner Permit and pay the required fee. 1.5 City shall install appropriate “No Parking Saturdays” signage on both 5th Avenue South and Bell Streets in late June and provide portable street barriers. Packet Page 21 of 129 {WSS780893.DOC;1\00006.900000\ } 2 2. Historical Society promises in consideration of the use of the facilities and services above described: 2.1 Set up hours begin at 6:00 a.m. on Saturdays on 5 th Avenue and 7:00 a.m. on Saturdays on Bell Street. During the Garden Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking shall not be allowed in this area. Violators may be towed at their own expense. For Summer Market - parking restrictions shall be posted indicating violators will be towed. Police Department will attempt to notify owners. If not located by 6:30 a.m. police will proceed to have violating vehicles towed. During the Garden and Summer Market, the designated parking spaces in the City Hall parking lot reserved for the Mayor and Directors will be restricted. Parking restrictions will be posted in these areas and vendor and customer parking shall not be allowed in these areas. Violators may be towed at their own expense. For Summer Market street barricades are in place at 6:00 a.m. on Saturday and removed by 5:00 p.m. Historical Society shall obtain necessary Street Use Permits for Summer Market. 2.2 The Historical Society shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Histo rical Society’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to provide that the Historical Society’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Historical Society’s insurance and shall not contribute to it. The Historical Society shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.3 The Historical Society agrees that the Market is a public event. The Historical Society further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society shall permit citizens attending events open to the general public at City-Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. Packet Page 22 of 129 {WSS780893.DOC;1\00006.900000\ } 3 2.4 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 The Historical Society shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Neither Historical Society nor any officer, agent, or employee shall discriminate in the provision of service under this contract against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.7 In addition, the parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the “smoking ban”), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this agreement. 2.8 Historical Society agrees to the following days and general operating hours: Garden Market: Saturdays, May 7 through June 25, 2011 Summer Market: Saturdays, July 2 through October 1, 2011 (No Market August 13, due to Taste of Edmonds). Historical Society agrees to the following hours of operation: Garden Market open: 9:00 a.m.-2:00 p.m. Set up: 7:00 a.m.-9:00 a.m. Takedown: 2:00 p.m.-3:30 p.m. Summer Market open: 9:00 a.m.-3:00 p.m. Set up: 6:00 a.m.-9:00 a.m. (6:00 a.m. start on 5th Avenue; 7:00 a.m. start on Bell Street) Takedown: 3:00 p.m.-4:30 p.m. Packet Page 23 of 129 {WSS780893.DOC;1\00006.900000\ } 4 2.9 City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Historical Society or the participants in this event. 2.10 Historical Society shall provide fire watch for all times in and around the booths and displays open to the general public as part of this event. 2.11 Historical Society shall provide sufficient portable sani-cans. Sani-cans will be discretely placed at a location(s) to be agreed upon by the City and the Historical Society. The City agrees to allow the use of one space in the parking lot south of City Hall to be used for the placement of two sani-cans for the length of the “Summer Market” (July 2 to October 1, 2011). Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to twelve (12) thirty-three gallon bags of garbage generated in their area in dumpster west of City Hall. 2.12 Upon the completion of the event, Historical Society shall make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this agreement. 2.13 Historical Society shall pay City all permit fees, in accordance with provisions of open air market, Ordinance #3015, for the above-mentioned facilities use and services at least ten (10) days prior to the event. 2.14 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Miscellaneous. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Historical Society shall be deemed to be the same of the City for any purpose. Historical Society alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. Packet Page 24 of 129 {WSS780893.DOC;1\00006.900000\ } 5 DATED this ______ day of ________________ 2011. CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Mayor Mike Cooper By: Its: Date: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk OFFICE OF THE CITY ATTORNEY: Sharon E. Cates Packet Page 25 of 129 AM-3852 Item #: 1. C. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign the contract with the Edmonds Arts Festival Association for the 2011 Edmonds Arts Festival. Recommendation from Mayor and Staff Place on the April 19 Council Consent Agenda authorizing Mayor to sign the contract. Previous Council Action N/A Narrative The annual Edmonds Arts Festival contract is before you for review and authorization to place on the April 19 Council Consent Agenda. There are no significant changes to the contract. Attachments 2011 EAF contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 09:24 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Renee McRae Started On: 04/07/2011 08:47 AM Final Approval Date: 04/07/2011 Packet Page 26 of 129 {WSS780880.DOC;1\00006.900000\ } 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED June 9 - June 22, 2011 The following is an Agreement between the CITY of EDMONDS (hereinafter referred to as the "CITY"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "FESTIVAL ASSOCIATION"). WHEREAS, the Edmonds Arts Festival Association, Inc. has for many years sponsored a public event known as the Edmonds Arts Festival which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds’ artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival by the City are more than adequately recompensed by the compensation provided by the Edmonds Arts Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, 1. Responsibilities of the City. (Certain Festival Association obligations included). 1.1 From 10:00 p.m., June 9 to 5:00 p.m., June 21, 2011, City shall provide Rooms: 206, 207, 208, 209, 112, 113, 114, 115, and 123 of the Frances Anderson Center. The Frances Anderson Center gym shall be provided from 1:00 p.m., June 9 to 12:00 midnight, June 20, 2011. Gym shall be available for use by 8:00 a.m., Tuesday, June 21, 2011. Under no circumstances shall Festival Association have access to the Sculptor's Workshop, Rooms 210 and 211. 1.2 City shall provide the Library Plaza Room from 8:00 a.m., Thursday, June 9 until 12:00 midnight, Monday, June 20, 2011 at which time the Festival Association agrees to have the carpet professionally cleaned so that it is dry and ready for set up at 6:00 a.m., Tuesday, June 21, 2011. 1.3 All of the rooms identified herein shall be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that shall be located therein. The Festival Association requests that the City limit people traffic not related to the Festival Association activities to a minimum. Two sets of the required keys plus three additional room keys will be checked out to the Festival Association President, or designee, who shall be responsible for security of all Festival Association displays and supplies. The Festival Association may cover the vending machines from 12:00 noon, June 15 through June 19, 2011. Packet Page 27 of 129 {WSS780880.DOC;1\00006.900000\ } 2 1.4 During the evening of June 15, 2011, the Festival Association shall have exclusive control of the hallways serving the rooms it is allowed to use for that evening starting at 5:00 p.m. During this time, the Festival Association shall hold the Annual Preview Party from 5:30 p.m. to 12:00 midnight. The Fire Department will do an inspection of the tented area prior to the start of the party for life safety issues. Alcoholic drinks may be served at the Preview Party, so long as Festival obtains all required state licenses and approvals to serve alcohol. The lighted display shall be reserved for the use of the Festival Association. City shall provide ample trashcans for the evening of June 15, 2011. Clean up is the responsibility of the Festival Association. 1.5 City shall provide the Frances Anderson ball field, playfield, courtyard and amphitheater, and the Edmonds Plaza from Noon, June 15 through 5:00 p.m., June 20, 2011. The playfield shall be provided for Artwork Booths. The Festival Association shall have the exclusive use of the playfield and the baseball diamond from 8 a.m., June 15 through 12:00 midnight, June 20, 2011. It is recognized that the City may choose to sprinkle the field prior to the Festival to reduce dust as watering the field is the only means the City has to control dust. The sprinkling system shall be turned off by 8:00 a.m., June 15, 2011. Festival Association agrees to reduce the size of the infield cover to cover the infield only. In addition to the Playfield, the Festival Association shall be provided the paved area west of the outdoor stage for the food concession area. The Library Plaza to the west of the Anderson Center shall be used for special functions suitable to the area. Festival Association shall utilize and shall be provided up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area, and shall provide the City with a schematic drawing of where the garbage cans and picnic tables are to be placed by June 1. The Festival Association shall provide two volunteers for eight hours each to assist with the moving and placement of picnic tables and garbage cans and shall provide a truck and volunteers to move and set up the information booths. Festival Association shall be responsible for providing a dumpster for trash and grease traps for waste water disposal. Festival Association shall provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City shall order. The Festival Association will pay the invoice for all supplies in a timely fashion. City shall check the stage to insure that it is in safe and usable condition. 1.6 Eighth Avenue shall be closed between Main Street and Dayton Street for an additional food concession area and eating tables from 8:00 a.m., June 15, through 12:00 noon, June 20, 2011. City shall provide and install safety barriers at both ends of the closed street. The Festival Association shall obtain a street closure permit as a part of its obligations under paragraph 2.9. 1.7 Except as provided below, Festival Association shall have exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 15 through June 20, 2011, provided however that the Festival Association shall allow handicap permit parking in marked stalls. Festival Association shall provide up to eight parking permits and marked stalls for Library staff/patrons. City shall provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street, and up to two spaces on 8th Avenue. Packet Page 28 of 129 {WSS780880.DOC;1\00006.900000\ } 3 1.8 The Festival Association shall have exclusive use of the Civic Center dirt soccer/football field (excluding all turf areas) from 2 p.m., June 15 until 8 a.m., Monday, June 20, 2011. The field will be used exclusively for all-day parking of exhibitors and staff. Entrance adjacent to Boys & Girls Club prohibited except in an emergency. 1.9 City shall install Festival street banners at all approved sites. One additional banner on the east wall of the Frances Anderson Center will be installed by City. 1.10 City shall provide fifteen (15) amps of electrical service to each duplex outlet: the Festival Association must supply any additional power. A Festival Association representative and a City representative from Public Works will meet prior to June 9, 2011, to draw up an interior and exterior electrical plan. Festival Association is responsible for notifying PUD of hookups and schedule inspection of temporary panels. Festival Association must have temporary panels and power poles removed by 12:00 Noon, Wednesday, June 22, 2011. The Festival Association shall not draw power from the Frances Anderson Center. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and shall not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association shall permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. Packet Page 29 of 129 {WSS780880.DOC;1\00006.900000\ } 4 2.5 The Festival Association shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 The Festival Association shall provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Festival’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Festivals insurance coverage shall be primary insurance. Any insurance, or insurance pool coverage maintained by the City shall be in excess of the Festival’s insurance and shall not contribute to it. The Festival shall provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.7 Displays and artworks shall not be hung from conduits or sprinkler pipes. Exits and exit signage shall not be obstructed except with specific approval of the Fire Marshal or his designee. Nothing shall be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association shall be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes shall be used on grassy areas of the Plaza. A Festival Association representative shall meet with a member of the City's Parks and Recreation Department prior to June 9, 2011 and on June 22, 2011 to inspect the facility to document the “original” and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.8 Festival Association shall be responsible for picking up all trash and removing all items and equipment related to the Festival by 5:00 p.m., June 21, 2011. This includes the grounds as well as the buildings. City shall provide the Festival Association with one mop, pail, and broom to use for cleanup, supplies for the toilet facilities, and keys to dispensers. The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from 5:00 pm, June 15 to 5:00 pm, June 20, 2011. Packet Page 30 of 129 {WSS780880.DOC;1\00006.900000\ } 5 2.9 Festival Association shall provide manpower to assist relocating City equipment and furniture to the storage rooms. Also, City clients shall have access to the weight room (200A) for drop-in use up until 2:00 p.m., Wednesday, June 15, 2011, and starting again at 8:00 a.m., Monday, June 20, 2011. The clients shall use the alternate Main Street entrance (no access through the gym). City shall secure the hallway between the gymnasium and the weight room by 12:00 noon, Friday, June 10. The hallway must be opened by 3:00 p.m., June 15 and must remain open, clear and unobstructed for egress during the Festival. 2.10 Festival Association shall be responsible for all required city and state permits. The Festival Association shall fill out Street Banner Permit with fees provided for by this agreement. All permits will be arranged through a City's designated representative. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.11 The Festival Association shall post "NO DOGS" signs on the Festival grounds and the Civic Center Field as per City Ordinance. The Festival Association shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.12 The Festival Association shall be responsible for cleaning rugs, floors, stairs, and otherwise restoring the buildings to their original condition, including professional cleaning of the Plaza Room carpet, rooms 201, 209, 112 (if used), 114 and main floor hallway, elevator lobby and ramp. The Festival Association shall pay for special cleaning of all paved food concession areas, restore all areas to their original condition, and wash east-facing windows on the first and second floor of the Frances Anderson Center by 4:00 p.m., Wednesday, June 22. (Care must be taken particularly with the Daycare windows below ground level which have exhaust fans that are not able to be sealed). The Festival Association shall hot water power wash the Plaza and all pedestrian walkways around the amphitheater and Frances Anderson Center as well as the Library Plaza area and steps to the Library parking lot. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. Disposal of waste water shall be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 The Festival Association shall provide a fire watch for all times the buildings and displays are open to the general public. The Edmonds Fire Marshall or representative shall inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 10, 2011 and any potential problems will be noted and reported prior to Fire Marshall's briefing. At 9:00 a.m., June 15, 2011 Fire Marshall shall brief designated representatives of the Festival Association of the location and use of fire apparatus in the Anderson Center and Library Plaza Rooms. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association shall insure that: Packet Page 31 of 129 {WSS780880.DOC;1\00006.900000\ } 6 2.14.1 Kilns, barbecues, forges and other sources of heat shall be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area shall be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to Festival opening. Tarps, tents, canopies and covers shall be listed and labeled for flame resistance. 2.14.2 Vehicles shall only be allowed on turfed areas to load and unload, with adjacent streets and Civic Center Soccer Playfield (dirt field) used for parking during the Festival. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association shall notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.14.3 The Festival Association will provide gate control and parking supervision to ensure orderly and efficient parking, and restrict parking to the sand/dirt surface within the track area. Use of the jogging track, tennis courts, softball field, and Boy’ & Girls’ Club activities should not be impacted. The Festival Association may be charged time and/or materials to return the area to its original condition. 2.15 The Festival Association shall submit a cleaning/damage deposit of $1,000.00 to the City prior to May 5, 2011. The deposit shall be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.16 The Festival Association shall pay the City a fee of $4,604.00 ($3,650 for Anderson Center, under stage storage, Plaza Room and environs and $954 for Civic Field) for the use and services of the above mentioned facilities in this Contract, pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. All fees are due by May 5, 2011. 2.17 Notices. All requests for additional services and concerns of the Festival Association shall be directed by the Festival Association President to the City's designated representative, Renée McRae (425.771.0232). 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. Packet Page 32 of 129 {WSS780880.DOC;1\00006.900000\ } 7 3.2 Force majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Miscellaneous. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Festival Association shall be deemed to be the same of the City for any purpose. Festival Association alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this _______ day of __________________, 2011. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION By: Mayor Mike Cooper Its: Date: ATTEST/AUTHENTICATED Sandra S. Chase, City Clerk OFFICE OF THE CITY ATTORNEY: Sharon E. Cates Packet Page 33 of 129 AM-3855 Item #: 1. D. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 4th of July parade and fireworks display. Recommendation from Mayor and Staff Place on the April 19 Council Consent Agenda authorizing Mayor to sign the contract. Previous Council Action N/A Narrative The annual 4th of July contract for the parade and fireworks display is before you for review and authorization to place on the April 19 Council consent agenda. There are no significant changes to the contract. Attachments 2011 4th of July contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 09:53 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Renee McRae Started On: 04/07/2011 09:22 AM Final Approval Date: 04/07/2011 Packet Page 34 of 129 1 CONTRACT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Monday, July 4, 2011 The following is an agreement between the CITY OF EDMONDS (hereinafter referred to as “City”) and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as “Chamber”). WHEREAS, the Chamber proposes to conduct a public celebration honoring Independence Day - 4th of July through a parade and fireworks display; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this agreement in order to enhance the safety of the public celebrations for its citizens and to offer a reasonable alternative to the use of private fireworks which the Council finds in many situations to be unsafe; NOW, THEREFORE 1. Responsibilities of the City City shall provide: 1.1 Use of City streets as diagrammed in Exhibit A - Parade Route, for parade to occur on July 4, 2011. City will provide traffic barriers and will set up and take down sound system to be located at the Edmonds Theater. City shall put up banners at approved sites. 1.2 Use of Civic Center Playfield for setup to start at 9:00 a.m. and Fireworks to occur at approximately 10 p.m., July 4, 2011. 1.3 Use of 6th Avenue South between Bell Street and Sprague Street from 6:00 p.m. until 11:00 p.m. 1.4 Barricades at 6th Avenue South and Bell and 6th Avenue South and Sprague. 1.5 A power hookup at the west end of the grandstand and power for the band. 1.6 Two signs at each entrance to the Park indicating no fireworks or alcohol allowed. 1.7 City is responsible for stringing flags, caution tape or line that clearly delineates spectator areas from fireworks staging areas. 2. Responsibilities of the Chamber In consideration of the above, Chamber agrees: Packet Page 35 of 129 2 2.1 To assume all responsibility for coordination of the 4th of July Parade including: Hire off-duty police officers to police the route. Assure that all participants are informed of and abide by the parade rules to insure that no participants draw people viewing the parade onto the parade route. 2.2 To obtain the necessary Street Banner Application (from Public Works 425-771- 0235) and Parade Permit (Police Department 425-771-0200). Fees for the preceding two permits will be waived for this event. A Street Use Permit is not needed. Chamber will ensure that pyrotechnic provider submits Application for Fireworks Display Permit accompanied by a $30.00 public display permit fee (Edmonds Fire Marshal 425-771-0215). A copy of their State pyrotechnic license shall be provided with their application. The Chamber shall obtain ASCAP and any other copyright licenses necessary. 2.3 To provide for security and sani-cans along the parade route and fireworks display. 2.4 To pick up, deliver, and return to storage in City Park gazebo and Parks Maintenance area all needed 3’ X 10’ and 10’ X 10’ staging sections. 2.5. To hook up electrical power made available by the City at the west end of the grandstand. 2.6 To provide 10 yards of sand for the pyrotechnic display and provisions for cleanup and removal after the event. 2.7 To assume all responsibility for fireworks display. A State-licensed pyrotechnics operator shall abide by local ordinance and make necessary permit applications for local approval. State guidelines and operational requirements shall be adhered to for safe operation of fireworks. 2.8 To authorize a maximum of three stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. To authorize not more than ten vendors on 6th Avenue South between Bell Street and Sprague for the evening fireworks. Vendors shall operate at specified locations and shall not block park entrances or fire hydrant. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2.9 To provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required Packet Page 36 of 129 3 insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.10 To remove all garbage to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.11 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference. 2.12 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.13 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.14 In addition, the parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this agreement. 2.15 The Chamber shall be responsible to restore all public spaces to their original condition, including removing and disposing of any and all litter and trash. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to Packet Page 37 of 129 4 interpret or enforce this agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Miscellaneous. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2011. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mayor Mike Cooper Jan Vance, Executive Director ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk OFFICE OF THE CITY ATTORNEY: Sharon E. Cates Packet Page 38 of 129 5 Packet Page 39 of 129 6 4th of July Parade Participant’s Map Booths will be on the west side of 6th. They will not block entrances or fire hydrants. Civic Center Playfield Sp r a g u e B e l l 6th Avenue Greater Edmonds Chamber of Commerce 4th of July Fireworks and Evening Festivities Vendor Area on 6th Ave. N Packet Page 40 of 129 AM-3857 Item #: 1. E. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 2011 Taste of Edmonds. Recommendation from Mayor and Staff Place on the April 19 Council Consent Agenda authorizing Mayor to sign the contract. Previous Council Action N/A Narrative The annual Taste of Edmonds contract is before you for review and authorization to place on the April 19 Council consent agenda. The Chamber Executive Director, Craig Cooke, and Edmonds Council Member Michael Plunkett met with a representative of the Belmont Condominium Owners Association, on January 31, 2011 to discuss their concerns with the Taste layout. As a result of that meeting the following changes have been made: the generator formerly located at 6th and Bell is being moved one block west to the north side of Bell and the sani-cans are moved from the east side of 6th to the west side of 6th. Attachments 2011 Taste contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 01:46 PM Mayor Mike Cooper 04/07/2011 02:58 PM Final Approval Sandy Chase 04/07/2011 03:22 PM Form Started By: Renee McRae Started On: 04/07/2011 11:43 AM Final Approval Date: 04/07/2011 Packet Page 41 of 129 {WSS780888.DOC;1\00006.900000\ } 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 10-16, 2011 The following is an agreement between CITY OF EDMONDS (hereinafter referred to as the “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the “Chamber”). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as “A Taste of Edmonds” and proposes to do so again in 2011; and WHEREAS; the City Council finds that A Taste of Edmonds provides distinct benefits to the City by showcasing Edmonds’ restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, 1. Responsibilities and Rights of City 1.1 City shall provide use of surfaces of Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Bell Street north to Daley Street, and south approximately 80’ to first drive on west side for use by Chamber for the “Taste of Edmonds” event, so as to allow for the following: (a) The event setup shall begin on Wednesday, August 10, 2011, at 8:00 a.m. on Civic Center Field. (b) All surfaces listed shall remain available to the “Taste of Edmonds” until final cleanup by Tuesday, August 16, 2011, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials with barricades to be in place at close of business (5pm) Wednesday, August 10, 2011. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 12, 2011, as the parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole Packet Page 42 of 129 {WSS780888.DOC;1\00006.900000\ } 2 discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barricades and barricade placement and removal for the event. 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Taste of Edmonds. City shall also provide removal of the padlocks. 1.6 City shall provide water access behind the opening between booths 187 and 188 for use by the food vendors. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall remove fencing on east side of Boys & Girls Club basketball courts. 1.9 City shall provide basketball hoop removal and re-installation on basketball courts located near the Boys & Girls Club building. 1.10 City shall install Taste of Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.11 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.12 City shall provide and oversee police supervision of the event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the Chamber Executive Director. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insur er’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Taste of Edmonds is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events Packet Page 43 of 129 {WSS780888.DOC;1\00006.900000\ } 3 open to the general public at City-Provided Site during the Taste of Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.6 Neither Chamber nor any officer, agent, or employee shall discriminate in the provision of service under this contract against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.7 In addition, the parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this agreement. 2.8 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit “A”). 2.9 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the event if parking is not limited to the agreed upon area. 2.10 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. Packet Page 44 of 129 {WSS780888.DOC;1\00006.900000\ } 4 2.11 Chamber agrees to the following general open hours of the Taste: Friday, August 12, 2011: 11:00 a.m.-10:00 p.m. Saturday, August 13, 2011: 11:00 a.m.-10:00 p.m. Sunday, August 14, 2011: 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: Friday, August 12, 2011: 11 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 13, 2011: 11:00 a.m.-10 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 14, 2011: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.12 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this event. 2.13 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this event. 2.14 Chamber shall provide a sufficient number of portable sani-cans and wash stations (approximately 35 sani-cans, 2 of which must be handicapped accessible, and a minimum of 5 wash stations). 2.15 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. 2.16 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.17 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City’s storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City’s storage location. 2.18 Garbage service shall be contracted and paid for by Chamber. 2.19 Upon the completion of the event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the event. Storm drains are to be covered with filter fabric to capture grease and debris. 2.20 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the event perimeter. Packet Page 45 of 129 {WSS780888.DOC;1\00006.900000\ } 5 2.21 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of this event shall be picked up and removed by 12:00 noon, Tuesday, August 16, 2011. 2.22 A final inspection of the event area shall be conducted by City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.23 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Wednesday, July 13, 2011. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for loss or cleaning costs. 2.24 Chamber shall pay City all permit fees for the above-mentioned facility use ($792.00 facility rental) prior to Wednesday, July 13, 2011, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.25 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Miscellaneous. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. Packet Page 46 of 129 {WSS780888.DOC;1\00006.900000\ } 6 DATED this ______ day of ________________, 2011. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mayor Mike Cooper Jan Vance, Executive Director ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk OFFICE OF THE CITY ATTORNEY: Sharon E. Cates Packet Page 47 of 129 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B E L L S T . 6TH AVE. 7TH AVE. A L L E Y X X X X X X X X X X X X X X A L L E Y G R A N D S T A N D X X X X X X X X X X X X X X X X X X X X X X X X 6 T H A N D B E L L G A T E C E N T E N N I A L G A T E B O Y S A N D G I R L S C L U B S H E D X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X P L A Y G R O U N D K I D S S T A G E T I G E R M A Z E S L I D E M A I N S T A G E X X X X X X X X X X BEER TRUCK S E R V I N G v e n d e r s STAGE 40x20 2 Sani-Can 1 Sink 1 3 S a n i - C a n s 2 S I N K 7 T H A V E G A T E M M Parking Parking S P R A G U E F I R E V I P T E N T S 1 6 S a n i - C a n s 3 S I N K S BUS ZONE BUS ZONE BUS ZONE BUS ZONE BUS ZONE BUS ZONE BUS ZONE A R T S & R V G a r b a g e F r e e z e r R e f e r H o l l y w o o d L i g h t s G e n e r a t o r # 1 X X X X X X X X X X X X X X X X X X X X R E D G A T E Y E L L O W G A T E G R E E N G A T E T A B L E S X X X X X X X X X X X X X X X X X X X X B E E R G A R D E N C R A F T S B E L L S T . 6TH AVE. K I D S B A N D T E N T A R E A X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X S T A T I O N P O L I C E D E P A R T M E N T X X X X X X X X X X X F I R E H Y D R A N T S T R E E T D R A I N S i d e w a l k X X X X X X X X 2 S a n i C a n s 9 8 1 7 9 1 8 3 1 8 4 1 8 5 1 8 6 1 8 7 2 0 6 2 0 7 2 0 8 2 0 9 2 1 0 2 1 1 2 1 2 2 1 3 2 1 4 2 1 5 2 1 6 2 1 7 2 1 8 2 1 9 2 2 0 2 2 1 2 2 2 2 2 3 2 2 4 2 2 5 2 2 6 2 2 7 2 2 8 2 2 9 2 3 0 2 3 1 2 3 2 2 3 3 2 3 4 2 5 5 2 5 6 2 5 0 2 5 1 2 5 2 2 5 3 2 5 4 1 5 1 2 7 8 2 7 9 2 8 0 2 8 1 2 8 2 2 8 3 2 8 4 2 8 5 2 8 6 2 8 7 2 8 8 3 3 7 3 3 6 3 3 5 3 3 4 3 3 3 3 3 2 3 3 1 3 3 0 3 4 7 3 4 6 3 4 5 3 4 4 3 4 3 3 4 2 3 4 1 3 4 0 3 3 8 3 4 8 2 9 8 2 9 7 2 9 6 2 9 5 2 9 4 2 9 3 2 9 2 2 9 1 3 0 8 3 0 7 3 0 6 3 0 5 3 0 4 3 0 3 3 0 2 3 0 1 1 5 4 1 5 5 2 0 4 2 0 2 2 0 1 2 0 0 1 9 9 1 9 8 1 9 2 1 9 3 1 9 5 1 9 6 2 4 9 2 3 5 2 3 6 2 3 7 2 3 8 2 3 9 2 4 0 2 4 6 2 4 5 2 4 4 2 4 3 2 4 2 2 4 1 2 4 7 2 4 8 1 4 8 1 5 6 1 5 7 A T M 1 5 3 1 4 9 1 5 0 3 1 8 3 1 7 3 1 6 3 1 5 3 1 4 3 1 3 3 1 2 3 1 1 3 2 8 3 2 7 3 2 6 3 2 5 3 2 4 3 2 3 3 2 2 3 2 1 2 9 0 3 0 0 3 1 0 3 2 0 2 5 7 2 5 8 K M P S P O N I E S 2 6 1 2 6 0 2 5 9 I N F L A T A B L E S C O M M E R C I A L / I M P O R T A R E A V E N D O R P A R K I N G X X X X X X X X X X X X X X X X X X X X 9 S a n i - C a n s 2 6 2 2 6 3 2 6 4 2 6 5 2 6 6 2 6 7 2 6 8 2 6 9 2 7 0 2 7 1 2 7 2 2 7 7 2 7 6 2 7 5 2 7 4 2 7 3 X X X X X X X X X X X D I S P L A Y A R E A 5 0 ' x 8 0 ' X X X X X X X X X X X X X X E N T E R A N C E 3 5 8 3 5 7 3 5 6 3 5 5 3 5 4 3 5 3 3 5 2 3 5 1 3 5 0 2 8 9 2 9 9 3 0 9 3 1 9 3 2 9 3 3 9 3 4 9 X X X X X X X X X X X X 2 0 3 1 9 1 1 9 0 1 8 9 1 8 8 1 6 6 1 6 5 1 6 4 1 6 3 1 6 2 1 6 1 1 6 0 1 5 9 1 5 8 1 7 2 1 7 1 1 7 0 1 6 9 1 6 8 1 6 7 W I N E T E N T 2 0 x 1 0 X X X V E N D O R R V P A R K I N G X X X X X X X S K A T E P A R K 1 2 5 x 5 0 3 6 8 3 6 7 3 6 6 3 6 5 3 6 4 3 6 3 3 6 2 3 6 1 3 6 0 3 5 9 6 5 4 3 2 1 T i c k e t T i c k e t 9 7 9 5 9 4 9 3 9 2 9 1 9 0 8 9 8 8 8 7 8 6 8 5 8 4 8 3 8 2 8 1 8 0 7 9 7 8 7 7 7 6 7 5 7 4 7 3 7 2 7 1 7 0 6 9 6 8 6 7 6 6 6 5 6 4 6 3 6 2 6 1 6 0 X X X X X B E E R S T A G E P A R K I N G D I S P L A Y A R E A 1 5 2 T i c k e t B A N D T E N T T R A I L E R B A N D T E N T SERVICE R0AD R V P A R K I N G 1 0 3 1 0 2 1 0 1 9 9 1 4 7 1 4 6 1 4 5 1 4 4 1 4 3 1 4 2 1 4 1 F I R E H Y D R A N T 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5 1 0 0 5 6 5 7 5 8 5 9 9 6 1 0 4 1 0 5 1 0 6 1 0 7 1 0 8 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 1 1 5 1 1 6 1 1 7 1 1 8 1 1 9 1 2 0 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 1 2 9 1 3 0 1 3 1 1 3 2 1 3 3 1 3 4 1 3 5 1 3 6 1 3 7 1 3 8 1 3 9 1 4 0 D I A P E R T E N T 1 1 S a n i - C a n s D I N I N G T E N T # 1 4 0 x 2 0 D I N I N G T E N T # 2 3 0 x 2 0 X X X X X S E C U R I T Y T E N T 1 0 x 1 0 G A R D E N X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X T U A L I P C A S I N O 1 0 x 2 0 X 2 S I N K 2 S I N K 1 S I N K 1 S a n i - C a n s 2 S I N K 2 S a n i - C a n s 1 S I N K T E N T G e n e r a t o r # 3 X X X X X X X X X X X X X X X B i k e R a c k F e n c e F e n c e w a s h t r a i l e r 2 S a n i - C a n s 1 S I N K 1 S I N K 1 S a n i - C a n s 2 S I N K 2 0 5 1 9 7 2 ' s p a c e 6 ' s p a c e 6 ' s p a c e 6 ' s p a c e 1 8 2 1 9 4 1 8 0 1 S a n i - C a n 1 S i n k 3 0 x 1 6 G e n e r a t o r # 2 2 S I N K 1 8 1 S R O B E E R T R A I L E R 8 x 1 4 P R E M I U M B E E R 1 0 x 1 0 G A T E G A T E S E R V I C E G A T E 1 S a n i - C a n s 1 S I N K A T A S T E O F E D M O N D S 2011 A TASTE OF EDMONDS Packet Page 48 of 129 AM-3856 Item #: 1. F. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign the contract with the Greater Edmonds Chamber of Commerce for the 2011 Classic Car Show. Recommendation from Mayor and Staff Place on the April 19 Council Consent Agenda authorizing Mayor to sign the contract. Previous Council Action N/A Narrative The annual Classic Car Show contract is before you for review and authorization to place on the April 19 Council Consent Agenda. There are no significant changes to the contract. Attachments 2011 Car Show contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 10:23 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Renee McRae Started On: 04/07/2011 09:48 AM Final Approval Date: 04/07/2011 Packet Page 49 of 129 1 CONTRACT BETWEEN THE CITY OF EDMONDS AND THE GREATER EDMONDS CHAMBER OF COMMERCE September 11, 2011 The following is an agreement (“Agreement”) between CITY OF EDMONDS ("City"), and the GREATER EDMONDS CHAMBER OF COMMERCE ("Chamber"). WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of Commerce Classic Car Show (“Classic Car Show” or “Event”); and WHEREAS; the City Council finds that “Classic Car Show” provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, 1. City and Chamber agree that: 1.1 City shall provide use of the following surfaces by Chamber for the Classic Car Show: “Center Round” around the fountain in downtown Edmonds at 5th Avenue and Main Street, Main Street from the East side of its intersection with 3rd Avenue to the West side of its intersection with 6th Avenue, 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4th Avenue, 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its intersection of the northern leg of Bell Street, Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue, City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue N and the parking lot under City Hall. (The above areas shall be hereinafter referred to as the “City-Provided Site.”) 1.2 One or several days before the Event, City shall place signs so as to clear the City- Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day. Packet Page 50 of 129 2 1.3 City shall provide barriers near the following 13 locations for street closures required to contain the City-Provided Site described in Paragraph 1.1: Pine and 5th, to close 5th Avenue north to Walnut, Maple and 5th, to close Maple Street east of 5th Avenue Dayton and 6th, to allow local access only on Dayton between 6th Avenue & 5th Avenue Dayton and 5th, to close 5th Avenue north and south of Dayton Street Dayton and 5th, to close Dayton west of 5th Avenue Dayton and 4th, to close Dayton east of 4th Avenue Walnut and 5th, to close 5th Avenue north and south of Walnut Street Main and 5th, to close 5th Avenue to the most northern portion of Bell Main and 6th, to close Main Street west of 6th Avenue Main and 3rd, to close Main Street east of 3rd Avenue 4th and Bell, to close 4th Avenue south of Bell Street 4th and Dayton, to close 4th Avenue north and south of Dayton Street; and On 4th, to close 4th Avenue 100 ft. immediately south of Dayton 1.4 City shall arrange for access control of 5 th Avenue South at Walnut Street from 8:30 a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost of the overtime wage incurred by the City of the police officer to be stationed at the intersection. This intersection will not be closed to general traffic east and west, but access will be controlled and may be limited during this time period to allow for the safe staging of Event vehicles. There will be a committee member at the intersection with the police officer to designate which vehicles will be part of the Event. 1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on the same day. 1.6 City shall also provide street closure barriers for the purpose described in Paragraph 1.7 near the following intersections: Maple Street and 6th Avenue, to close Maple west of 6th; and Alder Street and 6th Avenue, to close Alder west of 6th. 1.7 Chamber shall position such barriers at 5:00 a.m. the day of the Event so as to provide adequate street closures and prevent traffic from 6th Avenue to turn onto Maple Street or Alder Street from 5:00 a.m. until 10:00 a.m. Chamber shall remove such barriers at 10:00 a.m. on the same day. 1.8 On the day of the event, Chamber shall place traffic cones on the center-dividing line of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. 1.9 Chamber shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any Packet Page 51 of 129 3 remaining or potential issues of traffic control and barricades prior to the event, but shall have no authority to waive the requirements of city ordinance or state law. 1.10 The Chamber shall be permitted to establish and operate five outdoor dining gardens within the City-Provided Site during the Event. These gardens shall not exceed 15 x 25 in dimension, and shall be fenced in a manner that clearly establishes and distinguishes their boundaries. Maximum capacity of the dining gardens shall be determined by the City of Edmonds Fire Department. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No alcohol shall be served or permitted in the dining gardens. Food and non-alcoholic drinks may be served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall be sponsored by local restaurants, and shall be located near each sponsoring restaurant. Dining gardens shall open no earlier than 4AM and shall close no later than 5PM during the Event. 1.11 All use and configuration of structures, booths and other temporary facilities used in the event shall be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. City Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 11, 2011, as the parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. 1.12 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2 Chamber Responsibilities In addition to the above and in consideration of the use of the facilities and services above described, Chamber agrees to the following: 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. Packet Page 52 of 129 4 2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 In addition, the parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this agreement. 2.6 Chamber shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.7 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.8 Chamber shall provide sufficient wash stations and approximately 12 sani-cans that may be placed on site the night preceding the Event. Garbage service, if necessary, shall be contracted and paid for by Chamber. 2.9 Upon completion of the Event, Chamber shall make adequate provisions for the cleanup of all sites provided under the terms of this agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be Packet Page 53 of 129 5 completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on tha t day. Cleanup areas include the City-Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.10 Chamber shall pay City all permit fees for the above-mentioned facility use and services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.11 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to the Chamber. 3.4 Miscellaneous. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. Packet Page 54 of 129 6 DATED this ______ day of ________________, 2011. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mayor Mike Cooper Jan Vance, Executive Director ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk OFFICE OF THE CITY ATTORNEY: Sharon E. Cates Packet Page 55 of 129 AM-3853 Item #: 1. G. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title 2011 Senior Center Agreement Recommendation from Mayor and Staff Send to full Council to authorize Mayor to sign agreement. Previous Council Action Narrative This agreement is the same as previous years. It is to support the Senior Center, granting them $60,000 in consideration for providing services to Edmonds residents. This amount was adopted in the budget for 2011. Attachments Sr. Center Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 03:22 PM Mayor Mike Cooper 04/07/2011 04:35 PM Final Approval Sandy Chase 04/07/2011 04:56 PM Form Started By: Carrie Hite Started On: 04/07/2011 08:48 AM Final Approval Date: 04/07/2011 Packet Page 56 of 129 {WSS759635.DOC;1\00006.900000\ } 1 RECREATIONAL SERVICES AGREEMENT 2011 BETWEEN THE CITY OF EDMONDS, WASHINGTON AND THE SOUTH COUNTY SENIOR CENTER The following is an agreement between the CITY OF EDMONDS, Washington (hereinafter referred to as the "City"), a municipal corporation, and the SOUTH COUNTY SENIOR CENTER, INC. (hereinafter referred to as the "Senior Center"), a non-profit organization organized under the laws of the State of Washington. W I T N E S S E T H 1. The City agrees to pay the Senior Center for the calendar year 2011 the sum of sixty thousand dollars ($60,000) in equal installments of five thousand dollars ($5,000) on or before the fifteenth of each month. 2. In consideration of said funds the Senior Center agrees to provide and augment the recreational activities of the City by providing recreational and social service programs to senior citizens of Edmonds. The parties agree that it is to the mutual benefit of both signators hereto to have the Senior Center plan and program said recreational and social service activities for senior citizens of Edmonds rather than the City establishing a separate recreational program of its own due to the economies and efficiencies that may be achieved by such mutual cooperation between the parties. All programs of the Center shall be available to eligible Edmonds citizens at the same cost, if any, or at a reduced rate below that to which such programs are available to the general senior population. 3. The funds received by the Senior Center under this Agreement shall be used exclusively for the purposes of providing recreational and social service programs or to help fund recreational classes and social service programs for senior citizens of Edmonds for the calendar year 2011. Any funds not so used shall be refunded to the City and the failure to utilize the funds for the purposes enumerated in this agreement shall be grounds for termination of this agreement without notice by the City. The Senior Center shall account for the expenditures of all such funds received by it from the City on an annual or more frequent basis and shall provide a statement in the form prescribed by the City through its Finance Director, or other authorized official, evidencing the nature and manner of expenditures of these funds and providing the City with substantiation that these funds have been used for the purposes enumerated. The Senior Center shall maintain its financial records in accordance with generally accepted accounting practice and shall make such records available for inspection during normal business hours by the City, the State Auditor or their designee(s). In the event the Senior Center expends any of these funds for purposes other than enumerated, and such expenditures are deemed to be a violation of the provisions of the Constitution or the laws of the State of Washington, the City may, at its alternative, Packet Page 57 of 129 {WSS759635.DOC;1\00006.900000\ } 2 discontinue all further payments hereunder and/or seek restitution of those sums which have been unconstitutionally expended by the Senior Center. 4. The Senior Center agrees to protect, indemnify and save the City, its officers, agents and employees harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly or in any way incident to, in connection with, or arising out of or under the terms of this Agreement, caused by the fault of the Senior Center, its agents, employees, representatives or subcontractors. The Senior Center specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Senior Center may have under that title with respect to the City. The Senior Center further agrees to fully indemnify the City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This section shall not apply to damages or claims resulting from the sole negligence of the City, in which event the laws of the State of Washington shall govern the parties’ respective liabilities. 5. The Senior Center shall secure and maintain in full force and effect during performance of all work pursuant to this agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $3,000,000 aggregate for personal injury; $250,000 per occurrence and aggregate for property damage. Such policy shall list the City as a named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this document. 6. The Senior Center shall be and is an independent contractor and nothing herein shall be interpreted to create an employment relationship between the City and the Senior Center or with any employee of either the City or the Senior Center with respect to employees of the other party. The Senior Center agrees to hold harmless and indemnify the City from any and all employee related costs arising from or out of a claim by any of its employees against the City of Edmonds for wages, costs or benefits relating to such employee's employment by the Senior Center. 7. The Senior Center agrees to maintain current records containing the residence addresses of the persons who utilize the services during the calendar year of the contract and provide a yearend report on total number of Edmonds residents accessing services and the true and actual numbers of service hours provided to all clientele. 8. Either party may terminate this Agreement without cause upon providing 30 days written notice to the other Party; PROVIDED, that the City may terminate this Agreement effective immediately for breach of paragraph 3 or 5. Termination shall not affect the Senior Center’s obligation to protect, indemnify, and hold harmless the City as provided hereunder. This agreement shall be automatically renewed for each successive year unless revoked in writing by one of the parties prior to November 30th of the current year; unless terminated as provided herein. Packet Page 58 of 129 {WSS759635.DOC;1\00006.900000\ } 3 DATED this _______ day of ____________, 2011. CITY OF EDMONDS: SOUTH COUNTY SENIOR CENTER, INC. By: Mayo r Mike Cooper Its: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Sharon Cates, Lighthouse Law Group Packet Page 59 of 129 AM-3844 Item #: 1. H. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted For:Robert English Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign utility easements for the Lift Station 2 Improvements Project. Recommendation from Mayor and Staff Forward item to the consent agenda for approval at the April 19, 2011 Council meeting. Previous Council Action None. Narrative Lift Station 2 is located on private property adjacent to Shell Creek between Cary Road and Melody Lane. The lift station has been in operation for over 40 years and has exceeded its expected useful life since replacement parts are difficult, if not impossible, to obtain. The City plans to build a new station and will relocate the facility away from the creek to improve maintenance access and reduce the risk of a sewer overflow to Shell Creek. The City will also construct a new waterline within the same area to provide a looped water system and improve water service. New permanent utility easements and temporary construction easements are required from the current property owner, Mr. Rex Thomas Strickland, to construct the project. The acquisition includes a sewer easement of 2,962 SF, a water line easement of 4,954 SF and temporary construction easement of 6,679 SF. The City hired Appraisal Group of the Northwest to complete an appraisal of the easements. The appraiser established a value of $42,500 for all of the easements needed to complete the project. Negotiations with the property owner began in December 2010 and the owner initially thought the offer was low and he hired his own appraiser. The property owner is now willing to accept $42,500 for the easements if the City agrees to pay $2,500 to cover the cost of his appraisal. Staff is recommending the approval of this settlement and a total payment of $45,000 to complete the acquisition of the utility easements. The recommendation is based on the anticipated costs for the City to pursue condemnation, if the settlement is not approved. The easement costs will be funded by the 412 Utility Fund. Attachments Attachment 1 - Sewer Easements Attachment 2 - Water Easements Attachment 3 - Temporary Construction Easements Form Review Inbox Reviewed By Date Engineering Robert English 04/07/2011 04:47 PM Public Works Sandy Chase 04/08/2011 10:33 AM City Clerk Sandy Chase 04/08/2011 10:34 AM Mayor Mike Cooper 04/08/2011 11:09 AM Final Approval Sandy Chase 04/08/2011 11:51 AM Form Started By: Megan Cruz Started On: 04/05/2011 03:28 PM Final Approval Date: 04/08/2011 Packet Page 60 of 129 P a c k e t P a g e 6 1 o f 1 2 9 P a c k e t P a g e 6 2 o f 1 2 9 P a c k e t P a g e 6 3 o f 1 2 9 P a c k e t P a g e 6 4 o f 1 2 9 P a c k e t P a g e 6 5 o f 1 2 9 P a c k e t P a g e 6 6 o f 1 2 9 P a c k e t P a g e 6 7 o f 1 2 9 P a c k e t P a g e 6 8 o f 1 2 9 P a c k e t P a g e 6 9 o f 1 2 9 P a c k e t P a g e 7 0 o f 1 2 9 P a c k e t P a g e 7 1 o f 1 2 9 P a c k e t P a g e 7 2 o f 1 2 9 P a c k e t P a g e 7 3 o f 1 2 9 P a c k e t P a g e 7 4 o f 1 2 9 P a c k e t P a g e 7 5 o f 1 2 9 P a c k e t P a g e 7 6 o f 1 2 9 P a c k e t P a g e 7 7 o f 1 2 9 P a c k e t P a g e 7 8 o f 1 2 9 P a c k e t P a g e 7 9 o f 1 2 9 P a c k e t P a g e 8 0 o f 1 2 9 P a c k e t P a g e 8 1 o f 1 2 9 P a c k e t P a g e 8 2 o f 1 2 9 P a c k e t P a g e 8 3 o f 1 2 9 P a c k e t P a g e 8 4 o f 1 2 9 P a c k e t P a g e 8 5 o f 1 2 9 P a c k e t P a g e 8 6 o f 1 2 9 P a c k e t P a g e 8 7 o f 1 2 9 P a c k e t P a g e 8 8 o f 1 2 9 P a c k e t P a g e 8 9 o f 1 2 9 P a c k e t P a g e 9 0 o f 1 2 9 AM-3858 Item #: 1. I. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee:Community/Development Services Type:Information Information Subject Title Quarterly Public Works Capital Project Report. Recommendation from Mayor and Staff None. Submitted for information. Previous Council Action Narrative Attached is a quarterly report for capital improvement projects managed by the Public Works Department. The report contains information on the estimated project budget, funding source, schedule and status. This information is being provided for review and discussion. Attachments Attachment 1 - Quarterly Report Form Review Inbox Reviewed By Date Engineering Robert English 04/07/2011 02:04 PM Public Works Phil Williams 04/07/2011 04:21 PM City Clerk Sandy Chase 04/07/2011 04:31 PM Mayor Mike Cooper 04/07/2011 04:35 PM Final Approval Sandy Chase 04/07/2011 04:56 PM Form Started By: Robert English Started On: 04/07/2011 01:20 PM Final Approval Date: 04/07/2011 Packet Page 91 of 129 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 1 Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Gr a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Pu b l i c W o r k s Y a r d W a t e r Q u a l i t y Up g r a d e ( V e h i c l e W a s h S t a t i o n & Co v e r f o r M a t e r i a l P i l e s ) Fa c i l i t i e s C o n s u l t a n t $ 5 5 , 0 0 0 $ 5 5 , 0 0 0 _ 4 1 2 M a r - 1 2 S e p - 1 2 D e s C o n s u l t a n t s e l e c t e d f o r d e s i g n . 76 t h A v e n u e W e s t / 7 5 t h P l a c e We s t W a l k w a y Pa r k s G r a y & Os b o r n e $3 , 0 2 4 , 0 6 5 $0 _ 1 2 5 A p r - 0 9 N o v - 1 0 C o n Co n s t r u c t i o n i s c o m p l e t e . P u n c h l i s t i t e m h a v e b e e n c o m p l e t e d . Wo r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t p r o j e c t . Da y t o n S t r e e t P l a z a Pa r k s B a r k e r $ 1 6 0 , 6 0 5 $1 3 5 , 5 0 0 _ 1 3 2 t b d t b d Z - O N HO L D De s i g n a t 1 0 0 % . In t e r u r b a n T r a i l Pa r k s K P F F $ 2 , 3 6 6 , 7 0 0 $1 , 3 2 7 , 0 0 0 $ 5 7 7 , 0 0 0 1 3 2 A p r - 1 1 F e b - 1 2 D e s D e s i g n a t 9 5 % ; C o n s u l t a n t c u r r e n t l y m a k i n g f i n a l r e v i s i o n s . A d v e r t i s e f o r c o n s t r u c t i o n : A p r i l ' 1 1 . BN S F C r o s s i n g s Se w e r K P F F $ 1 , 2 1 7 , 9 8 1 $8 8 , 0 0 0 _ 4 1 2 F e b - 1 0 A u g - 1 0 C l - o u t Co n s t r u c t i o n C o m p l e t e ; w o r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t pr o j e c t . Se w e r M a i n R e p l a c e m e n t s Se w e r C i t y $3 0 , 0 0 0 $3 0 , 0 0 0 _ 4 1 2 F e b - 1 2 _ P r e Pr e l i m i n a r y r e v i e w o f p r o j e c t s d o n e 2 / 1 1 . Pr o j e c t s c o p i n g i n p r o g r e s s t o a i d i n d e t e r m i n i n g s u r v e y sc o p e . I & I S t u d y Se w e r B H C $1 9 9 , 0 0 0 $5 0 , 0 0 0 _ 4 1 2 _ _ S t u d y Ci t y s t a f f r e v i e w i n g d r a f t p l a n . Li f t S t a t i o n 2 Se w e r B H C $ 1 , 0 0 9 , 0 0 0 $8 9 9 , 0 0 0 _ 4 1 2 J u n - 1 1 D e c - 1 1 D e s De s i g n a t 6 0 % . Li f t S t a t i o n s 3 , 4 , 5 , 9 , 1 0 , 1 1 , 1 2 , 14 & 1 5 Se w e r C H S $ 3 , 6 5 5 , 0 0 0 $2 , 4 1 7 , 9 7 3 _ 4 1 2 J u n - 1 1 A u g - 1 2 D e s De s i g n a t 9 0 % . Li f t S t a t i o n 7 & 8 a n d W e s t D a y t o n Se w e r Se w e r H D R $ 3 , 1 0 9 , 6 3 2 $2 4 4 , 0 0 0 _ 4 1 2 A p r - 0 8 O c t - 1 0 C l - o u t Co n s t r u c t i o n C o m p l e t e ; w o r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t pr o j e c t . Al d e r / D e l l w o o d / B e a c h P l / 2 4 4 t h Se w e r R e p l a c e m e n t Se w e r C i t y $ 3 8 0 , 0 0 0 A l d e r $1 7 0 , 0 0 0 B e a c h $2 2 0 , 0 0 0 D e l l w o o d $3 2 0 , 0 0 0 2 2 4 t h $1 , 0 9 0 , 0 0 0 T o t a l $3 5 , 0 0 0 A l d e r $1 5 , 0 0 0 B e a c h $2 0 , 0 0 0 D e l l w o o d $3 0 , 0 0 0 2 2 4 t h $1 0 0 , 0 0 0 T o t a l _ 4 1 2 F e b - 1 2 _ P r e Pr e l i m i n a r y r e v i e w o f p r o j e c t s d o n e 2 / 1 1 . Pr o j e c t s c o p i n g i n p r o g r e s s t o a i d i n d e t e r m i n i n g s u r v e y sc o p e . Ge t s u r v e y o r u n d e r c o n t r a c t b y E n d o f M a r c h / E a r l y A p r i l 2 0 1 1 . 12 t h S t o r m St o r m G r a y & Os b o r n e ; Un i v e r s a l $1 6 4 , 0 0 0 $1 1 0 , 0 0 0 _ 4 1 2 J u n - 1 1 A u g - 1 1 D e s D e s i g n a t 9 0 % ; P e r m a n e n t a n d t e m p o r a r y e a s e m e n t s re q u i r e d t o c o n s t r u c t p r o j e c t . Ci t y - W i d e D r a i n a g e R e p l a c e m e n t Pr o j e c t s : W i l l o w C r e e k S t o r m An c h o r S t r a p s St o r m M o f f i t Ni c h o l $1 5 , 0 0 0 $2 , 0 0 0 _ 4 1 2 _ _ D e s Pr i o r d e s i g n s u n d e r r e v i e w a n d u p d a t e . Ed m o n d s M a r s h - S h e l l a b a r g e r / Wi l l o w C r e e k F l o o d P l a i n De l i n e a t i o n S t u d y St o r m C o n s u l t a n t $ 2 3 9 , 0 0 0 $2 3 9 , 0 0 0 _ 4 1 2 _ _ S t u d y P r o j e c t c a n c e l l e d . A l l o c a t e d b u d g e t w i l l b e u s e d t o w a r d s aq u i s t i o n o f K a r l s t e n p r o p e r t y a p p r o v e d b y C o u n c i l . La k e B a l l i n g e r A s s o c i a t e d P r o j e c t s St o r m C i t y $1 0 0 , 0 0 0 $1 0 0 , 0 0 0 _ 4 1 2 _ D e c - 1 1 P r e F i n a l i z i n g I L A a n d S c o p e w i t h M o u n t l a k e T e r r a c e f o r en g i n e e r i n g d e s i g n f o r l a k e o u t l e t m o d i f i c a t i o n s ( w e i r a n d cu l v e r t s ) . Lo w I m p a c t D e v e l o p m e n t De m o n s t r a t i o n P r o j e c t St o r m C o n s u l t a n t $ 1 0 0 , 0 0 0 $1 0 0 , 0 0 0 _ 4 1 2 T B D T B D P r e S c o p e u n d e r d e v e l o p m e n t L i k e l y c o m b i n e d w i t h M a i n S t . L i g h t i n g P r o j e c t Sc h e d u l e Pr o j e c t B u d g e t 4/ 7 / 2 0 1 1 P A G E 1 Pa c k e t Pa g e 92 of 12 9 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 1 Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Gr a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Sc h e d u l e Pr o j e c t B u d g e t Te r r a c e C r e e k C u l v e r t Re p l a c e m e n t a t T a l b o t R d . St o r m C H S En g i n e e r s $5 0 0 , 0 0 0 $0 _ 4 1 2 _ J a n - 0 9 C l - o u t Co n s t r u c t i o n C o m p l e t e . W o r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t pr o j e c t . Ta l b o t R d / P e r r i n v i l l e C r e e k Dr a i n a g e I m p r o v e m e n t & H a b i t a t En h a n c e m e n t - P h a s e I I St o r m H e r r e r a $ 5 2 2 , 0 0 0 $5 2 2 , 0 0 0 _ 4 1 2 M a r - 1 2 O c t - 1 2 D e s R e - d e s i g n u s i n g a l t e r n a t e r o u t e u n d e r w a y d u e t o p r o p e r t y ow n e r s i s s u e s D e s i g n t o b e i n - h o u s e SW E d m o n d s - 1 0 5 t h / 1 0 6 t h A v e W St o r m I m p r o v e m e n t s St o r m C i t y $4 4 7 , 0 0 0 $1 0 6 , 0 0 0 _ 4 1 2 M a r - 1 2 S e p - 1 2 P r e Su r v e y o f p r o j e c t l i m i t s t o b e d o n e e n d F e b / M a r c h 2 0 1 1 . De s i g n t o b e c o m p l e t e d b y e n d o f 2 0 1 1 . Da y t o n S t r e e t S t o r m R e h a b St o r m C i t y $1 1 0 , 0 0 0 $0 _ 4 1 2 A u g - 1 1 S e p - 1 1 P r e Ev a l u a t i n g p r o j e c t a l t e r n a t i v e s a n d g e t t i n g a s u r v e y o r u n d e r co n t r a c t t o s u r v e y p r o j e c t s i t e . 20 1 2 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r C i t y $ 1 , 6 4 0 , 2 0 0 $0 _ 4 1 2 J a n - 1 2 N o v - 1 2 P r e Si t e e v a l u a t i o n s i n p r o g r e s s a n d g e t t i n g a s u r v e y o r u n d e r co n t r a c t t o s u r v e y p r o j e c t s i t e . 20 0 9 O v e r l a y P r o g r a m St r e e t C i t y $ 1 , 1 3 3 , 7 3 2 $0 $9 9 8 , 4 8 5 1 1 2 J u l - 0 9 O c t - 1 0 C l - o u t Wo r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t p r o j e c t . W o r k i n g o n re t a i n a g e b o n d r e l e a s e . 22 6 t h S t . S W W a l k w a y St r e e t P A C E $ 1 8 5 , 0 0 0 $1 3 3 , 0 0 0 $ 1 8 5 , 0 0 0 1 1 2 A p r - 1 1 S e p - 1 1 D e s D e s i g n a t 9 5 % ; A d v e r t i s e f o r c o n s t r u c t i o n : A p r i l ' 1 1 . 22 8 t h S t . S W C o r r i d o r S a f e t y Im p r o v e m e n t s St r e e t H D R $ 4 , 0 2 2 , 6 9 6 $3 1 0 , 0 0 0 $ 5 3 6 , 0 0 0 1 1 2 J u n - 1 3 D e c - 1 3 D e s D e s i g n a t 1 5 % ; F e d e r a l g r a n t s e c u r e d f o r d e s i g n a n d R O W a c q u i s t i o n ($ 5 3 6 , 0 0 0 ) . Da y t o n S t r e e t O v e r l a y St r e e t K P F F $0 $1 2 0 , 0 0 0 _ 1 1 2 / 4 1 2 _ _ P r e De s i g n p h a s e t o b e g i n i n 2 0 1 1 . Fi v e C o r n e r s R o u n d a b o u t ( 2 1 2 t h St . S W @ 8 4 t h A v . W ) St r e e t C o n s u l t a n t $ 2 , 2 1 6 , 0 0 0 $0 $4 6 3 , 0 0 0 1 1 2 T B D T B D P r e A F e d e r a l g r a n t ( C M A Q ) w a s s e c u r e d f o r d e s i g n a n d r i g h t - o f - wa y a c q u i s i t i o n p h a s e s ( D e s i g n : $ 2 9 0 , 0 0 0 ; R O W : $ 1 7 3 , 0 0 0 ) . F u n d i n g c u r r e n t l y i s n ' t s e c u r e d f o r t h e c o n s t r u c t i o n p h a s e . Ma i n S t r e e t P e d e s t r i a n L i g h t i n g fr o m 5 t h A v e t o 6 t h A v e St r e e t P a r a m e t r i x $ 7 2 5 , 0 0 0 $1 1 5 , 0 0 0 $ 7 2 5 , 0 0 0 1 1 2 J u n - 1 2 N o v - 1 2 P r e F e d e r a l g r a n t h a s b e e n s e c u r e d f o r d e s i g n a n d c o n s t r u c t i o n (t o t a l a m o u n t : $ 7 2 5 , 0 0 0 ) . Re s i d e n t i a l N e i g h b o r h o o d T r a f f i c Ca l m i n g St r e e t C i t y $5 0 , 0 0 0 $5 0 , 0 0 0 _ G e n e r a l _ D e c - 1 1 P r e $ 5 0 , 0 0 0 p r o g r a m m e d f o r 2 0 1 1 f r o m t h e G e n e r a l F u n d , al l o w i n g f o r t h e s t a r t o f t h e t r a f f i c c a l m i n g p r o g r a m . Sh e l l V a l l e y E m e r g e n c y A c c e s s Ro a d St r e e t P e r t e e t $ 6 1 0 , 0 0 0 $4 8 6 , 5 0 0 $ 3 5 0 , 0 0 0 1 1 2 / 4 1 2 J u n - 1 1 t b d D e s De s i g n a t 9 5 % . Co r p s o f E n g i n e e r s p e r m i t i s s u e d SE P A a p p r o v e d b y P l a n n i n g . SR 5 2 4 W a l k w a y St r e e t R e i d Mi d d l e t o n $9 4 9 , 8 0 6 $0 $5 8 1 , 3 2 1 1 1 2 F e b - 0 9 M a r - 1 0 C o n Cl a i m s h a v e b e e n s e t t l e d . W o r k i n g o n c l o s e - o u t p r o c e s s . St a t e R o u t e ( S R ) 9 9 I n t e r n a t i o n a l Di s t r i c t E n h a n c e m e n t s ( P h a s e 1 an d 2 ) St r e e t C H 2 M H i l l $ 7 3 0 , 0 0 0 $2 2 4 , 9 6 2 $ 6 6 2 , 0 0 0 1 2 9 A p r - 1 2 S e p - 1 2 D e s De s i g n o f P h a s e 1 a t 1 0 0 % . P h a s e 1 w i l l b e c o m b i n e d w i t h P h a s e 2 , i n o r d e r t o c o m p l e t e bo t h p r o j e c t s a s o n e i n 2 0 1 2 . W H P a c i f i c w a s s e l e c t e d a s c o n s u l t a n t f o r c o n s t r u c t i o n ma n a g e m e n t . P h a s e 2 d e s i g n w i l l b e g i n t h i s A p r i l . 4/ 7 / 2 0 1 1 P A G E 2 Pa c k e t Pa g e 93 of 12 9 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 1 Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Gr a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Sc h e d u l e Pr o j e c t B u d g e t 20 1 0 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r C i t y $ 2 , 1 9 1 , 0 7 8 $2 , 1 6 5 , 0 0 0 _ 4 1 2 J a n - 1 1 N o v - 1 1 C o n De s i g n P a c k a g e C o m p l e t e d J a n . 2 0 1 1 . Pr o j e c t b i d J a n 2 0 1 1 . B i d s o p e n e d 2 / 1 7 / 2 0 1 1 . Ka r - V e l a p p r o v e d b y c o u n c i l 3 / 1 5 / 1 1 . 20 1 0 W a t e r S y s t e m P l a n U p d a t e W a t e r M S A $ 1 4 8 , 0 0 0 $0 _ 4 1 2 _ _ S t u d y St u d y C o m p l e t e d . 20 1 1 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r M S A $ 2 , 2 5 8 , 0 0 0 $1 , 9 8 1 , 0 0 0 _ 4 1 2 J u n - 1 1 D e c - 1 1 P r e MS A s e l e c t e d t o d o t h e c o n s u l t i n g w o r k . Ki c k o f f m e e t i n g h e l d a t t h e e n d o f J a n 2 0 1 1 . Si t e s u r v e y s c o m p l e t e d 2 / 2 0 1 1 . Al d e r w o o d M e t e r , S e a v i e w & Y o s t Im p r o v e m e n t s W a t e r R H 2 $5 2 0 , 0 0 0 $3 0 3 , 0 0 0 _ 4 1 2 J a n - 1 1 J u n - 1 1 C o n s t Pr e p a r i n g d o c u m e n t s f o r c o n t r a c t . C o u n c i l a p p r o v e d a n ad d i t i o n a l $ 1 6 4 , 0 0 0 f o r t h e 2 0 1 1 p r o j e c t b u d g e t . Fi v e C o r n e r s P u m p S t a t i o n Im p r o v e m e n t s W a t e r R H 2 $ 1 , 3 1 7 , 2 8 4 $6 1 , 0 0 0 _ 4 1 2 N o v - 0 8 J u n - 1 0 C l - o u t Co n s t r u c t i o n C o m p l e t e ; w o r k i n g w i t h c o n t r a c t o r t o c l o s e - o u t pr o j e c t . PR V S t a t i o n s 1 1 & 1 2 W a t e r C i t y $1 6 , 0 0 0 $1 6 , 0 0 0 _ 4 1 2 J u n - 1 1 S e p - 1 1 P r e Pu b l i c W o r k s / o p e r a t i o n s w i l l d o t h e w o r k i n h o u s e w i t h i n p u t fr o m e n g i n e e r i n g . AM R M e t e r E v a l u a t i o n S t u d y W a t e r C o n s u l t a n t $ 5 0 , 0 0 0 $5 0 , 0 0 0 _ 4 1 2 _ _ _ Co o r d i n a t i o n w i t h P u b l i c W o r k s / O p e r a t i o n s f o r s c o p i n g 5 / 1 1 . 76 t h A v e W W a t e r l i n e E x t e n s i o n wi t h L y n n w o o d W a t e r R o t h H i l l $ 5 2 0 , 0 0 0 $0 _ 4 1 2 F e b - 1 2 _ P r e Co o r d i n a t i o n a n d d r a f t i n g o f i n t e r l o c a l a g r e e m e n t w i t h Ly n n w o o d i n p r o g r e s s . E x p e c t 1 s t d r a f t o f L y n n w o o d co m m e n t s b y M a r c h 2 0 1 1 . Ed m o n d s G e n e r a l F a c i l i t i e s Ch a r g e S t u d y Al l F C S $2 5 , 0 0 0 $2 5 , 0 0 0 _ 4 1 2 _ _ S t u d y Co n t r a c t n e g o t i a t i o n s w i t h F C S i n p r o g r e s s . Pr e De s RO W Ad Co n Cl - O u t St u d y Co n s t r u c t i o n Cl o s e - o u t C o n s t r u c i o n C o n t r a c t St u d y Ri g h t - o f - W a y A c q u i s i t i o n Ad v e r t i s e f o r C o n t r u c t i o n B i d s ** A c t i v e P h a s e Pr e l i m i n a r y D e s i g n De s i g n 4/ 7 / 2 0 1 1 P A G E 3 Pa c k e t Pa g e 94 of 12 9 AM-3849 Item #: 1. J. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted For:Robert English Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Information Information Subject Title Traffic Impact Fee Annual Report. Recommendation from Mayor and Staff Forward item to the consent agenda for information at the April 19, 2011 Council meeting Previous Council Action N/A Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 18.82.080(C) of the Edmonds Community Development Code (ECDC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for the year ending December 31, 2010. The City collected a total of $34,741.17 in traffic impact fees and interest of $132.07 during 2010. These revenues combined with the 2010 beginning fund balance of $100,281 resulted in total available funding of $135,022. On the expense side and in accordance with section 18.82.100 of the ECDC, the traffic impact fee fund paid $42,087.29 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. The remaining balance of $72,646 combined with 2011 earnings is available to make future debt service payments on the 220th Street SW project or applied to other eligible transportation projects such as the Five Corners Roundabout. Attachments Attachment 1-Traffic Impact Fee Log Form Review Inbox Reviewed By Date Engineering Robert English 04/07/2011 10:59 AM Public Works Phil Williams 04/07/2011 04:19 PM City Clerk Sandy Chase 04/07/2011 04:31 PM Mayor Mike Cooper 04/07/2011 04:35 PM Final Approval Sandy Chase 04/07/2011 04:56 PM Form Started By: Megan Cruz Started On: 04/06/2011 12:05 PM Final Approval Date: 04/07/2011 Packet Page 95 of 129 20 1 0 2010 Da t e P e r m i t N u m b e r R ec e i p t Nu m b e r A p p l i c a n t / S i t e A d d r e s s F e e A m o u n t F u n d N a m e Tr a n s a c t i o n Re f e r e n c e Am o u n t Tr a n s f e r r e d Cumulative Total 01 / 0 1 / 1 0 Be g i n n i n g B a l a n c e $ 1 0 0 , 2 8 1 . 1 9 01 / 0 5 / 1 0 0 9 - 0 8 4 1 0 5 0 4 1 1 Th e H e a l t h & W e l l n e s s C l i n i c 21 9 2 0 7 6 t h A v e W , # 2 0 3 $2 , 7 2 0 . 4 5 $103,001.64 01 / 2 5 / 1 0 0 9 - 0 7 8 5 0 5 0 5 0 1 Gi l b e r t C o n s t r u c t i o n 81 0 1 4 t h S t . S W $8 4 0 . 7 2 $103,842.36 04 / 0 6 / 1 0 08 - 0 2 8 7 05 0 9 3 6 Ja n t z B u i l d i n g - J a n t z I n v e s t m e n t 54 7 D a y t o n S t r e e t $5 , 2 4 5 . 0 0 $109,087.36 04 / 3 0 / 1 0 10 - 0 2 4 1 05 1 0 8 3 In d e p e n d e n c e A u t o S a l e s 23 0 2 9 H i g h w a y 9 9 $1 , 5 2 7 . 3 2 $110,614.68 05 / 0 4 / 1 0 10 - 0 2 4 1 05 1 1 0 0 In d e p e n d e n c e A u t o S a l e s 23 0 2 9 H i g h w a y 9 9 $2 0 0 . 0 0 $110,814.68 05 / 1 7 / 1 0 10 - 0 1 5 7 05 1 1 6 1 Ro b e r t C a n a a n 71 1 3 - 2 1 0 t h S t . S W $8 4 0 . 7 2 $111,655.40 06 / 0 3 / 1 0 10 - 0 2 5 8 05 1 2 4 5 Cl e a r w a t e r H o m e s , L L C 80 0 8 - 2 4 0 t h S t . S W $8 4 0 . 7 2 $112,496.12 06 / 1 7 / 1 0 10 - 0 2 9 3 05 1 3 3 1 Ce l t i c C o w b o y B B Q , L L C 21 1 0 4 - 7 0 t h A v e W , # B $2 0 0 . 0 0 $112,696.12 06 / 2 3 / 1 0 10 - 0 0 4 7 05 1 3 5 0 St o n e H a r b o u r , L L C 87 1 8 2 0 0 t h S t . S W $8 4 0 . 7 2 $113,536.84 06 / 3 0 / 1 0 10 - 0 2 9 1 05 1 3 8 8 Cl e a r w a t e r H o m e s , L L C 80 1 0 - 2 4 0 t h S t . S W $1 , 1 9 6 . 3 3 $114,733.17 06 / 3 0 / 1 0 AJ 1 0 0 0 8 9 (4 2 , 0 8 7 . 2 9 ) $ $72,645.88 Tr a n s p o r t a t i o n I m p a c t F e e R e c e i p t s a n d F u n d s T r a n s f e r D a t a R e c o r d Tr a n s p o r t a t i o n I m p a c t F e e F u n d A c c o u n t N u m b e r : 1 1 2 . 5 0 2 . 0 0 0 . 3 4 5 . 8 6 0 . 0 0 0 . 0 0 RE C E I P T S TR A N S F E R S PW T F A n n u a l Lo a n P a y m e n t Pa g e 1 Pa c k e t Pa g e 96 of 12 9 20 1 0 2010 Da t e P e r m i t N u m b e r R ec e i p t Nu m b e r A p p l i c a n t / S i t e A d d r e s s F e e A m o u n t F u n d N a m e Tr a n s a c t i o n Re f e r e n c e Am o u n t Tr a n s f e r r e d Cumulative Total Tr a n s p o r t a t i o n I m p a c t F e e R e c e i p t s a n d F u n d s T r a n s f e r D a t a R e c o r d Tr a n s p o r t a t i o n I m p a c t F e e F u n d A c c o u n t N u m b e r : 1 1 2 . 5 0 2 . 0 0 0 . 3 4 5 . 8 6 0 . 0 0 0 . 0 0 RE C E I P T S TR A N S F E R S 07 / 2 6 / 1 0 10 - 0 4 2 3 05 1 5 2 9 Am b e r S a l i n a s P h o t o g r a p h y 51 4 M a i n S t r e e t , # B $1 , 9 6 6 . 1 9 $74,612.07 08 / 0 6 / 1 0 10 - 0 4 0 0 05 1 6 1 3 Ed w a r d J o n e s 13 0 0 O l y m p i c V i e w D r i v e $1 , 4 7 6 . 3 0 $76,088.37 08 / 2 7 / 1 0 10 - 0 5 1 5 05 1 7 8 0 Bi l l T h e B u t c h e r 32 3 M a i n S t r e e t $4 6 4 . 0 0 $76,552.37 08 / 3 0 / 1 0 10 - 0 4 4 4 05 1 7 8 8 Ra n d y & J u d y C l a r k 11 2 6 V i e w l a n d W a y $8 4 0 . 7 2 $77,393.09 08 / 3 0 / 1 0 10 - 0 5 3 5 05 1 7 9 4 Ro b ' s B B Q P i t 61 0 5 t h A v e S , # E $1 7 5 . 5 6 $77,568.65 09 / 2 0 / 1 0 10 - 0 4 2 9 05 1 8 9 5 Ki n t z / W u , S c o t t / J e n f e n g 22 5 2 2 - 9 5 t h P l a c e W e s t $8 4 0 . 7 2 $78,409.37 09 / 2 2 / 1 0 10 - 0 2 4 8 05 1 9 0 7 Gr o w W i t h U s L e a r n i n g C e n t e r s 66 5 E d m o n d s W a y $3 , 9 1 0 . 7 4 $82,320.11 11 / 0 3 / 1 0 10 - 0 4 8 5 05 2 1 6 3 Dr . K i t t s , D D S - O l d M i l l t o w n 20 1 - 5 t h A v e S , # 1 0 3 $7 , 3 7 2 . 8 0 $89,692.91 11 / 0 4 / 1 0 08 - 0 9 3 8 05 2 1 6 8 No r t h C r e s t 4 U n i t C o n d o 62 0 G l e n S t r e e t $1 , 0 5 6 . 2 4 $90,749.15 11 / 0 8 / 1 0 10 - 0 6 1 7 05 2 1 8 8 Ma r k & B r o o k G r a y 85 0 8 - 1 8 4 t h S t r e e t S W $8 4 0 . 7 2 $91,589.87 11 / 1 6 / 1 0 10 - 0 7 6 0 05 2 2 4 3 DJ M I n v e s t m e n t s 83 0 4 - 1 9 6 t h S t r e e t S W $1 , 3 4 5 . 2 0 $92,935.07 20 1 0 I n t e r e s t E a r n e d $1 3 2 . 0 7 $93,067.14 $93,067.14 20 1 0 Y E A R - E N D B A L A N C E Pa g e 2 Pa c k e t Pa g e 97 of 12 9 AM-3859 Item #: 2. A. City Council Committee Meetings Date: 04/12/2011 Time:5 Minutes Submitted For:Jim Tarte Submitted By:Carl Nelson Department:Finance Committee:Finance Type:Information Information Subject Title Quarterly report regarding fiber optic opportunities. Recommendation from Mayor and Staff Previous Council Action Resolution 1234 - Support of Continued Development of Fiber Optic Opportunities as a Source of City Revenue. Narrative The August 24, 2010 presentation of "Edmonds Fiber Optic Broadband Initiative - Background and Update" resulted in Resolution 1234 - setting the policy to review Fiber Optic "opportunity that serves the interest of the citizenry of Edmonds" and requiring quarterly reports to the Finance Committee. Progress has been made and local private businesses, the Edmonds Center for the Arts, and the Port of Edmonds are considering using City of Edmonds fiber for a portion of their business needs. SNOCOM has been presented with a contract for provision of internet services and we are awaiting their response. Attachment 1 shows a March 31st snapshot of expenditures to date (minor changes may occur due to quarter end postings) and, using these numbers, Attachment 2 shows the estimated break even date of April 2015 remains reasonable. It should be noted that either the SNOCOM service provision or the other potential local business partners will move up the estimated break even date. The arguments before the State Court of Appeals occured in January and an opinion is expected this summer. The City of Seattle has followed through on their support of the appeal effort and to date, has reimbursed $24,249.08 of legal fees (thus reducing the City's Professional Services expenditures). Expenditures for the 2011 Fiber Optic Budget have been proceeding as expected. The bulk of that amount will cover ISP charges (approx $13,200), equipment maintenance ($2,500), lease/rental of network software and PUD poles ($4,000). $5,000 has been set aside for Professional Services for specialized network configuration should the need arise in 2011. Attachments Attachment 1 Attachment 2 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 04:31 PM Mayor Mike Cooper 04/07/2011 04:35 PM Final Approval Sandy Chase 04/07/2011 04:56 PM Form Started By: Carl Nelson Started On: 04/07/2011 Final Approval Date: 04/07/2011 Packet Page 98 of 129 20 0 6 2 0 0 7 20 0 8 20 0 9 20 1 0 20 1 0 20 1 1 2011 (as of Mar 30) Ti t l e / O b j e c t Ac t u a l s A c t u a l s A c t u a l s A c t u a l s A c t u a l s B u d g e t e d Bu d g e t e d P r e l i m A c t u a l s 31 0 S U P P L I E S - $ - $ - $ 7 , 8 8 8 . 9 9 $ - $ 7, 8 8 8 . 9 9 $ 1, 0 0 0 . 0 0 -$ 7,888.99 $ 35 0 S M A L L E Q U I P M E N T - - - 1 7 , 3 3 6 . 1 7 1, 4 6 3 . 6 2 1, 0 0 0 . 0 0 18 , 7 9 9 . 7 9 0. 0 0 - 18,799.79 $ 41 0 P R O F E S S I O N A L S E R V I C E S 7, 7 9 5 . 6 8 34 , 8 8 6 . 8 7 76 , 3 7 0 . 3 9 93 , 1 1 6 . 0 2 46 , 8 2 6 . 3 6 54 , 0 0 0 . 0 0 25 8 , 9 9 5 . 3 2 5, 0 0 0 . 0 0 3,864.20 262,859.52 $ 42 0 C O M M U N I C A T I O N S - - 3 4 , 1 8 6 . 0 6 43 , 9 3 2 . 9 5 21 , 1 0 9 . 4 4 25 , 0 0 0 . 0 0 99 , 2 2 8 . 4 5 13 , 2 0 0 . 0 0 2,748.60 101,977.05 $ 45 0 R E N T A L / L E A S E - - - 4 , 5 5 2 . 9 3 3, 9 4 8 . 0 0 - 8, 5 0 0 . 9 3 4, 0 0 0 . 0 0 - 8,500.93 $ 48 0 R E P A I R S & M A I N T E N A N C E - - - 2 , 4 5 6 . 3 9 11 4 . 4 6 3, 6 0 0 . 0 0 2, 5 7 0 . 8 5 2, 5 0 0 . 0 0 - 2,570.85 $ 49 0 M I S C E L L A N E O U S - - 6. 0 5 60 0 . 0 0 2, 7 7 2 . 4 7 - 3, 3 7 8 . 5 2 0. 0 0 - 3,378.52 $ 64 0 E Q U I P M E N T - 1 2 6 , 2 4 8 . 0 0 - - - - 1 2 6 , 2 4 8 . 0 0 0. 0 0 - 126,248.00 $ To t a l 7, 7 9 5 . 6 8 16 1 , 1 3 4 . 8 7 11 0 , 5 6 2 . 5 0 16 9 , 8 8 3 . 4 5 76 , 2 3 4 . 3 5 6,612.80 $ 532,223.65 $ re i m b u r s e m e n t ( a ) ( 2 0 , 8 7 4 . 0 8 ) (2 0 , 8 7 4 . 0 8 ) ‐33 7 5 Est:(24,249.08) 55 , 3 6 0 . 2 7 50 4 , 7 3 6 . 7 7 507,974.57 Fi b e r O p t i c B u d g e t ( P a g e 3 1 o f 2 0 0 9 / 2 0 1 0 B u d g e t ) 29 2 , 0 6 2 . 0 0 1 9 7 , 2 0 0 . 0 0 1 1 3 , 6 0 0 . 0 0 8 3 , 6 0 0 . 0 0 25 , 7 0 0 . 0 0 Di f f e r e n c e b e t w e e n b u d g e t a n d e x p e n d i t u r e s (1 8 1 , 4 9 9 . 5 0 ) $ (2 7 , 3 1 6 . 5 5 ) $ (5 8 , 2 3 9 . 7 3 ) $ (2 8 , 2 3 9 . 7 3 ) $ (2 3 7 , 0 5 5 . 7 8 ) $ (19,087.20)$ (256,142.98)$ (2 6 7 , 0 5 5 . 7 8 ) $ af t e r b u d g e t a d j a) At t a c h m e n t 1 Total as of 3/31/2011 20 1 0 Pr o f e s s i o n a l Se r v i c e s fi g u r e s ta k e in t o co n s i d e r a t i o n re i m b u r s e m e n t by pr o j e c t pa r t n e r s to t a l i n g $2 0 , 8 7 4 . 0 8 th r o u g h 12 / 3 1 / 2 0 1 0 . Ci t y o f E d m o n d s Fi b e r P r o j e c t C o s t s FY 2 0 0 6 - 2 0 1 0 To t a l a s o f 12 / 3 1 / 2 0 1 0 Pa c k e t Pa g e 99 of 12 9 AT T A C H M E N T 2 Co s t s in cu r r e d to da t e : De s c r i p t i o n 7/ 2 8 / 2 0 1 0 1 2 / 3 1 / 2 0 1 0 3 / 3 1 / 2 0 1 1 $7 , 8 8 8 . 9 9 $ 7, 8 8 8 . 9 9 $7,888.99 Sm a l l Eq u i p m e n t : Sm a l l sc a l e pu r c h a s e s fo r sw i t c h i n g an d ro u t i n g eq u i p m e n t (a c c e s s o r i e s ) ne c e s s a r y to ex p a n d th e ne t w o r k s ab i l i t y to ac c o m m o d a t e ad d i t i o n a l pa r t n e r s . $1 7 , 3 3 6 . 1 7 18 , 7 9 9 . 7 9 $18,799.79 Pr o f e s s i o n a l Sv c : Co n s u l t i n g fo r Co n f i g u r a t i o n , De s i g n , In s t a l l , Le g a l fe e s an d co n s u l t i n g fe e s fo r th e Pr o g r a m Di r e c t o r . (J u l y 22 n d MO U wi t h Ci t y of Se a t t l e wi l l re d u c e th i s by $2 0 , 2 4 5 . 3 8 ) $2 3 6 , 4 3 9 . 1 1 $ 23 8 , 1 2 1 . 2 4 $ 238,610.44 Co m m u n i c a t i o n s : Fe e s pa i d to th e re g i o n a l fi b e r co n s o r t i u m fo r sh a r e d co s t s of ce r t a i n as s e t s an d fe e s pa i d fo r In t e r n e t ac c e s s . $9 2 , 9 0 2 . 8 2 99 , 2 2 8 . 4 5 $101,977.05 Re n t a l & Le a s e : Po l e re n t a l $8 , 0 0 7 . 4 3 8, 5 0 0 . 9 3 $8,500.93 Re p a i r & Ma i n t e n a n c e : Fe e s pa i d to th e re g i o n a l fi b e r co n s o r t i u m fo r sh a r e d Ma i n t e n a n c e of ce r t a i n as s e t s as we l l as re p a i r s to wh o l l y ow n e d fi b e r as s e t s . $2 , 5 7 0 . 8 5 2, 5 7 0 . 8 5 $2,570.85 Mi s c e l l a n e o u s $6 2 8 . 5 2 3, 3 7 8 . 5 2 $3,378.52 Eq u i p m e n t : Fi b e r co n s t r u c t i o n & Eq u i p m e n t co s t s as s o c i a t e d wi t h es t a b l i s h i n g se r v i c e an d co n n e c t i o n of ne w pa r t n e r s to th e ne t w o r k . $1 2 6 , 2 4 8 . 0 0 $ 12 6 , 2 4 8 . 0 0 $ 126,248.00 TO T A L Co s t s to Da t e $4 9 2 , 0 2 1 . 8 9 $5 0 4 , 7 3 6 . 7 7 $507,974.57 Es t i m a t e d On g o i n g Ex p e n d i t u r e s : Pe r Mo n t h 7/ 2 8 / 2 0 1 1 1 2 / 3 1 / 2 0 1 0 3 / 3 1 / 2 0 1 1 On g o i n g co s t s of $1 9 6 / m o n t h fo r po l e re n t a l an d co n s o r t i u m du e s $1 9 6 $2 , 3 5 2 $3 , 3 3 2 $588 In t e r n e t Se r v i c e Pr o v i d e r $1 , 0 0 0 $1 2 , 0 0 0 $1 7 , 0 0 0 $3,000 Ci s c o Ma i n t e n a n c e $2 , 0 0 0 $2 , 0 0 0 TO T A L S $1 6 , 3 5 2 $2 2 , 3 3 2 $3,588 Re c u r r i n g sa v i n g s or re v e n u e s im p l e m e n t e d : It e m To t a l Re v e n u e Pe r Mo n t h 7 / 2 8 / 2 0 1 0 1 2 / 3 1 / 2 0 1 0 3 / 3 1 / 2 0 1 1 Re p l a c e m e n t of (2 ) T ‐1' s to Ci t y Of f i c e s Be g a n 1/ 2 0 0 7 $1 , 1 0 0 $3 4 , 1 0 0 $3 9 , 6 0 0 $42,900 Vi d e o Ar r a i g n m e n t ‐ re d u c t i o n tr a n s p o r t a t i o n (F e b 20 1 0 es t i m a t e ) $2 , 7 5 0 $1 6 , 5 0 0 $3 0 , 2 5 0 $38,500 Vi d e o Ar r a i g n m e n t – re d u c t i o n in Ja i l Da y s $2 , 7 6 9 $1 6 , 6 1 4 $3 0 , 4 5 9 $38,766 TO T A L SA V I N G S $ 6 , 6 1 9 $ 6 7 , 2 1 4 $ 1 0 0 , 3 0 9 $ 1 2 0 , 1 6 6 Ne t R i v e r (s t a r t i n g Ja n 20 0 7 , in c r e a $4 8 , 5 0 0 $1 , 5 0 0 $4 8 , 5 0 0 $5 6 , 0 0 0 $ 6 0 , 5 0 0 TO T A L BE N E F I T TO CI T Y $4 8 , 5 0 0 $8 , 1 1 9 $ 1 1 5 , 7 1 4 $ 1 5 6 , 3 0 9 $ 1 8 0 , 6 6 6 BA L A N C E ($ 3 7 6 , 3 0 7 . 8 9 ) ( $ 3 4 8 , 4 2 7 . 7 7 ) ( $ 3 2 7 , 3 0 8 . 5 7 ) Ye a r to pa y of f : 4. 6 4. 3 4.0 Li k e l y pa y of f da t e : 3 / 1 8 / 2 0 1 5 7 / 2 4 / 2 0 1 5 4 / 2 0 / 2 0 1 5 Sa v i n g s / R e v e n u e s as of Co s t s as of : It e m It e m Su p p l i e s : Mi s c e l l a n e o u s pu b l i s h i n g of pl a n s , do c u m e n t s an d dr a w i n g s in su p p o r t of th e pr o j e c t s ma j o r di r e c t i v e s . Ye a r l y an d "T o da t e " Co s t s as of : Pa c k e t Pa g e 10 0 of 12 9 AM-3854 Item #: 2. B. City Council Committee Meetings Date: 04/12/2011 Time:15 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Committee:Finance Type:Information Information Subject Title Discussion on Park Impact Fees. Recommendation from Mayor and Staff Discussion only. Previous Council Action None. Narrative As requested by Councilmember Petso, attached is some information to begin a discussion about Park Impact Fees. Attachments Park Impact Fee discussion Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 09:53 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Carrie Hite Started On: 04/07/2011 08:52 AM Final Approval Date: 04/07/2011 Packet Page 101 of 129 1 Memorandum To: City Council, Mayor From: Carrie Hite, Parks, Recreation and Cultural Services Director Date: April 7, 2011 Re: Park Impact Fees Discussion What is an Impact Fee? An impact fee is a fee charged by a city or county to developers to pay for the costs of providing public facilities or of improving existing ones needed as a result of the new development. Developers are generally responsible for the entire cost of on-site improvements within the development that primarily serve residents of development. Impact fees are a mechanism for assuring that developers to pay a share of the costs of off-site facilities that serve the development. For example, new developments may create the need for new, expanded or improved public facilities such as parks, new or widened roads and sidewalks, schools, fire protection facilities, and utilities in the vicinity of the development. In addition to the new demands on public facilities, the new development also will increase ongoing costs for public services, programs, and facilities operation and maintenance. For example, additional teachers, and firemen, as well as expanded recreation programs, may be needed as a result of the new development. Such ongoing expenses must be covered by funding sources other than impact fees. Impact Fees as Applied in Washington In Washington, impact fees are specifically authorized for those jurisdictions planning under the Growth Management Act (RCW 82.02.050 - .110). However, GMA impact fees are only authorized for public streets and roads; publicly owned parks, open space, and recreation facilities; school facilities; and fire protection facilities. In addition, payments to "mitigate" direct impacts of development, including those on public facilities, are authorized as part of "voluntary agreements" under RCW 82.02.020, and under the State Environmental Policy Act (SEPA - Ch. 43.21C RCW). See Types of Impact Fees Authorized by Washington Statutes for more information on these and other impact fee or mitigation alternatives. In any case, impact fees must be reasonably related to the demand created by the new development - they may not exceed the development's proportionate share of the public facilities' costs. They must directly benefit the new development, and they may not be used to correct existing deficiencies in public facilities. See Impact Fees for relevant state statutes and case law. Packet Page 102 of 129 2 Research of impact on growth ( Referenced from MRSC ) Growth costs money. And increasingly many municipalities have turned to impact fees—one-time charges against new development—to pay the costs of growth. Traditionally, these costs have been financed by property taxes. However, those revenues have proven mostly inadequate to fund the roads, water and sewer infrastructure, and schools required by new residential and commercial development. Impact fees, though, are not universally accepted. Some private interests and public officials could be concerned that impact fees constrain local economic development, serving as a de facto "tax" on capital, stifling investment, and driving job growth to other fee-free jurisdictions. Supporters argue impact fees act as an investment in the community, spurring economic growth through the timely provision of new infrastructure and the expansion of buildable land. Given that impact fees often pay for public infrastructure projects, understanding the relationship between impact fees and local economic development, defined here as local job growth, is key. This report addresses the controversy around impact fees by reviewing the academic literature concerning the effect of impact fees on employment and the economy generally. In addition, the report presents a new analysis of the relationship between impact fees and job creation by assessing impact fee and economic data, assembled for the period 1993 to 1999, for the 67 counties of Florida. Overall, the research finds that: • Property tax revenues increasingly fail to cover the full costs of the infrastructure needed to serve new development. More and more, political resistance to property taxes compromises the conventional way to pay for infrastructure needs brought on by new development. Consequently, new property values would have to be very high or property tax rates raised across the board to pay for the full array of infrastructure needs For example, one study of a rapidly growing city in Georgia in the 1990s found that the city faced a 50 percent shortfall in funding the new infrastructure demanded by new development and would need to raise $90 million more than it projected in total revenues from all state and federal transfers and property taxes. • Impact fees, like user fees, offer a more efficient way to pay for infrastructure than general taxes, and ensure benefits to those who pay them. Academic literature suggests that the aggregate benefits of impact fees improve efficiency in the provision of infrastructure. While impact fees often do not reflect the full price of infrastructure improvements, fees do make the economic linkage between those paying for and those receiving benefits more direct, and so promote economic efficiency. The obvious direct economic benefits include the actual infrastructure Packet Page 103 of 129 3 investment, such as new roads, new schools, and new water and sewer extensions. Indirect benefits include improved predictability in the marketplace, knowing when and where infrastructure investment will occur, and that all developers are treated equitably. • Impact fees increase the supply of buildable land. In the absence of impact fees, local governments may not have the revenue necessary to accommodate growth. With impact fees, they gain necessary infrastructure¾ water, sewer, drainage, and road facilities¾ to open new parcels of land development. One study also found that impact fees may reduce uncertainty and risk for developers by giving them a reasonably predictable supply of buildable land. • Impact fees have complex effects on housing prices. One particularly thorough study of the effect of impact fees on housing prices found that fees reduced land prices by the amount of fees paid but also raised finished house prices by about half again the fee amount. One interpretation is that while impact fees lower raw land prices as predicted by conventional economic theory, the amount of the fee reflecting infrastructure value is recovered in the sales price. Additionally, the increment above the fee represents the value of the infrastructure as a whole and/or the certainty perceived by the market that facilities will be provided at a desired level and quality of service (i.e. no congestion) regardless of growth pressures. • Impact fees do not slow job growth. In this study, we find, at minimum, that impact fees are not a drag on local economies. At most, impact fees are the grease that helps sustain job growth in the local economy. While impact fees will continue to draw detractors, this discussion shows that impact fees are a practical and valuable tool for financing local infrastructure needs. Without them, growing communities may not be able to sustain growth. In short, impact fees can directly fund vital infrastructure improvements, while increasing the supply of buildable land, improving predictability in the development process, and indirectly promoting local employment at the same time. Faced with the growing demand for investment and the public resistance to tax increases, localities in growing regions that institute impact fees may become more prosperous in the long run than communities in such regions that do not have them. Park Impact Fees in Edmonds? In order to consider imposing park impact fees, the City Council would need to determine that new residential growth and development in the city will create additional demand and need for public facilities, namely parks. In addition, the City Council will need to agree that this new residential growth and development should pay a proportionate share of the cost of new public facilities needed to serve the new growth and development. The park impact fee rate is usually determined through a comprehensive rate study using a current per capita formula. This formula is then applied to future need and determined by City Council. For cities across Washington State, it varies widely, ranging from $500-5000 for single family units. Packet Page 104 of 129 AM-3861 Item #: 2. C. City Council Committee Meetings Date: 04/12/2011 Time:10 Minutes Submitted By:Jim Tarte Department:Finance Committee:Finance Type:Information Information Subject Title Monthly General Fund Update. Recommendation from Mayor and Staff For Information Previous Council Action N/A Narrative Please refer to the attached report. Attachments General Fund Report Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/08/2011 10:33 AM Mayor Mike Cooper 04/08/2011 11:09 AM Final Approval Sandy Chase 04/08/2011 11:51 AM Form Started By: Jim Tarte Started On: 04/08/2011 10:27 AM Final Approval Date: 04/08/2011 Packet Page 105 of 129 2011 Annual Budget YTD Actuals Variance % Rec/Exp BEGINNING WORKING CAPITAL 2,815,313 0 2,815,313 REVENUES REAL PERSONAL / PROPERTY TAX 9,506,114 315,948 9,190,166 3.32% EMS PROPERTY TAX 3,233,038 117,104 3,115,934 3.62% VOTED PROPERTY TAX 877,984 28,725 849,259 3.27% LOCAL RETAIL SALES/USE TAX 4,524,195 1,152,918 3,371,277 25.48% NATURAL GAS USE TAX 16,667 3,532 13,135 21.19% 1/10 SALES TAX LOCAL CRIM JUST 530,130 137,304 392,826 25.90% GAS UTILITY TAX 890,000 348,571 541,429 39.17% T.V. CABLE UTILITY TAX 698,865 117,572 581,293 16.82% TELEPHONE UTILITY TAX 1,563,454 388,775 1,174,679 24.87% ELECTRIC UTILITY TAX 1,532,043 457,711 1,074,332 29.88% SOLID WASTE UTILITY TAX 285,918 87,394 198,524 30.57% WATER UTILITY TAX 764,082 116,679 647,403 15.27% SEWER UTILITY TAX 470,000 76,513 393,487 16.28% STORMWATER UTILITY TAX 237,600 55,115 182,485 23.20% LEASEHOLD EXCISE TAX 250,938 54,241 196,697 21.62% PULLTABS TAX 61,043 13,306 47,737 21.80% LICENSES AND PERMITS 1,484,829 424,540 1,060,289 28.59% INTERGOVERNMENTAL 837,256 171,142 666,114 20.44% CHARGES FOR GOODS AND SERVICES 3,637,480 837,291 2,800,189 23.02% FINES AND FORFEITURES 667,100 51,926 615,174 7.78% MISCELLANEOUS 339,073 69,473 269,600 20.49% NONREVENUES 0 0 0 0.00% INTERFUND TRANSFERS 104,464 0 104,464 0.00% TOTAL REVENUES 32,512,273 5,025,782 27,486,491 15.46% EXPENDITURES SALARIES/WAGES 12,813,121 2,963,984 9,849,137 23.13% BENEFITS 4,408,629 1,014,771 3,393,858 23.02% SUPPLIES 531,004 107,886 423,118 20.32% SERVICES 3,644,274 1,181,812 2,462,462 32.43% INTERGOVERNMENTAL 8,825,569 2,099,520 6,726,049 23.79% CAPITAL OUTLAY 0 0 0 0.00% DEBT SERVICE PRINCIPAL 1,111,369 0 1,111,369 0.00% DEBT SERVICE INTEREST 340,759 5,106 335,653 1.50% INTERFUND SERVICES 646,172 97,386 548,786 15.07% TOTAL EXPENDITURES 32,320,897 7,470,464 24,850,434 23.11% CHANGE IN WORKING CAPITAL 191,376 -2,444,682 2,636,057 ENDING WORKING CAPITAL 3,006,689 -2,444,682 5,451,370 City of Edmonds General Fund Update March 2011 Packet Page 106 of 129 2010 OUTLOOK 631,090 2011 BUDGET 700,000 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %7.79%5.06%6.55%8.36%8.00%10.19%9.31%10.84%9.65%9.82%7.83%6.61% Cumulative Forecast %7.79%12.85%19.40%27.76%35.76%45.95%55.26%66.10%75.74%85.56%93.39%100.00% Monthly Forecast $54,509 35,415 45,854 58,548 55,975 71,363 65,138 75,882 67,525 68,726 54,798 46,268 Cumulative Forecast $54,509 89,923 135,777 194,325 250,300 321,663 386,801 462,683 530,208 598,934 653,732 700,000 Actual Collected $64,450 26,992 30,969 69,226 66,184 84,378 77,017 89,722 79,840 81,260 64,792 54,707 Cumulative Collection $64,450 91,442 122,411 191,637 257,821 342,199 419,217 508,938 588,779 670,039 734,831 789,537 YEAR END FORECAST 827,667 711,822 631,090 690,317 721,033 744,690 758,663 769,980 777,327 783,103 786,839 789,537 Projected YE Variance 127,667 11,822 (68,910) (9,683) 21,033 44,690 58,663 69,980 77,327 83,103 86,839 89,537 Budget Variance %18.24%1.69%-9.84%-1.38%3.00%6.38%8.38%10.00%11.05%11.87%12.41%12.79% City of Edmonds 2011 Monthly Revenue Forecasting Model REAL ESTATE EXCISE TAX - 200,000 400,000 600,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Users\waters\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RYVHAUTP\Book1.xlsx page 2 -6 Page 2 of 6 4/8/2011 10:17 AMPacket Page 107 of 129 2011 OUTLOOK 4,574,251 2011 BUDGET 4,524,195 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %7.98%10.14%7.08%7.51%8.67%7.78%7.81%9.33%8.31%8.38%9.33%7.69% Cumulative Forecast %7.98%18.12%25.20%32.71%41.38%49.16%56.96%66.30%74.61%82.98%92.31%100.00% Monthly Forecast $361,138 458,856 320,307 339,615 392,188 351,881 353,139 422,201 376,021 378,930 421,884 348,035 Cumulative Forecast $361,138 819,994 1,140,302 1,479,916 1,872,104 2,223,985 2,577,124 2,999,325 3,375,345 3,754,276 4,176,160 4,524,195 Actual Collected $358,415 449,791 344,713 337,053 389,230 349,227 350,476 419,017 373,185 376,072 418,702 345,411 Cumulative Collection $358,415 808,205 1,152,918 1,489,971 1,879,201 2,228,428 2,578,904 2,997,921 3,371,106 3,747,178 4,165,880 4,511,291 YEAR END FORECAST 4,490,075 4,459,150 4,574,251 4,554,934 4,541,347 4,533,234 4,527,320 4,522,077 4,518,512 4,515,642 4,513,059 4,511,291 Projected YE Variance (34,120) (65,045) 50,056 30,739 17,152 9,039 3,125 (2,118) (5,683) (8,553) (11,136) (12,904) Budget Variance %-0.75%-1.44%1.11%0.68%0.38%0.20%0.07%-0.05%-0.13%-0.19%-0.25%-0.29% SALES AND USE TAX City of Edmonds 2011 Monthly Revenue Forecasting Model - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Users\waters\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RYVHAUTP\Book1.xlsx page 2 -6 Page 3 of 6 4/8/2011 10:17 AMPacket Page 108 of 129 2011 OUTLOOK 826,971 2011 BUDGET 890,000 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %13.97%14.79%13.39%10.91%9.32%7.00%5.14%3.62%3.36%3.67%6.27%8.56% Cumulative Forecast %13.97%28.76%42.15%53.06%62.38%69.37%74.51%78.13%81.50%85.16%91.44%100.00% Monthly Forecast $124,297 131,645 119,196 97,069 82,945 62,262 45,728 32,251 29,930 32,637 55,825 76,215 Cumulative Forecast $124,297 255,942 375,138 472,207 555,152 617,413 663,141 695,392 725,322 757,960 813,785 890,000 Actual Collected $118,216 119,279 111,076 92,320 78,887 59,216 43,491 30,673 28,466 31,041 53,094 72,486 Cumulative Collection $118,216 237,495 348,571 440,891 519,778 578,994 622,485 653,158 681,624 712,665 765,759 838,245 YEAR END FORECAST 846,460 825,854 826,971 830,977 833,290 834,618 835,435 835,946 836,380 836,814 837,476 838,245 Projected YE Variance (43,540) (64,146) (63,029) (59,023) (56,710) (55,382) (54,565) (54,054) (53,620) (53,186) (52,524) (51,755) Budget Variance %-4.89%-7.21%-7.08%-6.63%-6.37%-6.22%-6.13%-6.07%-6.02%-5.98%-5.90%-5.82% City of Edmonds 2011 Monthly Revenue Forecasting Model GAS UTILITY TAX - 200,000 400,000 600,000 800,000 1,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Users\waters\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RYVHAUTP\Book1.xlsx page 2 -6 Page 4 of 6 4/8/2011 10:17 AMPacket Page 109 of 129 2011 OUTLOOK 1,572,347 2011 BUDGET 1,563,454 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %5.64%9.53%9.56%6.30%8.58%6.51%9.54%8.94%6.22%11.08%5.56%12.54% Cumulative Forecast %5.64%15.16%24.73%31.03%39.61%46.12%55.67%64.61%70.82%81.90%87.46%100.00% Monthly Forecast $88,105 148,971 149,501 98,560 134,154 101,832 149,200 139,777 97,178 173,153 86,900 196,123 Cumulative Forecast $88,105 237,076 386,576 485,136 619,291 721,123 870,323 1,010,100 1,107,278 1,280,431 1,367,331 1,563,454 Actual Collected $119,046 76,840 192,889 133,173 181,267 137,594 201,597 188,864 131,306 233,962 117,418 264,998 Cumulative Collection $119,046 195,886 388,775 521,948 703,215 840,809 1,042,406 1,231,271 1,362,576 1,596,538 1,713,956 1,978,954 YEAR END FORECAST 2,112,514 1,291,816 1,572,347 1,682,088 1,775,329 1,822,944 1,872,585 1,905,786 1,923,930 1,949,432 1,959,796 1,978,954 Projected YE Variance 549,060 (271,638) 8,893 118,634 211,875 259,490 309,131 342,332 360,476 385,978 396,342 415,500 Budget Variance %35.12%-17.37%0.57%7.59%13.55%16.60%19.77%21.90%23.06%24.69%25.35%26.58% City of Edmonds 2011 Monthly Revenue Forecasting Model TELEPHONE UTILITY TAX - 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Users\waters\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RYVHAUTP\Book1.xlsx page 2 -6 Page 5 of 6 4/8/2011 10:17 AMPacket Page 110 of 129 2011 OUTLOOK 1,413,069 2011 BUDGET 1,532,043 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %10.07%11.81%10.51%10.53%9.28%7.62%7.22%6.33%6.62%5.79%7.34%6.87% Cumulative Forecast %10.07%21.88%32.39%42.93%52.21%59.83%67.05%73.38%80.00%85.79%93.13%100.00% Monthly Forecast $154,344 180,865 161,039 161,397 142,207 116,798 110,597 96,931 101,381 88,779 112,474 105,231 Cumulative Forecast $154,344 335,209 496,248 657,645 799,852 916,651 1,027,247 1,124,178 1,225,559 1,314,338 1,426,812 1,532,043 Actual Collected $163,770 142,743 151,197 171,254 150,892 123,932 117,351 102,851 107,572 94,201 119,343 111,658 Cumulative Collection $163,770 306,514 457,711 628,965 779,858 903,789 1,021,141 1,123,992 1,231,564 1,325,765 1,445,109 1,556,766 YEAR END FORECAST 1,625,612 1,400,895 1,413,069 1,465,231 1,493,745 1,510,547 1,522,936 1,531,789 1,539,550 1,545,363 1,551,689 1,556,766 Projected YE Variance 93,569 (131,148) (118,974) (66,812) (38,298) (21,496) (9,107) (254) 7,507 13,320 19,646 24,723 Budget Variance %6.11%-8.56%-7.77%-4.36%-2.50%-1.40%-0.59%-0.02%0.49%0.87%1.28%1.61% City of Edmonds 2011 Monthly Revenue Forecasting Model ELECTRIC UTILITY TAX - 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Users\waters\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RYVHAUTP\Book1.xlsx page 2 -6 Page 6 of 6 4/8/2011 10:17 AMPacket Page 111 of 129 AM-3851 Item #: 3. A. City Council Committee Meetings Date: 04/12/2011 Time:30 Minutes Submitted For:Debi Humann, Human Resources Director Submitted By:Sandy Chase Department:City Clerk's Office Committee:Public Safety Type:Action Information Subject Title Discussion of compensation consultant. Recommendation from Mayor and Staff Council placed this item on the December 21, 2010 City Council agenda for review and discussion. Councilmember Plunkett envisioned at that meeting that Council likely could identify 2 - 3 issues with the current non-represented employee compensation policy that should be addressed and further suggested that I, as HR Director, assist with drafting those issues into a scope of work. The attached materials were provided at the March 1 PS/HR Committee but were not reviewed due to time constraints. The materials are being brought forward to the April 5 PS/HR Committee for review. Previous Council Action See "Recommendation from Mayor and Staff." Narrative See "Recommendation from Mayor and Staff." Attachments Compensation Consultant Materials Form Review Inbox Reviewed By Date Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Sandy Chase Started On: 04/06/2011 Final Approval Date: 04/07/2011 Packet Page 112 of 129 Packet Page 113 of 129 Packet Page 114 of 129 Packet Page 115 of 129 Packet Page 116 of 129 Packet Page 117 of 129 Packet Page 118 of 129 Packet Page 119 of 129 Packet Page 120 of 129 Packet Page 121 of 129 Packet Page 122 of 129 Packet Page 123 of 129 AM-3850 Item #: 3. B. City Council Committee Meetings Date: 04/12/2011 Time:30 Minutes Submitted For:Councilman D.J. Wilson Submitted By:Jana Spellman Department:City Council Committee:Public Safety Type:Information Information Subject Title Discussion of new council staff position related to budget/financials/insurance. Recommendation from Mayor and Staff Previous Council Action This agenda item is being forwarded for discussion from the April 5, 2011 PS/HR Committee. The Committee was not able to discuss this during the April 5th meeting due time constraints. Narrative Discussion on merits of hiring Council-directed personnel relating to policy development and budget oversight. The enclosed application announcement will be used as a starting point with discussion on relative benefits and costs of hiring a consultant versus an employee. Attachment 1: Draft Vision for the Council Budget and Policy Director Attachment 2: Employment Announcement - Budget and Policy Director for the City Council - UPDATED March 30 Attachments Attach 1 Draft Vision for the Council Budget and Policy Director Attach 2 Employment Announcement - Budget and Policy Director for the City Council - UPDATED March 30 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/07/2011 11:38 AM Mayor Mike Cooper 04/07/2011 11:42 AM Final Approval Sandy Chase 04/07/2011 01:46 PM Form Started By: Jana Spellman Started On: 04/06/2011 Final Approval Date: 04/07/2011 Packet Page 124 of 129 Draft Vision for the Council Budget and Policy Director: For Discussion Purposes This position would have a similar arrangement with Council as does the Sr. Executive Assistant position. For example: - Terms of employment would be set annually by contract - Position would receive benefits, beyond a salary, commensurate with other non- represented employees - The position would be established in ordinance, like the Sr. Executive Assistant position o Staff is responsibility of the mayor o In these select cases, the mayor defers management and oversight to the Council for specific positions The purpose of the position would be to collect information, support Council deliberation, and do the Council policy and budget staff work that Council is unable to do itself - Council is getting increasingly active in innovative policy discussions o Often that is supported by the work city staff are doing o Often, the Council initiative requires coordination among various departments and personnel - This person is in many ways a coordinator of information from staff to Council o Good to have one staff person accountable to Council for follow up on discussion, deliberation, and action taken by Council o Can follow up on information requests by Council made to staff  Can be done face to face rather than late night emails  Position would have 40 hours a week to devote to such information collection, in addition to analysis, to complement the 10-20 hours per week by Council members Packet Page 125 of 129 Employment Opportunity Announcement Budget and Policy Director for the City Council April 5, 2011 Prepared on behalf of the Edmonds City Council Packet Page 126 of 129 I. Introduction The City Council of the City of Edmonds is seeking to fill the position of Budget and Policy Director for the City Council. This position would work closely with the City Council, under guidance from the Council President, and with city administrative staff, including the Mayor and department directors. Since Jan 1, 2010, two new Council members have been appointed to the seven member body. Of the seven Council members, five have yet to complete their first four year term. In July, the Edmonds mayor resigned his position, leaving a vacancy that was filled shortly thereafter. A significant number of director level positions have been replaced as well. The City of Edmonds runs particularly lean in terms of staffing. This can sometimes make it difficult to get timely information to the Council to support policy discussions and deliberation as each department is both thinly staffed and faces a full work load. II. Scope of Work The Budget and Policy Director will support the City Council in addressing budget and policy matters. The position will work under the direction of the Council President, with assistance from the Sr. Executive Assistant to the City Council, and with each member of the Council as needed to address the following: - Develop policy options relating to Council interests and priorities; - Answer questions posed by the Council or Council members regarding the financial data and budget information as reported by the administration; - Support the effort to coordinate communication between the Council and administration regarding policy questions, with a particular focus on budget and financial data and reporting; - Review and analyze the financial projections and assumptions for the city finances for the years ahead; - Support the Council in understanding the budget implications of potential policy decisions; This is not an audit or accounting position, nor is this position intended to replace staff work in the City of Edmonds Finance Department. This position is a full-time position with an annual review, and includes city benefits as assigned to non-represented employees. Applicants should note their salary expectations in their cover letter. The City Council reserves the right to alter or extend this scope of work as necessary. Respondents are encouraged to read previous Council minutes where discussions of budget, financial and policy matters have taken place. This will provide some contextual information for the work environment during the course of this contract. Packet Page 127 of 129 III. Qualifications Required qualifications and experience of the applicant are as follows. Budget - Bachelors degree with a significant and relevant experience dealing with public sector budgets, either in the development of or implementation of budgets - Demonstrated experience working with and reporting to a legislative body to develop and complete a budget process - Experience analyzing and budgeting for health care-related activities and/or policies; Policy - Experience working in local government, either at the city or county level, and developing policy; - Five years experience working directly with, and preferably reporting to, elected officials; - Direct experience developing policy for elected legislative officials in the areas of energy, technology, health care, and environmental stewardship; - Strong interpersonal skills with a demonstrated ability to manage contentious relationship in a professional and high integrity manner Desired qualifications and experience includes: - Graduate level study is preferable in a relevant area of study - An understanding of financial practices and procedures as outlined by the Governmental Financial Officers Association (GFOA) IV. About the City of Edmonds A walkable waterfront town, celebrated as an arts community, Edmonds offers sandy beaches, stunning views, and a full calendar of year round arts events. Fanning out from the central fountain, enjoy sidewalk cafes, art galleries, shop at boutique clothing, hardware, garden supply, and houseware stores. Browse through travel specialty shops, unique jewelry, outstanding wine and food, book and antique stores. A rich blend of old and new makes Edmonds distinctive. Accented by art, colorful hanging baskets, and vintage street lamps, the pedestrian-friendly downtown reflects the scale and design elements of the past with the former Carnegie Library Historical Museum, a log cabin Visitor Center, and a 1920s Art Deco movie theater. Restaurants, cafes and bistros, offer a delicious dining experience and beachfront eateries with outdoor tables provide scenic views of Puget Sound, the Olympic Mountains, and magnificent sunsets. Shopping and dining opportunities are also found along Highway 99 and the neighborhood commercial districts of Westgate, Perrinville, Firdale Village, and Five Corners. The City of Edmonds has a strong mayor form of government, with a general fund budget of approximately $36 million. The total budget, including all city revenues and expenditures, is approximately $75 million. Packet Page 128 of 129 V. Non-discrimination policy The City of Edmonds does not discriminate on the basis of any protected by federal or state law, including race/color, creed (religion), national origin, sex, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation/gender identity, or honorably discharged veteran and military status. The consultant shall agree not to discriminate against any client, employee, or applicant for employment or for services based on any of the aforementioned basis. The City of Edmonds is an equal opportunity employer. Further, response to this announcement authorizes the City of Edmonds to obtain background information on history relevant to this position to include contact with past employers and references. It is further understood that any finalist, prior to being selected, may be required to complete a criminal background investigatory process. The City of Edmonds reserves the right to reject all qualifications or to contract with different firms for different services. VI. Timeline The City Council reserves the right to alter this timeline at any time. This is provided for planning purposes to respondents. (Needs updating according to Council calendar.) May 2nd Position posted May 27th Application period concludes June 8th/ 9th First round interviews with Council subcommittee June 15th/16th Second round interviews with Mayor and directors, as warranted June 28th Final round interviews with full Council July 11th Expected date of hire VII. Response <Standard language directing applicants to HR director.> Packet Page 129 of 129